USA visa

welliewearer

Hello All,

After following this site for a while, I am finally braving it and registered to post. I need help and you guys seem to know everything. Please be gentle......

Years ago, when my BF was in his late teens, his parents used an agent who arranged a US visa which allowed him to work in the USA. It ended up being a dodgy visa, and poor BF ended up in trouble with US immigration and he was asked to leave but was not deported. That was over 10 years ago.

Then 2 years ago, we went to the USA for our Christmas holidays, and at the immigration desk, they asked him a few questions and put his passport in a red file and we ended up in a waiting room for an hour. When he was interviewed they asked some personal/occupational questions and that was it. We were allowed entry and enjoyed our American holiday. Recently close family have moved there and we want to visit later this year, but don't want any hassle at the airport esp. with all the paranoia (justified) now. We are also considering tying the knot over there.

Due to his past circumstances, should he apply for a US visa prior to going? Would they just reject him for a visa if he ticks that he once had problems with immigration?

Please help if anyone has any idea about how these things work. Thank you.

mystic_trev

This question has been asked several times on this board see
http://forums.moneysavingexpert.com/showthread.html?t=70621 as an example - Hope it helps!!!!

PS Sorry I'm not implying your BF a Criminal - but it's on the same theme as Visa requirement!!!

See also http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

telly-addict

To answer your query, I would suggest that if they let him in under the terms of the visa waiver scheme a couple of years ago, then assuming nothing has changed, he should be able to get in again.

This is on the basis that nothing has changed, for example he hasn't acquired a criminal record or anything else that prevents a person from using the visa waiver scheme.

As he had the difficulty with the visa before, his name is seemingly on the computer, hence the prolonged enquiries at your last visit. No doubt it will remain so and he could have the same rigmarole on your next visit. It could be worse, what with the increased powers of the Dept of Homeland Security etc.

If it were me, an eternal pessimist, I would contact the US embassy here, to see if they can give you any advice. I suspect you will draw a blank with them directing you to the requirements of the Visa Waiver Scheme etc.

Worse case scenario is that he applies for a visa and doesn't get it. But that could be unlikely, as they have let him in the country subsequently.

If he fails to say, however on the Visa Waiver Form that he has had immigration difficulties before, then that is going to get him into trouble, as US immigration will know that to be false. Always a bad start.

Your options: do nothing, use the visa waiver scheme to get in. (Which airport did he use last time, which this time? Could make a difference re attitudes....)
Spend £60 to get a visa they can't really reject him for, and which should guarantee him 'easy' entry. Do they still last for 10 years? Could save a lot of hassle in the long run. Need to get it organised early though....

Hope that is of some help!