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USA Visa

Hi guys,

I am getting married next year and am hoping to honeymoon in USA.

Unfortunately, due to a stupid mistake 8 years ago, I have a criminal record and am therefore not eligible for their VISA waiver programme.

My question is: has anyone else had this issue and what is the procedure that needs to be followed?

A family member is paying for the honeymoon as a wedding present and am reluctant to book until I know that I will be allowed entry.
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Comments

  • safesound
    safesound Posts: 1,164 Forumite
    What did you do? Are you sure you'll need a visa?
    :A:A:A:A:A:A
  • malkie76
    malkie76 Posts: 6,170 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    wouldn't it make more sense to ask your question to the a US Embassy in the UK ? Try completing the online ESTA as that might give you an early indication
    Legal team on standby
  • safesound wrote: »
    What did you do? Are you sure you'll need a visa?

    I was given community service for theft. I don't really want to go into huge detail as it was a strict one off which I am not proud of and has affected my life hugely since. I just dont know where to go from here and whether there is a strict yes/no depending on the conviction.

    I have family in the USA and wonder whether this could have a positive effect on my application?

    :confused:
  • dinkydog wrote: »
    Not good. Theft is a CiMT, and its only been 8 years.

    Only option is to apply for the visa. Its more than likely that would be denied, and you would then need to apply for a waiver of inadmissability.

    Ok well thanks for the reply. Guess we will be honeymooning at Butlins. Can I apply for a Visa before I have purchased tickets etc?
  • luci
    luci Posts: 6,247 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If you apply for a visa perhaps you should tell them you are going much sooner than you are actually planning to. Someone on another site didn't get their waiver of ineligibility until just a few weeks before they were travelling. I would expect prices to rise nearer the date of departure.

    Someone has posted their experience of applying HERE
  • dinkydog wrote: »
    Most definately, as you don;t know if you will get one, or how long the process will take.

    Apart from hiring a decent immigration attorney to do this, the criteria they look at are
    1. The risk of harm to society if the applicant is admitted;
    2. The seriousness of the applicant's prior violation(s) of immigration or criminal law, if any; and
    3. The nature of the applicant's reasons for seeking entry.
    Do a google for INA 212(d)(3) Nonimmigrant Waiver , as thats what you will require if the B2 visa is refused.

    Saying that, if you were under 18 at the time, then thats a whole easier option.

    If it were Theft in the second degree (less than $250) then its possible petty offenses could kick in, as the maximum jail time is 180 days.

    It sounds pretty ominous to me. Perhaps I should just visit a different destination. From what you say it's looking unlikely that a Visa would be issued so probably easier and much less stressful to just go elsewhere :(
  • malkie76
    malkie76 Posts: 6,170 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    dinkydog wrote: »
    No.

    Yes. My point is perfectly valid.
    Legal team on standby
  • malkie76 wrote: »
    Yes. My point is perfectly valid.

    Perhapd I should just take my chances and just turn up at the border and hope the person simply stamps my passport at the gate :rotfl:
  • Just go somewhere else, there are plenty better places (in my opinion!) ;-)
    Vanquis- Limit £1250, balance £0
    Capital One Classic- Limit £800, balance £0
    Natwest Current Account- £800 OD limit, approx £600 OD
    Loan- £3300, will be paid off by Dec 09
    Student Loan- paid off Dec 09 (That's £150 a month extra! Woohoo)
    Empire Catalogue Account- £750 limit, balance £30
  • walkz
    walkz Posts: 12 Forumite
    I think you would be quite surprised how easy it is to get a visa.

    I have a CR and was not expecting to have a hope of being issued one (ive have 5 or 6 offenses dating from 2 years back to 10 years). Yes i got an interrogation but i got issued a tourist visa.

    I know alot of people that have been over to Vegas for the boxing without applying and they have all had no problems.
    I personally didn't want to chance it, it was a bit of a long drawn out process but worth it in the end.

    Id say your 99% likely to get in without one (the US have no access to the criminal record database) but its not worth chancing for a honeymoon
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