EuropeNUK

Hi,

Maybe somebody here can help me as I'm, very worried.
I am currently in the process of applying for my visa for the US so my wife and I can move back over there. I am working in the UK legally under the European Union arrangements between EU countries.
When I was a student many years ago I was held by the police for being drunk in the cells for a few hours. They let me go and I was not fined or charged with anything, and desk sergeant just gave me a verbal for being stupid. I my police certificate and it is blank showing no charges.
This was years ago now and since then I have lived and worked in Europe and Canada. I have entered the US via Canada and the Netherlands on a number of occasions on vacations and never had any problems.
I have recently been told though by a friend that the US has clamped down on the European visa waiver and if you have ever been caught speeding, arrested or detained by the police etc, even if you are not convicted or fined, then you can not use the Wisa waiver? I have not been to the US for over a year anyway so have not seen any changes if this is true?

Will the fact I have been to the US on the visa waiver in the past affect my application for my spouse visa? The last time I went there was no mention of this on the Green VW card I was given at border customs, just a question about committing acts of Moral turpitude? I have no criminal record and have never been in any other trouble?
I even declared the drunk issue to Canadian forms when I moved there and it was never raised as an issue?

I'm very confused and worried about this. If anyone could let me know if this will be a problem and I will be denied my visa to live in the US with my wife (she is a US citizen) I would be grateful.

Thanks you!

fatbrit

You're fine as described. Your "offence" did not count for the VWP. However you may need to declare it on any visa/immigrant petition where it asks if you have been arrested. Should be a non-issue, though.

Rete

How are you planning to apply for the IR-1 visa? Have you given that any consideration?

Where are you living at the moment? And a word of advice, the US is NOT Canada. They are two very separate and distinct countries and do NOT share the same type of immigration rules, regulations and/or policies.

Rete

If you are residing in the UK a few posts down from yours is another just like yours. Suggestion you give it a quick read and then go to the US Consulate website in London.

http://britishexpats.com/forum/showthread.php?t=455494

EuropeNUK

I am in the UK at the moment. My wife has recently gone back to the US to find work as her work visa for London was due to run out, so we decided she would go back to the US to sort out a house and have an income ready for when I arrive and have to wait for my work permit and she is to fly over and visit whilst we are being processed.
We have been advised to apply for the K visa route as this is quicker, and it will also give me the chance to sell our property in the UK whilst processing the paperwork.

I have had a look at the consul website and read the the visa wizard. I presume if I don't enter the US now on a visa waiver I will be ok?

Thanks

Noorah101

Don't bother with the K-3 visa. It is no longer any faster than the I-130 route, and you get to enter the USA as a PR with the Immigrant Visa (result of filing I-130). The K-3 has undergone some changes recently and in my opinion is not the best visa for immigrating to the USA.

Rene

Rete

Sorry they missed the chance for the wife to file at the USCIS at the US Consulate in London instead of leaving and now having to file in the US. Would have shaved much time off of the wait.

K visa is useless.

EuropeNUK

So can I still visit the US whilst we are processing the visa, on a tourist visa? Also will my previous entry on Visa waiver effect my application for the K visa?

Thanks

Tracym

An attorney just posted something about this on the forum.

You *can* visit on the visa waiver program while the K visa is being processed. If they decide to let you in (i.e. you can provide enough evidence of ties to your country).

He said however, if they've completed their security checks, and then you visit again, they may want to re-do the security checks which could delay things.

EuropeNUK

Thank you, I am not sure what the security checks are though? Are these performed as part of the K visa process?
Also since the London embassy says you may only enter the US if you have only received a traffic offense would my original incident as a student mean I would now have to apply for a holiday visa (even though I did not realize this before), and would the fact I travelled on the waiver, effect my K visa when I apply/interview ?

Thank you

Tracym

First off, I am certainly not a lawyer.

I'm not sure exactly what is said at the London Embassy - do you have a link?

My understanding would be that you can continue to use the visa waiver program. The VWP is not allowed for people who have committed "a crime of moral turpitude". The best definition I have ever found is something that is intrinsically wrong and harmful, not merely against statute. By being drunk, you harmed noone and were not even charged, so I would personally think the VWP is fine for you.

As part of the visa process, the FBI runs a security check. That is what I'm referring to.

It might be easier/safer to just have your wife visit you, rather than you travelling to the U.S. While it is technically possible to visit during the process, they very well might not believe you will return to the UK, and might refuse you entry.

Personally, I do not think the US govt will care in the slightest that you were drunk once. I'm sure everyone gets nervous applying for a visa, but we're trying to weed out criminals and terrorists, not students. I think it will be just fine.

I think any reasonable person in your situation would have read "crime of moral turpitude" and not thought it would apply. And I personally still don't think it applies to your situation. I cannot imagine that your having used the VWP will pose any problem.

EuropeNUK

Thank you for your response.

I found this link:

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

It says this:

"Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.
"

It does not say this on the green waiver form which is where I am now confused. Is this just a precaution on the London website to stop criminals?

I am worried that because of the above and the fact the police detained me for being drunk in the past it will screw up my application, as I have visited the US on vacation with the waiver?

Maybe a lawyer can help with this question?

Thanks

Tracym

I truly do not think this will screw up your application. You filled out the VWP form totally in good faith.

However, I know how anxiety-producing the visa application process is.

I do not really understand the difference between the Embassy site and the form. Perhaps someone else will have something to say about that. But from everything I have heard before now, you'd be eligible for the VWP.

If you would feel better about it, by all means consult a lawyer. A lawyer in the U.S. will give a consultation fairly inexpensively, that is what I would suggest - maybe just have your wife do it, or see if you could get a phone consult.

www.ailalawyer.com has a search for immigration lawyers.

Unless I'm not allowed to suggest it - Matthew Udall (immigration attorney) sometimes posts on this forum at times, he is in California and sounds knowledgeable. If I were in your situation, I'd consider seeing if he would do a phone consult. Mods - if I shouldn't say this, I'm sorry, it seems ok to me.

I truly think you will be told it's fine, but since I am no legal expert, I'm sure you'd feel reassured getting a legal opinion.

You did not knowingly violate any immigration law, you are not a criminal, and I don't believe the U.S. will have any problem with you. lol, we have students that drink too. I'm not sure we have students who DON't drink for that matter

fatbrit

Just the London embassy covering their ass and/or drumming up business. You answered the questions on the I-94W correctly -- nothing to worry about.

Tracym

I agree. London doesn't seem to agree with the other government sources.

For example, U.S. Customs and Border Protection says:

http://www.cbp.gov/xp/cgov/travel/id...94_samples.xml

"In addition to the Form I-94 requirements, the Form I-94W includes specific questions related to inadmissibility issues. If the applicant answers “Yes” to any of the questions on the reverse side of the Form I-94W, the applicant should contact the United States Embassy/Consulate in his/her country to obtain a visa prior to travel."

I am completely confident that a student being drunk is NOT a crime of moral turpitude.

Therefore, you can say no honestly to all the questions, and you are admissible.

I think the offical site trumps the embassy, imho.