help needed - traveling to us with criminal record

dzug1

kazprincess wrote: »

I do hear what you are saying and i have thought of doing this. But then i makes me angry as i truly believe its just a money making scheme. Its not a cheap route to go down and it can open up a whole lot of worms for something i do not think i need. If i needed this visa - why doesnt it state the fact on the waiver visa form?

No it's not just a money making scheme - it more than likely runs at a loss.

The wording on the visa waiver form (and ESTA) is laid down in US law. Getting it changed would be a major political battle in the US one possible outcome of which would be the abolition of the scheme with everyone needing a visa. Yes the situation is a mess - but putting it right ain't going to happen - not in a hurry and maybe not at all.

kazprincess

dzug1 wrote: »

No it's not just a money making scheme - it more than likely runs at a loss.

The wording on the visa waiver form (and ESTA) is laid down in US law. Getting it changed would be a major political battle in the US one possible outcome of which would be the abolition of the scheme with everyone needing a visa. Yes the situation is a mess - but putting it right ain't going to happen - not in a hurry and maybe not at all.

What would you do in my situation?

Voyager2002

It is no use at all asking people here for their views on your situation. People here are not US immigration officers, and do not think and make judgements in the way that US immigration do.

Your options are as follows:
1. Choose a different country for a holiday. Personally, I found Canada far more interesting and civilised than the USA, and most of Europe a good deal more interesting than either;
2. Decide that you are not going to apply for a visa, and not say anything. Only go down this option if (i) you feel confident that your conviction did not involve moral turpitude and/or (ii) you are confident that when you reach US immigration you will be able to put the whole matter out of your minds and casually pass through immigration. People who are unusually nervous, or act as if they feel they are telling lies, are likely to be selected for intensive questioning, and an experience like that could ruin your holiday;
3. Decide to get a visa anyway. If you do so, allow lots of time for them to process the application. And of course by doing so you tell them everything so that possibility 2 would then no longer be an option.

dzug1

kazprincess wrote: »

What would you do in my situation?

I'm not in your situation

I don't know what I would do if I were - torn by the same dilemma as you.

dzug1

Voyager2002 wrote: »

Personally, I found Canada far more interesting and civilised than the USA.

which is actually ironic as Canada has far stricter rules about entering with a criminal record than the US, just chooses not to ask tourists from the UK about their record.

Virtually any crime officially bars you from Canada without an (extremely) expensive rehabilitation certificate.

birkee

I see where you are coming from, and feel that you've been treated unfairly (the facts being as you state, and not embellished.)

The simple truth is though, that when your boyfriend attempted to break up the fight, he became part of it. How are the bouncers supposed to know who started it, and why the participants were involved? (Not that I'd trust their statements anyway, they've their backs to cover too.) You too, decided to get involved, and no matter what the motives were, you were involved.

A decent Solicitor would have been your only salvation after you were charged.

kazprincess

birkee wrote: »

I see where you are coming from, and feel that you've been treated unfairly (the facts being as you state, and not embellished.)

The simple truth is though, that when your boyfriend attempted to break up the fight, he became part of it. How are the bouncers supposed to know who started it, and why the participants were involved? (Not that I'd trust their statements anyway, they've their backs to cover too.) You too, decided to get involved, and no matter what the motives were, you were involved.

A decent Solicitor would have been your only salvation after you were charged.

I totally agree with you. I supose my boyfriend thought he was doing the right thing. He feels so bad and guilty regarding my criminal record as he feels he is at fault as if he didnt try to intervine, none of this would have happened.
Thats why i said in a previous post - we will NEVER try to split up a fight again. Its just not worth it.

kazprincess

Regardless of the details of our crime, bottom line is - we both have an assault charge.

I believe the US are not interested in people like us, as if they were, even after having an interview, wouldnt they just reject our application? People wilth small crimes like me are never rejected for Visas.

I have read so many posts and sites on the net who all basically say they are only interested in bigger fish like crimes involving drugs.

If i tick NO on the ESTA form - i am not lying. Not one part of me thinks that i am lying and i am 100% confident that i am not lying. Even if they do pull me into a room and ask me loads of questions at the border, i will answer thruthly so surly if they can see i havent lied on the ESTA form - how would they not let me into the country?

Also, how would they even be allerted of my criminal record as i read that the US and UK do not share that kind of information unless your a big time criminal or invloved in drugs etc. I am sure our assault charge wouldnt be flagged up and even if it is - cant they tell that its not a crime which involved moral turpidtue?

dzug1

birkee wrote: »

A decent Solicitor would have been your only salvation after you were charged.

But even if found not guilty it doesn't make much difference to the US immigration position - there's still the moral turpitude conundrum and the possible need for a visa.

adouglasmhor

dzug1 wrote: »

But even if found not guilty it doesn't make much difference to the US immigration position - there's still the moral turpitude conundrum and the possible need for a visa.

I would never tell them I had been arested for a crime I was later found not guilty of, it's none of their damned business or anyone else's not guilty means the offence never happened in my book.