Has Anyone Applied For A Us Visa Because They Have Been Arrested In The Past?

JayS_3

Baz_Bee wrote:

I think this probably comes from the same source that suggested Iraq had weapons of mass destruction ready to be set upon us within a few minutes.

Very few, if any, people have been sent back for minor/trivial offenses unless they fall within the definition of “moral turpitude” (http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-MORAL_TURPITUDE.htm). Those that have will generally have been unlucky or caused the suspicion themselves because of waht they say or the way that they act/behave or will have been flagged on a computer often because they share a name or something similar to a known/suspected person that the US is worried about.

Does anyone know what to do if someone does share a name with someone the US is worried about, (see my previous post on this thread)? Is there a standard protocol to approach the US Embassy etc??

The_Lambton_Worm

JayS wrote:

Does anyone know what to do if someone does share a name with someone the US is worried about, (see my previous post on this thread)? Is there a standard protocol to approach the US Embassy etc??

Yep. Just walk upto the US Embassy front door, press the bell and wait for someone to open it. Introduce yourself when they do, watch the look on their faces, laugh evilly at their face and say hello to an all inclusive three year stay on the Caribbean's largest island.

Alternatively, ring them up.

bj-sailaway

Lambton Worm, like your sense of humour! Would make a good comedy sketch!

AlanRowell, do you know people have been turned back for trivial offences committed in their youth? I can't find anyone who says this has happenned. Just Trevesta who said he was questioned, but let in. Did PM him to ask how they knew about his previous but he hasn't answered.

OK, who has been actually turned back, do we know of anyone for certain?

nelly_2

I had a conviction for drink driving which was about 5 years old when I went.

I didnt find out about this visa thing untill a week before we were due to fly. We had already paid £2400, and I was crapping myself.

Every one was saying "oh its ok" then 2 days before we were due to fly Patrick Kluivert (top international footballer) got sent back for the exact same thing, although he had applied for his visa and it had'nt come back but he flew anyway With the Barcelona team.

Anyway we had to go, we had no choice I just ticked no on the form and there was no problem, I had a machine readable passport, which I thought would have been the stumbling block but it wasnt. I have since been back with no problem.

Im not saying dont get a visa but thats my situation.

I presume the footballer sliped up because, by applying for a visa he had alerted them to his situation. And he also killed someone with his car and it was all over the media. Not sure if was on the US media though.

Just remembered a mate of mine's dad was out there working illegaly and his mum flew to visit him with only £10 spending money. She couldnt say why she was visiting obviously so they sent her back.

Err an edit to claryfy <--- (nice spell I can see its wrong but dont know why)

Both my visits were post 9/11. August 2003 and Sept 2004

bj-sailaway

Nelly, you poor thing! You must have been in a right state, better if you hadn't have known! Quite frankly, I wouldn't have had a clue if I hadn't read a listing on this site. So, you are confirming really what we all suspect, loads of people seem to be in your situation, but I haven't found one who has had a problem over an old conviction, yours is relatively recent really. Just one thing, did they fingerprint you?

nelly_2

No I wasnt fingerprinted

Being in a right state is an understatement. I was in utter pieces I tried to sell the holliday, but theres not many people can go on a 3 week holls for £2400 with less than a weeks notice. And it was a 16 hour flight ( change in toronto with 5 hour wait)
can you imagine being on that flight just to get put right back on it???

Anyway the holliday was excellent were planing on going another 2 times this year.

The feeling I get at Us customs is they are nice and polite, and not really looking for anything this small in relation to some of the people who are trying to get in and bomb them that is.

You get more questions than most other countries ie Where are you staying? whats the nature of your visit? How long?
But its a doddle

bj-sailaway

Nelly, Do you think they knew about your conviction and just ignored it, or do you think that such irrelevant crimes just aren't communicated? The whole thing has gone silly. I was really upset when I read the original post about the visa requirements. I'm surprised you weren't shaking at customs! Anyway, what luck you didn't sell the holiday afterall. You are really hooked if you are going again twice!

nelly_2

No I dont think they knew. The form says "minor traffic offences".

Mine was a simple just over the limit job. No accidents no one else involved. Although I wouldnt class it as minor.

I think the situation is this; the people in the office compiling the form are a load of lawyers and interferes and the lads on the front line are just looking out for problem people on a higher level. They ask exactly where you are staying, we put the name of the hotel down, each time, so that left no room for more questions.

They also ask how much cash you are bringing in (theres a £10 000 limit) we said about $400 and a credit card. They are looking for illegal imigrants and terrorists, not some one who got in a fight or crashed their car (they have probably done both them things themselves).

" mates of mine got extraquestioning in Sanfrancisco because they didnt have a place to stay they were only staying over night heading to Australia the next day.

They were just going to find a cheap hotel for the night, and customs didnt like this but they explained and every thing was ok in the end.

I personaly would get a visa if I had ,had the time but it was too late.

I was thinking of getting one now but I have already lied so that may trip me up, but I doubt it.

Just go, tick no, be nice and polite and show them respect and look like someone who is about to enjoy your holiday. America is an excellent country to visit.

I read on other forums that you should never talk to the customs people, but thats simply (in my case not good advice) both the people who dealt with us were happy and cheery and enjoyed the fact we were coming to visit their country. We had a laugh with both of them, the 1st time the youngish lad was dead giddy and we asked why he was so happy? He had just done the passport check for Julia Roberts and he was well chuffed. The second time there was a big kick off in the cubicle next door. Our man stuck his head around for a second , I said whats going on there? He said shes trying to get in to work illegally (from Canada) I asked how he knew? he said she has no where to stay no one to vist and about 40 dollars on her, and didnt know when she was coming back. (silly old trout didnt even plan her lies)

Baz_Bee_2

nelly wrote:

No I dont think they knew. The form says "minor traffic offences".

Mine was a simple just over the limit job. No accidents no one else involved. Although I wouldnt class it as minor.

I think the situation is this; the people in the office compiling the form are a load of lawyers and interferes and the lads on the front line are just looking out for problem people on a higher level. They ask exactly where you are staying, we put the name of the hotel down, each time, so that left no room for more questions.

They also ask how much cash you are bringing in (theres a £10 000 limit) we said about $400 and a credit card. They are looking for illegal imigrants and terrorists, not some one who got in a fight or crashed their car (they have probably done both them things themselves).

........

I'm not sure where you are referring to minor traffic offences? It is certainly not on the I-94W Visa Waiver (Green coloured) Form. The wording is as I produced in an earlier post.

Also I not sure where the reference to £10,000 ($?) comes from? As far as I am aware there is currently no limit on the amount of cash that can be taken out of the UK. Although if you are carrying that amount and UK Customs and Excise find out you may be asked some probing questions as to its origins. Also cannot recall any limit that can be taken in to US. However. I do not remember what is on the US Customs Form (the white form with blue print)that you fill in before arrival to present at US Customs as opposed to Immigration.

As I have previously stated I consider that the chances of being returned by US Immigartion for many “minor” offences is very small if at all. Indeed, I believe that the only way that the US authorities will find out about them and be able to associate them with the person facing them is if that person has let it be known by whatever means.

Cardew

Baz_Bee wrote:

I'm not sure where you are referring to minor traffic offences? It is certainly not on the I-94W Visa Waiver (Green coloured) Form. The wording is as I produced in an earlier post.

Also I not sure where the reference to £10,000 ($?) comes from? As far as I am aware there is currently no limit on the amount of cash that can be taken out of the UK. Although if you are carrying that amount and UK Customs and Excise find out you may be asked some probing questions as to its origins. Also cannot recall any limit that can be taken in to US. However. I do not remember what is on the US Customs Form (the white form with blue print)that you fill in before arrival to present at US Customs as opposed to Immigration.

As I have previously stated I consider that the chances of being returned by US Immigartion for many “minor” offences is very small if at all. Indeed, I believe that the only way that the US authorities will find out about them and be able to associate them with the person facing them is if that person has let it be known by whatever means.

Baz_Bee,
I agree with the thrust of you argument about the chances of being caught, but a couple of points on your last post.

Firstly the US Embassy regulations specifically exempt "minor traffic ofenses(sic)" but don't define these offences.

Secondly the $10,000 restriction is on the US Customs Declaration (CPB Form 6059B(08/03) - I have one in front of me.

There is much confusion over the meaning of 'Convicted' and indeed 'Moral Turpitude'. This is probably because of the differences in the US legal system and ours. Unfortunately contacting the US Embassy is no help as they refuse to discuss in writing or on the phone(at £1.50 a min) the subject; their standard reply is "If you have any doubts get a Visa"
I have little doubt that the spirit of their regulations is that they wish to know about the more serious offences that warranted an arrest. It is patently absurd that if you were arrested in a case of mistaken identity and not charged, you do not qualify for a Visa Waiver.

It is also pretty clear that US Immigration would have to have good reason to check up on an individual with the UK authorities - although I believe there is a reciprocal agreement that allows them to do so.

I have little doubt, as you say, that most of the very few who are denied entry 'volunteer' that information.