JumboCat

Hi All

I'm in the process of applying for a B2 Tourism Visa to USA. I have some simple questions, but will explain my circumstances first…

Back in 1995 I was arrested for a public order offence (using threatening words). I went to court, pleaded guilty, paid the fine and court cost (£130 back then). This has been my only offence.

I applied for my ACPO before Christmas - it came back with NO LIVE TRACE.

Yesterday I completed the online 'DS-160 Visa Form' - everything went through OK.

I have also completed the 'personal data form VCU1' form, which outlines my conviction dates court appearance, plea and penalty etc.

QUESTION: Do I need a Memorandum of Conviction too?
It doesn't mention an MoC here http://london.usembassy.gov/add_crime.html

Would having one be useful?

I called the Embassy this morning to pay my MRV and schedule an appointment. The 'Operator Assisted Visa' guy said I need to email scanned copies ACPO and VCU1 before I can make an appointment.

Since the call I've had no confirmation email telling me where to send these items. Is there a processing delay or should I call back because the confirmation MRV email hasn't arrived either? Should I wait a few days?

Thanks

JC

Noorah101

I'm just curious, is a "public order offence (using threatening words) a CIMT? It doesn't sound like in to my layman's opinion, but I could be wrong. Can you just verify?

Rene

JumboCat

Thanks for your quick response

The full wording for such a public order offence is [using threatening, abusive, insulting words or behaviour, W/I to cause fear or provocation of violence]

If you knew me you would find it hard to believe I could do such a thing!

JC

Noorah101

So is it a CIMT, and that's why you're not using the VWP?

Rene

JumboCat

My offence is categorised in Offence Group C, which is the lowest UK category.

Question: Do I need a Memorandum of Conviction?

Is swearing at another person CIMT? There was no violence involved and this was nearly 18 years ago...

Are my chances low if this is classed as CIMT?

JC

Noorah101

The reason I was asking, is that if your crime is a CIMT, then you did the right thing by applying for the B visa. Sorry, I don't know if you need a MOC, but I don't see it mentioned very often, so my guess is not.

If your crime was NOT a CIMT, then you didn't need to apply for a B visa, and if you ARE eligible to travel on the VWP, then your B visa will most likely be denied, which will in turn cause your ESTA to be denied for some time (roughly 6 to 12 months).

I'm sure others will chime in shortly.

Rene

JumboCat

My gut feeling is I do need a B2.

Thanks for your help Noorah.

JC

Ray

for that minor offence ..I doubt it

the law changed on that offence recently

http://www.theweek.co.uk/uk-news/510...-reformed-last

fatbrit

Mine is that you don't. Ignore the wording at the embassy's website -- it's empire building rather than the law.

materialcontroller

I suggest that you do not need a B2. It's certainly an option, but probably not the most appropriate one for you.

Too late to fix that now though.

The MOC would certainly be useful in establishing the exact particulars of your case. As far as scanning your supporting documents goes, give the embassy a bit of time. They'll send you an email pretty soon which will tell you the address to forward your scanned paperwork to.

JumboCat

Really useful - thanks for your help

I could say I so wished I asked for advice before... Best to be sure though...

Thanks

JC

Noorah101

No problem, you haven't yet turned anything in to book your visa appointment, right?

So just don't, and apply for ESTA instead.....

Rene

materialcontroller

By the looks of things, the OP has already paid the MRV fee and thus began the process:

Noorah101

I couldn't tell from his post. He called to pay, but he didn't say whether he actually paid or not. What if he just doesn't return the requested items, and therefore never gets an appointment? Would that be considered a visa denial?

Rene

materialcontroller

I'm assuming he's paid for the visa, because he mentions not receiving the confirmation. I have no idea if abandoning the process at this stage, without forwarding documents or scheduling an appointment, would constitute a denial or not.

To be honest, after paying the MRV fee, which is a not inconsiderable amount of money, I would suggest the OP continues with the visa application. After all, there is a criminal past involved, and the OP genuinely believed they were ineligible for the VWP.