US Visa help

LisaB1970

Hi everyone. Hubby and I are travelling to the US in September.
We found out that to be eligible for the visa waiver program you cannot have ever been arrested even if you have never been charged.
Hubby has, around 10 years ago, nothing that would be deemed serious though it was all rather silly!
So we have applied for a Visa online, then discovered you have to get a police report! We've sent for that, but are unsure of the next steps. Has anyone had to do this? Would appreciate your advice.

Thank you

jonesMUFCforever

I think you were mis-informed but it is too late now.
Look at the ESTA application.

danielthomark

I know you were misinformed.

Currently only certain arrests/convictions make you unable to use the VWP.

Depending what the arrest / conviction was for will let us (guess) if he will be able to travel in September.

Bad things are drugs/theft/fraud/some serious assaults to name a few common ones.

LisaB1970

I did, and it says "Our advice is that if you have ever been arrested, cautioned or convicted you apply for a visa"
We are going to Vegas and this is a trip of a lifetime so are not willing to take any risks

LisaB1970

danielthomark wrote: »

I know you were misinformed.

Currently only certain arrests/convictions make you unable to use the VWP.

As we don't know what the arrest was for, or of it went to court, no-one can help you to any extent.

Depending what the arrest / conviction was for will let us (guess) if he will be able to travel in September.

There were a couple, one was a drink driving offence 15 years ago ( before I met him and he learned his lesson!), and one was for allged harrassment to his ex wife after she stopped him seeing his child, which was also 15 years ago. Both went to court, he got banned from driving and a fine, and the second was a fine.He hasnt been in trouble since.

danielthomark

One simple dui is of no concern and you can use the VWP.

I take it the second was section 1 harassment, in which case you could still have used the VWP - harassment with threats or in violation of a court order has been found to be moral turpitude.

Advice on the embassies website is wrong, they don't run the system.

Next step you will need an ACRO Subject Access Request

You are in the system now, so are pretty much stuck. One option would be to write to CBP (who run the system) and get there take on this. They could state you are ok to travel.

(If he ever wanted to go to Canada, apply now, as it could take months for a decision on that one)

LisaB1970

danielthomark wrote: »

One dui is of no concern and you can use the VWP

I take it the second was section 1 harassment, in which case you could still have used the VWP - harassment with threats or in violation of a court order has been found to be moral turpitude.

Advice on the embassies website is wrong, they don't run the system.

Next step you will need an ACRO Subject Access Request

You are in the system now, so are pretty much stuck. One option would be to write to CBP (who run the system) and get there take on this. They could state you are ok to travel.

Thank you. What is the CBP? Sorry I dont know lol

mgdavid

CBP = (US) Customs and Border Protection

google is your friend...

LisaB1970

thanks very much :D

wazza99

As you've found the Embassy website doesn't tally with the ESTA website....as mentioned now you've applied your in the system and known, a withdrawal may well go down as a visa refusal as there are only two outcomes to a visa app, refused or accepted. Have you actually submitted your application ? If you have....

Apply for the ACRO cert £45, go to the embassy and no doubt you will be approved for a 10 year B2 visa. I have had two now due to a past indiscretion 17 years ago, other than the cost the process is all very simple, if not slightly worrying.

At least if you walk away with the visa you'll stop worrying about the what if scenario and can hopefully enjoy 10 years of travel.

If you want anymore details of the visa process or what to expect PM me and i'll advise as it was only a few months i did the whole thing.

wazza99

Ps...just noticed you mention September ! don't want to worry you unduly but that only 3 months away, appointments at the London embassy are not in great supply !

You need to either get one booked asap or look perhaps at Belfast.