ireallywannago

Conviction- obtaining property by deception. (Ashamed to say it, it was theft from my employer)
Date- October 2002
Sentence- 6months
Served- 6weeks
1st ever conviction and only 1
I'm a UK citizen born in UK, I have a UK passport which was my first one in 2008.


Hi all, I was wondering if you could all give me some advice or help on my current situation.

I applied for my esta back in July 2013 as me and the wife were think about taking the kids (17&12) to florida next year, I thought, well I'll try to see if I can get an Esta, but because of my previous conviction I wasn't holding out much hope (at the time I thought the US and UK shared everything about convictions, so they would know about mine and that it was spent) So I done my esta and said NO to the question regarding convictions as mine was spent and had been for the last 4 years. My esta came back with an Authroised to travel straightaway, so me and the wife started looking on how to plan a holiday to florida and looking to see if we could afford it as we've been saving for our first house to buy, but we've never been abroad as a family (we did go to euro disney in 2008, but don't class that as abroad as we went on the Eurostar) and we were getting a bit peeved at other people that we know who don't work but they tend to go away 2-3 time a year, even if it is just to Spain/Greece or Turkey, so we thought, balls to it, we're going to go. So we have everything planned and we know where and how much everything was going to cost, villa, plane tickets, car hire, park tickets, travel insurance etc. So we do all the Esta's for the wife, kids and sister in law as she decided that she wouldn't mind coming with us, we then tell the kids were going to go in September 2014. We have given ourselves a year because when we were reading up on it, it was saying thy there's a lot of planning involved so we thought that we would give ourselves a year.

We seen the plane prices were affordable so we booked our flights, and thought, as long as they are booked we can do the rest in stages, we put a deposit down for the villa, and then the mad planning went into overdrive lol. All going good so far. (Or so I thought)

One day I was in work, And after talking to a customer in work, (who comes in regularly) we got chatting about florida, and I explain how I had booked my flights, and how he was explaining that his family were thinking of going aswel. But one day he came and we were chatting about florida, again! and he was explaining that he had found out, because he previously had an altercation with one of the stewards in a football match and had been arrested (about 6 years ago I think he said), he had to plan to go an see the embassy in London, to see if they would let him go, I didn't explain about my conviction but was fishing for more info, and he was explaining that ANYONE who had been arrested had to do the same!!!!

So I go home and look more into it online and to my horror I read that the rehabilitation act does not apply to the US, oh my god, panic sets in so I explain to the wife and we are panicking. So the next day I email the CBP esta office explaining that I said no to the question about convictions as mine is spent and I thought I didn't have to declare it, but since then I've read that I should have said yes, I then asked if I should leave the esta as it was and explain at my visa interview, or could I change the answer to that question so I get a refusal? After 5 days I had an email saying that I can reapply for an esta changing that question. In the mean time I email the embassy asking if it was worth applying for a b2 visa, I explained everything about my conviction, i was expecting an email back saying a point blank NO, as I've read a lot online and it nothing seemed positive, but I had an email saying that I can apply for a visa and only the consular on the day can decide, as it's all on individual circumstances and then if I get refused I can be put for a waiver for ineligibility, which could take up to 6 months.

Here's what I've done so far to help my case,
Got copies of my bank statements for the last 6 months,
Copy of my kids birth certificates,
Copy of our flight times, in and out
Copy of my Esta authorising me for travel and the one not approval for travel,
Copy of emails between me and the villa owner explaining about dates and explaining about my deposit I've sent,
I've sent off for my acro certificate
I've got a copy of my certificate of conviction from the court.
Done my visa photos ready,
Just waiting for my ACRO report to come back before I can go any further with anything online.

So as I've booked my flight and paid a deposit on my villa, I think the only option is to apply or the B2 visa, I've got to at least apply, otherwise I would always be thinking, what if! If I apply and get refused, then at least I can say I applied. (I'm not holding out much hope)
Yes I will be devastated, but I'd rather go through the proper channels.

I never knew this could be soooo stressful,

I was just wondering if there's anything else that could also help me or if anyone can give me some info.

Any help or advice would be grateful

Thanks
Mark.

ian-mstm

What was the maximum sentence that you could have received had they decided to throw the book at you? That is what US immigration will use to make their decision.


He's wrong.


That is your only option. Theft is a CIMT - and if you have a conviction for a CIMT, you are not eligible to travel on the VWP.


Don't take the ESTA printouts with you! It will demonstrate only that you lied (whether inadvertent or not) before you told the truth. Not good!

From what you've written, and considering your conviction is 11 years old, I think your chances are quite good for getting the visa.

Ian

crg

It's likely that a waiver is required and also likely that it will be approved considering how much time has passed.

ireallywannago

I'm not quite sure what the maximum sentence is?

About the Esta's. Won't they know that I've done them and think I'm being sneaky not taking them? Should I take them with me to florida if I am granted a visa? Will the cbp people think the same and refuse me entry?

Thanks for replying, as it's all just worrying, I think the only time I will stop worrying if I'm granted a visa is when I'm in the hire care on the way to the villa

Noorah101

Even if they know, it's OK. You are there for a B-2 visa. You're doing the right thing now, so it doesn't matter that you have 2 prior ESTA applications.

No.

No.

Rene

ireallywannago

Thank you Rene, I know it's not over until I've been for my interview, but that is the first promising thing I've heard and feels as though a weight has been lifted, even tho it's not over yet. Is there anything else you can think of that I need to take to help my case?

Noorah101

Pretty much the only things you need are the police report, court records, and maybe proof of upcoming travel. And of course the visa application.

Rene

ian-mstm

I'd be very surprised if they know! But, as Rene notes, even if they do, they won't care and it won't matter. Don't take the printouts.


Definitely not, no.


They won't know or care - you will have a valid visa!


I know it's hard not to worry, but the long-time members of this forum have seen many, many similar cases... and the overwhelming majority of those get the visa and have a great holiday! I'm confident you will too.

Ian

ireallywannago

Thanks for the reply Ian, i really appreciate you replying.

I will reply back soon, when i have received my ACRO report back and keep you all informed on when my interview is and how that goes.

Once again, thanks very much for all your help, i think this is the first sign of positivity ive had.

Thanks
Mark.

civilservant

It got lost in the wall of text, but what are your actual travel dates? You need to be aware that waivers were taking 6 months to process - and that was a) from the interview and b) before the shutdown - which might have extended that timeframe.

ireallywannago

My travel dates are leaving 30tg September 2014 and coming back on 14th October 2014

civilservant

No problem then

ireallywannago

I hope

ireallywannago

Right got my acro report back, but it's got my convictions listed, even tho they are spent? I thought it would have come back with no live trace, or do they list them because it's for a visa, or do the report have nothing to do with them being spent?
So when I go for my interview at the embassy, should I take both, my acro report and my certificate of conviction from the court, or just the police acro report?

Thanks
Mark.

Noorah101

It doesn't really matter what's listed on the ACRO, you have to report all convictions anyway. Bring all the evidence you have...ACRO, certificate of conviction, court records, and whatever you have that shows it was resolved.

Rene