paul1963

Evening all, it's been a while since I was last on here and I just wondered if any of the ESTA rules have eased in the past 10 months or have they become more stringent.

What I mean by this is some of you may recall my wish to go to the US next year for a two week holiday but due to the fact that I have a crime of MT it was unlikely that an ESTA application would be granted due to the fact that any application at the time would be deemed too recent to the crime taking place in 2007.

A couple of very helpful members on here advised me to try after 3 years provided no further crimes have been committed and next year, 2010 ,will be the 3 years so the reason for my post is to ask if this 3 year gap is something that the US immigration still have the door ajar on or have things changed for the worse since I was inquired on here last year?

Thanks in advance.

ian-mstm

Nope.

Ian

crg

The 3 years of no problems increases the chances of getting a visa. It's not relevant to ESTA. If you have a CIMT conviction, you most likely need a visa.

meauxna

paul, I think you have mistakenly written "ESTA" in place of "visa". You seemed to understand after your last threads that you needed to apply for a B-2 visa to visit the US, and that you may be required to apply for a waiver in order to get the visa.

You can access your past posts by clicking on your username to the left.

Have you ordered your ACPO report yet? If you do still plan to come to the US in the spring, you had better get moving on this, waiver applications take time, should it come to that.

paul1963

Thankyou for your replies. Meauxna you are correct I did mistakenly write ESTA instead of visa.

So to get things straight in my head let's assume my ESTA application will be turned down, I apply for the ACPO first then based on what it says I then apply for the B-2 visa and only then do Imake an appointment with the US Embassy?

You have all been very helpful it's just the process I need clarifying based on a refused ESTA, what steps come next an in which order.

Finally Im not sure how true this is but I have been told that proving it's only a two week hoilday and being able to name hotels and internal flight numbers/times (A full holiday itenary if you like) can also sometimes help one's cause, however I am sure that if this is incorrect this forum is the place to be put exactly in the picture.

Thanks again.

meauxna

Paul, remove ESTA from your vocabulary.. you are never going to use the VWP again. ESTA is only for the VWP.

You will always have to get a visa. You don't have to declare the denied ESTA.

What you mean is, assume your VISA application is DENIED (not turned down).
You will need to present that ACPO *at* your VISA interview. Your B-2 VISA interview.
That visa may be denied.

THEN the consul will tell you if you are eligible to apply for a waiver.

IF you have had a legal consultation prior to the interview AND you've determined that you are very likely to need a waiver, you can have it prepared in advance, and the officer may take it then and there.
If not, you go away, prepare your waiver application and turn it in. And then you wait. Possibly a couple/few months. Then you go back for a decision on the waiver, and if it is granted, the visa can be issued.


Forget about ESTA, remove it from your vocabulary.

paul1963

Thanks again Meauxma, so am I correct in saying that it is the ACPO application first of all and once I have that in my possession I arrange the interview?

I do have petty offences from many years ago too, I believe the ACPO could possibly refer to theses as NO TRACE. If it turns out to be the case to US immigration leave it at that or insist on delving further? I have read conflicting articles on this over the summer, one said a NO TRACE is deemed as an offence committed anyway they don't have to know the details, another said a NO TRACE is left as just that and no further questions are asked, whilst a third stated that when a NO TRACE is on any ACPO they insist on further information.

Yes I know I read to much online stuff and should just come to those who have first hand knowledge ike many of you on here

meauxna

I'd recommend that you re-read your previous threads, which are very data-rich, and maybe make yourself a flowchart.

The ACPO is not an application, it is your police report. You will need this for your visa application. From what you've written before, I think it should say NO LIVE TRACE.

Review the visa application form if you like; you must declare all arrests, convictions etc that it asks for, regardless of what your police report says.


When you have your ACPO, set a visa appointment. Note that you'll have an additional form to complete (the V form) beyond the visa application.

I think it would really be worth the $100-$200 you would spend on a consultation with an attorney before you go for your visa interview. You can do this by phone or email if you prefer.

meauxna

Please also read this page and all the links on its right hand side.

B-2 Visa (Holiday visa)


Additional Administrative Processing : Criminal Convictions
Applying for the visa

You are required to schedule an appointment for an interview with a U.S. Consular Officer.

Applicants applying for visas in London are required to request an appointment with the Visa Coordination Officer to allow sufficient time for their case to be reviewed, as their application will be subject to greater scrutiny. Applicants with criminal histories who do not request an appoitment with the Visa Coordination Officer may be required to return to the Embassy at a later date if there is insufficient time to evaluate their case.

When applying for a visa you are required to submit with your application the following additional documents:

* a completed personal data sheet, Form VCU1 (PDF 64Kb);
* A police certificate from the ACPO issued less than 6 months before your visa interview;
* copies of the court record(s) covering all charges of which you have been convicted, or which are presently pending against you, if relevant. (Required if you have a conviction outside the United Kingdom or your ACPO states "No Trace" or "No Live Trace" or does not list in full your arrests/convictions/cautions).

paul1963

Thanks again meauxma I think I am clear on that now but I can't quite understand why any person would want to list all convictions if they are not on the ACPO. Yes I agree those with no live trace I would have to match up when listing my convictions but let's just say if there are for example 2 conviction's that are not even on the ACPO, not even under no live trace, why would I want to mention them?

crg

What someone wants to do is not relevant so there is no reason to wonder why someone would want to do something.

First of all, failing to list them all could be considered immigration fraud.

The dates of the offenses, number of offenses, and the sentences are all factored into their decision to either grant the visa without requiring the waiver, or to grant a waiver.

If they approve a visa without a waiver or approve a waiver based on an erroneous or incomplete application then the visa or the waiver may be fraudulently obtained.

If they discover this, the person could have a serious problem going to the US ever again, could be removed from the US at the border or after entry, or could be denied immigration benefits in the future.

meauxna

Why would you want to mention items that are requested facts, even if they do not show up on a police report?

I suppose it's a fair question, it comes up here enough. The reason is because when you sign the application, you swear you are giving a true statement.
The penalties for lying to a Consular Officer over a material fact are generally worse than the consequences you'd face for the original items themselves.

Once you're caught lying, your credibility is shot.
You also don't know what information they have access to from different sources.

ian-mstm

You might want to start spelling her name correctly... as a courtesy, if nothing else!

Ian

paul1963

Appreciate your reply crg, as informative as ever too.

I see what you are saying and I want to adhere to what the laws are and having been to Chicago and DC twice before on my own, being able to take my girlfriend for the first time would mean a great deal to me so I am not going to cut corners here which would result in the trip being over before it even started.

There is one further matter I would like to ask you crg with regards to what you have said above. None of my previous convictions were for crimes of MT, just the last one in 2007 so would it not be some what unfair of US immigration to use all of the information they require like dates of the offenses, number of offenses, and what the sentences are when all but one are not crimes of MT?

paul1963

Apologies meauxna