Wgtdyer

Hi guys, I'll try keep this short and sweet as possible.

Basically I want to travel to the USA Orlando and I have a 2/3 year old criminal conviction of Fraud Of Mispresentation which I served 2 months inside prison. (Naughty I know...)

I hav done a lot of research into us visa interviews and I am looking obviously to get denied but I know the officers can hand out a waiver of ineligibility which takes so long.

All I wanted to know or at least get an idea of do they always hand of waiver of ineligibility in this instance of denial due to previous crimes of moral turpitude?

And if I get given a waiver do they usually get accepted unless your part of the jihad etc as I'm guessing the homeland do more background checks.

Sorry for the story time.
Thanks
William

Wintersong

There's a huge long thread on the waiver of ineligibility here - http://britishexpats.com/forum/us-im...cation-713051/ - that may be helpful to you

Shirtback

Do you mean "fraud *by* misrepresentation"?

An actual custodial sentence doesn't help your case, nor does the fact that it's very recent.

As to whether you'd be recommended for a waiver, and whether it would be granted, no one here can tell you.

A general - & non-scientific - survey of the long-running thread here on the subject seems to indicate that most people recommended for a waiver eventually succeed & get a visa.

Wgtdyer

Fraud by false misrepresentation sorry

Thankyou winter

I know wouldn't get an definite answer about if I get a waiver just thought I'd ask to get an idea of chances, just hope it is offered

Pulaski

There's a chance, who knows how great, but in your shoes, I'd apply now. If you apply and are rejected I'd wait another three years.

The only thing that is certain is that if you don't apply you won't get a visa.

civilservant

On;y 2-3 years old? Personally I don't think you have a prayer - especially not with a custodial term. Was it your first offense or is there more in the past?

Pulaski

As opposed to ... fraud by real misrepresentation?

scrubbedexpat099

It is fresh and they look at what you could have served.

If the Consulate recommends then usually you are good to go, I have seen 2 which were not approved by HO, but neither involved London.

Wgtdyer

First and only offence, what you mean by that boiler?

scrubbedexpat099

Which bit?

civilservant

He means that it was a VERY recent offense, and immigration don't care what you were sentenced to - only what you could have been sentenced to if they had thrown the book at you.

When you apply for the visa you will certainly be denied. If they recommend a waiver it goes to head office for a decision. Usually they go with the recommendation, but not always.

crg

Actually, for CIMT, Immigration cares about the max possible sentence, custodial sentence and even suspended sentence. It's factored into the determination and the decision.

For example:
Max sentence possible of > 1 year= inadmissible

Max sentence possible of 1 yr or less and 0 to 6 months (suspended or imposed) = admissible

Max sentence possible of 1yr or less but sentence of more than 6 months (suspended or imposed) = inadmissible

I agree that this conviction may be too fresh to expect an approved waiver. They may want 3 years with no issues after release from custody and any parole or probation in order to show rehabilitation. If they do, even the Consular Officer's recommendation may not lead to the required DHS concurrence.