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

nelly_2

Yeah I was on about getting in the Usa with the money not leaving England.

Heres the cash bit;

http://www.usembassy.org.uk/ukcust1.html#money

And heres the bit about minor traffic offences , in the left hand column it says dept. of state look 3 inches down and it starts with;

Note: Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified.


http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

So I am completely correct and demand a full appology in writing please

Baz_Bee_2

Cardew wrote:

Baz_Bee,
.........................

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.

.........

QUOTE]

Thanks for the info on the 10K, as I said I could not recall what the US Customs requirements were.

With regards to “Moral Turpitude”, I did post a link to the US legal definition of this rather quaint phrase:

(http://www.uslegalforms.com/lawdige...L_TURPITUDE.htm)

In my view if you stick to the legal; definition then most, if not all minor cases fall outside this definition. If you had not looked at the US Embassy siter before travelling and relied upon the I-94W then you could correctly tick the NO box had you been arrested and/or convicted of many minor offences. Additionally, the further words in Para B on the reverse of I-94W refer to:

“ ..... two or more offences for which the aggregate sentence to confinement was five years or more; ...... ”

Why bother putting this supplementary information to amplify the definition, if the requirement to disclose applies to any arrest and/or conviction?.

I still believe that the advice on the US Embassy site is an attempt at gathering information and intelligence about anyone and everyone in a rather discrete way without them knowing. After all, if even the most minor indiscretion is to be a bar to using the Visa Waiver scheme then why not just blandly ask on the I-94W whether you have ever been arrested and/or convicted?

nelly_2

Does anyone know if you need just one visa or do they need renewing each time?

bj-sailaway

I think they last 5 years, but why would you bother?

Baz_Bee_2

nelly wrote:

Does anyone know if you need just one visa or do they need renewing each time?

It depends upon how the Embassy feel when they issue them. However, generally they last the life of your passport. So, if you only have a short period left on your passport it may be worthwhile renewing it. But, you may then fall foul of any new rules when biometric passports are introduced.

Cardew

Baz_Bee,
The wording on the I94W and the Embassy website are totally confusing and can be interpreted any way you want.

Who the hell knows what moral turpitude means?(your link doesn't work) Well I was educated proper like and I ain't got a clue. Bear in mind that this form is used by most Europeans who ain't got the benefit of me own classical English education and dont speak the language as well as what I does!!

I think the lack of clarification on this subject from the US Embassy has a simple explanation. There are many thousands who apply for a Visa at £60 a time and it raises a lot of revenue. Or is that being cynical?

Although they can be for a shorter period, most visitor's Visas are now for 10 years regardless of the unexpired time left on your pasport.

It is also worth noting that the new biometric passports will be required for entry to the USA from this October - unless it is postponed again.(this is for new issue passprts only - your old ones are valid until they expire.) So if you only have a short time left on your passport it may be worth renewing it now. You can renew it with a year left(or 6 months? - not sure) and not lose any time i.e. it will run for 11 years.

Baz_Bee_2

Not sure why link does not work. Try this:

http://www.uslegalforms.com/lawdigest/legal-definitions.php/US/US-MORAL_TURPITUDE.htm


If that does not work then the US Legal Definition is as follows:

---

Moral Turpitude Law and Legal Definition

---

Moral turpitude refers generally to conduct that shocks the public conscience. Offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude.
Moral turpitude may be a reason for deporting an alien.The alien must be convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer. Although the conviction must occur within five years of entry, any entry into the United States may be used to support the charge of deportability.

scotch

Folks
Please don't get bogged down with definitions,the US Embassy web site is pretty clear.

1.Any person who has been arrested is not eligible for the visa waiver program and needs to apply for a non immigrant visa.

http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm


2. Any person who has been arrested and convicted of an offence needs to apply for special restricted visa.

http://www.usembassy.org.uk/cons_web/visa/niv/add_req.htm

3.Any person with minor traffic offenses can travel on the visa waiver program as long as you were not arrested and/or convicted(this appears to relate to parking tickets/fixed penalty tickets where the offence you are alledged to have committed did not result in your arrest and /or conviction in a court of law)

4.The Rehabilitation of offenders act does not apply to US visa law.There is no time limit.

I work near the US embassy i will try and speak to someone who works in the Visa department to clear up any ambiguities.

At the end of the day we are all adults and free to make choices ,however be prepared to live with the consequences.

ali_B_9

If you have a visa do you still have to fill out the waiver form on the plane

scotch

scotch wrote:

Folks

1.Any person who has been arrested is not eligible for the visa waiver program and needs to apply for a non immigrant visa.

http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm


2. Any person who has been arrested and convicted of an offence needs to apply for special restricted visa.

http://www.usembassy.org.uk/cons_web/visa/niv/add_req.htm

3.Any person with minor traffic offenses can travel on the visa waiver program as long as you were not arrested and/or convicted(this appears to relate to parking tickets/fixed penalty tickets where the offence you are alledged to have committed did not result in your arrest and /or conviction in a court of law)

4.The Rehabilitation of offenders act does not apply to US visa law.There is no time limit.

I managed to speak face to face to very helpful member of the visa section.

The above is what you need to know and is correct.

He said he deals with people who have been refused entry on landing in the US and returned to the UK on a daily basis,some people turn up with their suitcases in the misguided attempt at obtaining a visa.

He states if there is any doubt to you requiring a visa you should apply for one.

They understand that people do enter on the visa waiver who are not entitled to do so .

If a "genuine" mistake was made in not applying for a visa on a previous visit and you decide to then apply for a visa for a future visit you should get the visa as long as you are able to convice them of a "genuine" mistake.

They are not that concerned in offences that happened years ago and are of a non serious nature and seem not to be concerned of mum,dad,and the kids going on a two week holiday.

There seems to be a system of swapping information in place between the authorities.

If there are any further queries let me know and i'll try and clear them up.

Finally the safest policy is to spend £60-£70 ,spend a day in London and get a visa and i accept no responsibility for any problems encountered as a result of this post.

Hope this clears things up.