Getting a VISA for USA holiday (previous criminal history)

Aubrey_Thicket

I am writing this for no other reason than trying to help other people out. Please, no personal comments on my friend. This won't help any others people out.

A VERY close friend of mine is in Orlando as we speak. However gaining a Special VISA Waiver is definitely not as easy as it once was. THE GUIDE OF 6 MONTHS IS ACCURATE. Whether you like it or not.

My friend needed a special VISA (Non immigrant VISA Waiver) because he had been in trouble with the Police previously in 1999. Here is the timeline of events:

Early September 2015 my friend tries to get an ESTA to go to Florida. He is denied because of previous criminal history. He has to make an in person visit to US embassy. The earliest time available is 16th Oct 2015. For that privilege I think the cost was £150 - £200 although I couldn't be exact.

Oct 16 2015 My friend goes to US embassy London for his appointment. After waiting 3 hours in the embassy waiting room he finally gets to see an immigration officer. After asking my friend why he wants to visit USA Within 1 minute the immigration officer ends the appointment telling my friend he must submit further documents for his VISA request. The further documents are his ACRO Police certificate. My friend leaves the embassy. Return Train fares & tube cost spent was over £150.

Oct 17 2015. My friend applies to UK Police for his criminal history certificate (ACRO). Cost is approx £40 I think.

Oct 27 2015. The police certificates arrive with my friend and he posts them back to US embassy. £10 special delivery.

Early/mid March 2016. My friend receives an Email from US embassy requesting him to send his passport. My friend sends his passport to US Embassy, London.

What I didn't mention earlier is that my friend had already (September 2015) booked & paid for a family Holiday to Orlando on 4th April 2016.

Mon 28 March 16 (only 7 days until Flight time) and my friend still hasn't received his passport back from US embassy. He and his Wife literally spent ALL week trying to contact the embassy. Emails, phone calls, letters sent by recorded delivery begging the passport and VISA return. Absolutely no joy whatsoever! THERE LITERALLY IS NO WAY OF SPEAKING TO THEM. IF YOU ARE LUCKY ENOUGH TO GET A PHONE NUMBER IT IS JUST A GENERAL ENQUIRY LINE.

Thurs 30 March 2016. Only 1 working day before the holiday and my friend and his wife are besides themselves with worry. If they don't receive an email TODAY telling them the passport & VISA can be collected TOMORROW then my friend can't travel on Monday 4th April.

Friday 31 March 2016. My friend must have the passport and VISA IN HIS HAND TODAY to be able to go on Monday. Luckily, he receives an Email from the courier company DX that he can collect the passport. My friend finally makes the Holiday.

The last month has been agony for him & his wife but all worked out well in the end.

The only reason I am writing this is to help others. If this applies to you here are some tips:

Allow 8 months AT LEAST from the date of your request for an embassy appointment because Bank holidays and weekends don't count.

If possible, have your ACRO Police certificate ready in advance of your Embassy appointment and take it to your appointment with you and give it to the advisor at your personal appointment.

Check your Email spam REGULARLY because this is where the initial messages from US embassy go.

Don't book anything until you have that VISA and if you insist on booking then book at least 9 / 12 months before so if you get refused a VISA you can cancel your holiday and not lose the whole amount.

Please. I am not looking for personal attacks on my friend such as 'He deserves it if he is a criminal' etc because that helps nobody. Ironically, even though it doesn't matter, my friend only got in trouble by beating up a guy who was battering 2 young lads. On sentencing the judge told my friend "Your intentions in defending the 2 vulnerable boys were honourable but your actions were disproportionate". Anyway that's of no consequence to this. I am simply trying to help others only.

I assume all went well with my friends entry to USA because I received a picture text today from him at Disney.

It took ma an hour to write this so I just hope it has helped somebody.

bigadaj

It's a useful wanting for many people, but also a reason not to visit the us for many, I've been several times but much of the rest of the world is more appealing and easier.

The problem here is perspective. As a national of a country are you that bothered at giving loads of hassle to someone with a criminal conviction visiting from another country, from an individual's perspective it seems unfair. The us has no provision for rehabilitation of offenders like the uk, almost the opposite with the three strikes rule.

Some might argue that it would be better if the uk had a more similar system to that in the us, but that's a separate debate.

A useful warning for others, the real problem for many is the ambiguity of things like moral turpitude in us law and whether that applies to some very low level offences.

Aubrey_Thicket

Ironically, my friend sees no problem with this law/procedure. He sort of looks at it as the price he has to pay for doing wrong, even if it was 1999. He uses this to say to his kids 'Look. Here's what happens when you break the law. It NEVER, EVER leaves you'.

wazza99

A useful post in some ways but not entirely accurate, the visa process clearly advises ALL people applying with a criminal record need an ACRO certificate.

No-one is advised to book any travel plans before getting either an ESTA or Visa.

The process doesn't take that long all the time, I know because I recently went through it. It certainly is not quick but its efficient and flows smoothly if you follow process. if I remember I was done and dusted in 2-3 months start to finish. It was all smooth and painless.


A B1/B2 visa is not to be confused with a wavier if ineligibility, if you are refused a Visa most of the time you will be put forward for the waiver, that also is a very long process at least an additional 6 months.


Also not all crimes require a Visa, only serious (CIMT), but to confuse matters the American embassy website says ALL people with criminal pasts are ADVISED to apply, note not must.


The current fees (if I recall) for the VISA is $160, ACRO £40. Plus travel costs to London/Belfast and £18 return fee for your passport.


But none the less the OP posting is a useful reminder if you get refused on ESTA do not assume getting a visa is guaranteed to be quick or easy in some cases and certainly comes at cost. On the up side if you get a VISA its usually for 10 years..( not if via waiver of ineligibility !)

wazza99

If it helps anyone, I just checked back.....timeline and costs for a b2 visa


Visa photos £7
Acro application £45 18/12/2015
Visa application £108.80 4/1/2016, after ACRO back.
Appointment at Embassy 01/02/2016
Visa/passport back via courier, no cost as DX have office in my town 06/02/2016


So just over 7 weeks start to finish, £160 for a 10 year Visa, excluding travel costs ofc, I think I paid £60 rail fare and £80 hotel.
Bear in mind atm all appointments are pre 12:00 so unless you live down South travel costs are inevitable.

danielthomark

Aubrey_Thicket wrote: »

However gaining a Special VISA Waiver is definitely not as easy as it once was.

So he had to get a waiver, then the visa? As a point if interest how long was the visa for?

HappyMJ

Mr_Wang wrote: »

Just to add.

Had your friend not clicked that he had a criminal history he would have likely been awarded the ESTA and have saved himself a whole lot of hassle.

People can spout ethics etc all day long, but the US has no access to the UK police database and having been to the States upwards of 20 times I have never once been stopped and asked about my criminal history (of which there is none anyway).

In fact, of the 45 countries I have been to only Canada has ever stopped me at the border and that was to check I had permission to travel unaccompanied with kids.

I know there are those on here who live whiter than white lives, always drive at 30mph etc but the reality is very simple. Unless you are a terrorist, a pedophile or a murderer the US won't have the slightest idea who you are.
So, for those who will now shoot this down, that's fine. But for everyone else with common sense - Just use it

I'll shoot you down... :D:D

Are you suggesting that someone with a criminal history....what....lie?

If caught they could be banned from the US forever.

Although...I would also say I did not have criminal convictions as well. Mine are very minor...dropping a fag end in public (oh I know I shouldn't), not paying TV licence and being silly enough to get caught (I didn't know you could just shut the door), being drunk in a public place (outside a pub - stupid), fare evasion on a train (for not having on me my concession card). Rubbish things really and I'm sure there a few more. Speeding, parking the car on a red line, failing to give way...driving without due care and attention. That's only what I remember.

aww...you edited your response. There was nothing bad in your response. Put a smiley face in your post and it'll be fine. What you said was true they only know about the very serious offences.

wazza99

It is probably true if you say no to the ESTA question its highly likely you will be granted, but you will have to keep up the front forever...most people wont get a job in the states, or marry an American, or want some other form of visa....but if you do your past will be brought up and you can probably kiss goodbye to any US Visa.

In this users case it does sound as though they were declined a Visa and put forward for a waiver, which takes about 6 months. These are usually granted for single entry/6 months or quite low times, each application generally sees that increased.

Mr_Wang

HappyMJ wrote: »

I'll shoot you down... :D:D

Are you suggesting that someone with a criminal history....what....lie?

If caught they could be banned from the US forever.

Although...I would also say I did not have criminal convictions as well. Mine are very minor...dropping a fag end in public (oh I know I shouldn't), not paying TV licence and being silly enough to get caught (I didn't know you could just shut the door), being drunk in a public place (outside a pub - stupid), fare evasion on a train (for not having on me my concession card). Rubbish things really and I'm sure there a few more. Speeding, parking the car on a red line, failing to give way...driving without due care and attention. That's only what I remember.

aww...you edited your response. There was nothing bad in your response. Put a smiley face in your post and it'll be fine. What you said was true they only know about the very serious offences.

I don't see how you could 'get caught' as you say.

More importantly... Can you really just shut the door

danielthomark

HappyMJ wrote: »

There was nothing bad in your response.

I think it was because he was advocating immigration fraud, kind of like posting shoplifting ideas on the Quick! Grabbit while you can board.

Its interesting that currently the US and Canada are sharing criminal history at the Border, something I can see becoming more widespread in the coming years. They only have to ask whether you have been arrested at arrivals, if you lie, even if that arrest was not involving CiMTs, or drugs etc you are bang to rights on the next plane home.

danielthomark

Mr_Wang wrote: »

No, it was because I remembered this forum is filled with sanctimonious individuals like yourself and that anyone with an ounce of common sense wouldn't need me to write what I did anyway.

So committing immigration fraud = common sense ?

I take the opposite view.