Advice on when to apply for a B-2 visa
May 30th 2010, 2:47 pm
#46
Joined: Mar 2003
Posts: 68,280
Re: Advice on when to apply for a B-2 visa
Sec 1 of the theft act
A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.
Just because a Magistrates court cannot give our imprisoment for more than 6 months ...
That does not mean that is the maximum for that offence
A person guilty of theft shall on conviction on indictment be liable to imprisonment for a term not exceeding seven years.
Just because a Magistrates court cannot give our imprisoment for more than 6 months ...
That does not mean that is the maximum for that offence
May 31st 2010, 4:03 am
#47
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Re: Advice on when to apply for a B-2 visa
Hi Ray I fully understand where you are coming from however when I put the question of how can a person sentenced in a magistrates court for petty theft be jugded the equal of an armed robber, this is when he hit on the part stated in wiki:
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
He concentrated on the word discretion and said it will always play a part in any visa application made by a person with a criminal record.
Another fact I want to point out is it was not I who chose the magistrate court route, it was the magistrates who on hearing the opening charge then decide to whether it is something that can be dealt with by them. They always have the option of referring it to a crown court should the charge be deemed serious enough, clearly in my case it wasn't, they obviously decided that a magistrate courts sentencing powers were sufficient.
Can I also point out something else. Many of you appear to be offended by my visit in 2002 and pointed out that it was immigration fraud. That to me suggests that you seem to feel that I was fully aware of what I was doing when the truth is, No I didn't.
Look in the late 90's I developed a gambling problem that took a hold of my life, it explains why I got into trouble in the late 90's and early 2000's, I turned to petty crime to feed my addiction. As I have said I always wanted to return to Chicago after living there for 4 months as an 11 year old, if it wasn't for the gambling I could have done so many a time. In 2002 I won £3,700 betting on various outcomes of football matches during the World Cup held in Japan. Suddenly I found myself with money that if I did not do something with it would be gone in 2 weeks, I would have lost it all again, I was that hooked, so out of nowhere without any planning I found myself with the funds to finally live out my ambition.
I booked a flight and went to the States 3 days later, it was my first trip abroad for over 10 years but was I up to date with immigration laws and all that type of thing? No I wasn't, the first moment of realisation came three quarters of the way through the flight when they came around with the forms that we had to fill in. Now what would any naive person do 35,000 feet up and 2 hours from Chicago? I wasn't expecting it, I froze and just filled the form out ticking a no when it came to the big question. It was wrong I know but I said no in fear rather than dishonesty.
Im am pleased to say that I am gambling free now and have been for 7 years.
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
He concentrated on the word discretion and said it will always play a part in any visa application made by a person with a criminal record.
Another fact I want to point out is it was not I who chose the magistrate court route, it was the magistrates who on hearing the opening charge then decide to whether it is something that can be dealt with by them. They always have the option of referring it to a crown court should the charge be deemed serious enough, clearly in my case it wasn't, they obviously decided that a magistrate courts sentencing powers were sufficient.
Can I also point out something else. Many of you appear to be offended by my visit in 2002 and pointed out that it was immigration fraud. That to me suggests that you seem to feel that I was fully aware of what I was doing when the truth is, No I didn't.
Look in the late 90's I developed a gambling problem that took a hold of my life, it explains why I got into trouble in the late 90's and early 2000's, I turned to petty crime to feed my addiction. As I have said I always wanted to return to Chicago after living there for 4 months as an 11 year old, if it wasn't for the gambling I could have done so many a time. In 2002 I won £3,700 betting on various outcomes of football matches during the World Cup held in Japan. Suddenly I found myself with money that if I did not do something with it would be gone in 2 weeks, I would have lost it all again, I was that hooked, so out of nowhere without any planning I found myself with the funds to finally live out my ambition.
I booked a flight and went to the States 3 days later, it was my first trip abroad for over 10 years but was I up to date with immigration laws and all that type of thing? No I wasn't, the first moment of realisation came three quarters of the way through the flight when they came around with the forms that we had to fill in. Now what would any naive person do 35,000 feet up and 2 hours from Chicago? I wasn't expecting it, I froze and just filled the form out ticking a no when it came to the big question. It was wrong I know but I said no in fear rather than dishonesty.
Im am pleased to say that I am gambling free now and have been for 7 years.
May 31st 2010, 5:41 am
#48
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Joined: Jul 2009
Posts: 232
Re: Advice on when to apply for a B-2 visa
Hello again
Just a quick update, having spoken to a solicitor who deals with USA immigration law, I am pleased to report that as far as court sentences go, it is the sentence given locally that carries the weight when applying for a visa, in other words if my case was heard in a British magistrates court with a maximum sentencing power of 6 months then it's the 6 months that counts towards the 5 years mentioned below.
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
Doesn't get me anywhere near the finishing line but at least I know now that I will go into this on an even playing field.
Just a quick update, having spoken to a solicitor who deals with USA immigration law, I am pleased to report that as far as court sentences go, it is the sentence given locally that carries the weight when applying for a visa, in other words if my case was heard in a British magistrates court with a maximum sentencing power of 6 months then it's the 6 months that counts towards the 5 years mentioned below.
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
Doesn't get me anywhere near the finishing line but at least I know now that I will go into this on an even playing field.
No one can tell you what the outcome of any application will be for for certain. However, trying to twist words to suit what you want doesnt move you forward any. Wishing is one thing. Convincing yourself that others will grant your wish is quite another.
Admitting in a public forum that you lied to gain an immigration benefit is possibly not the most sensible thing to do. It is not unheard of for the US authorities to use data mining tools.
Good news on the gambling addiction. "Addictions" and other" mental health issues" can be cause for serious concern in US Visa applications.
Last edited by Family_Guy; May 31st 2010 at 5:45 am.
May 31st 2010, 7:26 am
#49
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Re: Advice on when to apply for a B-2 visa
family_guy it wouldn't suprise me one iota if there were people on here who enjoy the odd tip off or two and to the US embassy at that but then I have embassy telling me not to believe everything that I read on forums.
Can't see how I am twisting words tbh I am just telling it as it is something that some Americans do not like I do believe, laughable for a country which has the biggest crime rate on the planet.
You say "There is no such thing as a level playing field btw", when it comes down to gaining entry into the US for ten days, don't I know it.
Can't see how I am twisting words tbh I am just telling it as it is something that some Americans do not like I do believe, laughable for a country which has the biggest crime rate on the planet.
You say "There is no such thing as a level playing field btw", when it comes down to gaining entry into the US for ten days, don't I know it.
Last edited by paul1963; May 31st 2010 at 7:31 am.
May 31st 2010, 7:44 am
#50
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Joined: Jul 2009
Posts: 232
Re: Advice on when to apply for a B-2 visa
family_guy it wouldn't suprise me one iota if there were people on here who enjoy the odd tip off or two and to the US embassy at that but then I have embassy telling me not to believe everything that I read on forums.
Can't see how I am twisting words tbh I am just telling it as it is something that some Americans do not like I do believe, laughable for a country which has the biggest crime rate on the planet.
You say "There is no such thing as a level playing field btw", when it comes down to gaining entry into the US for ten days, don't I know it.
Can't see how I am twisting words tbh I am just telling it as it is something that some Americans do not like I do believe, laughable for a country which has the biggest crime rate on the planet.
You say "There is no such thing as a level playing field btw", when it comes down to gaining entry into the US for ten days, don't I know it.
Jun 4th 2010, 9:07 am
#51
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Re: Advice on when to apply for a B-2 visa
Hello again, I just wanted to pop back over here to tell you that after much deliberation and I might add some gentle pursation from my g/f I have decided to abandon any plans I had about visiting the states next year instead opting for a week in Mexico which we hope to book in the next month or so.
It's going to take some time coming to terms with not going to Chicago after all as I have a special place for the City in my heart but as many of you have said on here it is just not worth the risk and to spend close on £200 for my police records then the visa only to probably to be told it's a "no" would be soul destroying.
I must admit that if this site didn't exist together with several members on here who appear to be "in the know" to a high level I would have probably gone for it that is oof course if I was single but the fact is I am not and the advice on here is not to be ignored.
On other sites I have been browsing many a person have taken the plunge and been successful but this is me I am talking about a person who if there was no such thing as bad luck I would have no luck at all
So like I say I am about to move on and put the US on the back burner but before I go there is one thing that I just cannot get away from and this is something that has been hit on on those other sites who despite revealing details of personal experiences at US customs from people who have just chanced it, never really contained a voice of reason like there is on here so perhaps somebody can clear it up for future reference.
An ESTA gets you on the plane, a successful visa application gets you in the country but even then nothing is guaranteed and apparantly according to some, being honest in the first place and applying for a visa admitting you have a criminal record actually flags you up at port of entry and you are certain to be pulled aside and then you are in the lap of the Gods.
As many of you have openly criticised me on here for entering illegally in 2002 even though it was unintentional, I just wondered what your views are on the above because without doubt there is a situation in place which ridicules the ESTA and visa system because clearly Mr X can choose to be honest and pay his monies get his visa yet be denied entry whilst MR Y can alight from the same plane having ben dishonest on his ESTA and walk straight through immigration with nothing more than having his finger prints taken!!
This has what has caused my frustration all along but as I say Cancun is calling and I am looking forward to a stress free booking process in the near future.
Thanks again
It's going to take some time coming to terms with not going to Chicago after all as I have a special place for the City in my heart but as many of you have said on here it is just not worth the risk and to spend close on £200 for my police records then the visa only to probably to be told it's a "no" would be soul destroying.
I must admit that if this site didn't exist together with several members on here who appear to be "in the know" to a high level I would have probably gone for it that is oof course if I was single but the fact is I am not and the advice on here is not to be ignored.
On other sites I have been browsing many a person have taken the plunge and been successful but this is me I am talking about a person who if there was no such thing as bad luck I would have no luck at all
So like I say I am about to move on and put the US on the back burner but before I go there is one thing that I just cannot get away from and this is something that has been hit on on those other sites who despite revealing details of personal experiences at US customs from people who have just chanced it, never really contained a voice of reason like there is on here so perhaps somebody can clear it up for future reference.
An ESTA gets you on the plane, a successful visa application gets you in the country but even then nothing is guaranteed and apparantly according to some, being honest in the first place and applying for a visa admitting you have a criminal record actually flags you up at port of entry and you are certain to be pulled aside and then you are in the lap of the Gods.
As many of you have openly criticised me on here for entering illegally in 2002 even though it was unintentional, I just wondered what your views are on the above because without doubt there is a situation in place which ridicules the ESTA and visa system because clearly Mr X can choose to be honest and pay his monies get his visa yet be denied entry whilst MR Y can alight from the same plane having ben dishonest on his ESTA and walk straight through immigration with nothing more than having his finger prints taken!!
This has what has caused my frustration all along but as I say Cancun is calling and I am looking forward to a stress free booking process in the near future.
Thanks again
Jun 4th 2010, 9:11 am
#52
Joined: Mar 2003
Posts: 68,280
Re: Advice on when to apply for a B-2 visa
but i think you will get thru it .. your are very brave ..
those glasses get very heavy with that Sun beating down on you ...
Jun 4th 2010, 9:16 am
#53
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Re: Advice on when to apply for a B-2 visa
A few weeks in Cancun is going to be hard on you...
but i think you will get thru it .. your are very brave ..
those glasses get very heavy with that Sun beating down on you ...
but i think you will get thru it .. your are very brave ..
those glasses get very heavy with that Sun beating down on you ...
Jun 4th 2010, 3:11 pm
#55
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Re: Advice on when to apply for a B-2 visa
Are you going by boat or over flying US airspace? Just curious 
Jun 5th 2010, 12:03 am
#56
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Re: Advice on when to apply for a B-2 visa
No answer to the ESTA flaw I see Mmmm! Maybe it's so much of an exposure that Americans don't like admitting to it
I have no idea about the journey to Mexico maybe it means having to travel via the US which would be a no no, I really have no idea I'll have to wait and see but there is a plan B in Cuba, pointless asking anybody on here for recommendations I think
I have no idea about the journey to Mexico maybe it means having to travel via the US which would be a no no, I really have no idea I'll have to wait and see but there is a plan B in Cuba, pointless asking anybody on here for recommendations I think
Jun 5th 2010, 12:17 am
#57
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Joined: Jul 2009
Posts: 232
Re: Advice on when to apply for a B-2 visa
No answer to the ESTA flaw I see Mmmm! Maybe it's so much of an exposure that Americans don't like admitting to it
I have no idea about the journey to Mexico maybe it means having to travel via the US which would be a no no, I really have no idea I'll have to wait and see but there is a plan B in Cuba, pointless asking anybody on here for recommendations I think
I have no idea about the journey to Mexico maybe it means having to travel via the US which would be a no no, I really have no idea I'll have to wait and see but there is a plan B in Cuba, pointless asking anybody on here for recommendations I think
Flights to Mexico from the UK overfly US airspace. Advance Passenger Information is given to the DHS prior to the flight taking off. A number of flights have been refused permission to enter US airspace because people on board are on the no fly list. I am not suggesting you are on such a list just pointing out that a flight to Mexico which may have to divert to the USA could cause you problems with that tricky little question.
Perhaps the Costa Del sol is an attractive alternative.
