Scorpiochik

I wasn't intending on lying, I just didnt want to put things down that aren't convictions as it would just make me look worse.

I have done a search for the MOC and had a search for the waiver of ineligability. I think I know roughly what I would need to do. so I would probably get denied a visa and then maybe given a chance to go for the waiver.

I'm just not sure whether I should now

meauxna

I've been studying this topic for going on 10 years, and I wouldn't go apply for a visa by myself in your circumstances.
Would you feel the same way about walking into a Russian, or Chinese Consulate and representing yourself the same way? 'American legalese' is a foreign language.
I guess that's all I can say about it.

Scorpiochik

Fair enough. Thanks for the info ppl and being honest, just not what I wanted to hear really. I've written things down just in case. I just thought that because I was seeing other people commenting that they were able to go through the process it just seemed so easy. thanks anyway though

E3only

Sydney Consulate – US Embassy, May 2010

British man applying for B-2 instead of VWP as he had ‘minor’ run in with the law.

Window / US Embassy Office – “So tell me what happened”

British Guy – “I got in trouble. The only time in my life. We are at Bar 333 and it was past mid night. I was admittedly drunk and I kicked the glass door. I was earlier warned by bar manager of nuisance. Cops were called and I was cautioned and removed from the bar”

Window / US Embassy Office – “Where you charged”

British Guy – “No, I was warned and thrown out of the bar”

Window / US Embassy Office – “Sorry, we can give you a visa at this stage. Here is some extra information that might help you”

This is not the exact conversation but the underlying facts are – the guy was drunk, kicked the glass door or something and was thrown out (police were called). Not going to happen for him.

This is how it runs with the Embassy. You need to seek professional advice unless all you really want to do is pay the fee to hear you visa is declined. I doubt it very much if you are going to get any ‘inside’ scoop on how long before you can reply, how can I get approval etc. That’s something a lawyer will need to tell you.

Scorpiochik

I think we will go the route with lawyers then but if it would end up costing in the thousands then it would have to wait a couple of years anyway.
It's definately worth it though as he visits his family regularly and would be important to both of us if I was able to go over with him.

As someone said about character references and it being a short time, would it help getting regularly involved with charities and volunteer work in the meantime. I have done a little bit but not a great deal. I read on another post that someone was going to use references for something similar. Just anything that shows a change. would that help at all?

BILDER

Well as it stands now, the OP is inadmissible to the US for the rest of her life.

Scorpiochik

Even with goin down the legitimate route of applying?

BILDER

Yep. Even with a waiver this is a temporary allowance for you into the country. Usually from 1 yr to 5 years, after which you go back to being inadmissible. This sticks with you for life.

What kind of weapons conviction was it?

Duncan Roberts

That's why you need a lawyer.

Also keep in mind that even if everything goes your way and you end up with a visa in your passport there is no guarantee that you will be admitted to the US. It may be that you turn up at the border and the officer sees you as too high a risk so denies you entry. I know it's in the past and you can't do anything about it now but this is a perfect example of things you may think are fairly trivial at the time can have massive consequences later on and for the rest of your life.

Scorpiochik

it was a knife- possesion of a bladed article in a public place.

If i was able to get a temporary allowance in the next few years. even if it expires after x amount of years, wouldn't it be then easier to get another one without having to go down the route of lawyers etc

Scorpiochik

So border control has the discretion to turn people away? Would that be likely though?

Duncan Roberts

Yes they have final say. In a case like yours the chance would be a lot higher than most, no one can say how likely it is though. At a rough guess, 0-100%

crg

The weapon possession is unlikely to be a CIMT. The witness intimidation (if as an adult) would likely be a showstopper. Even though the other offenses aree unlikely to create inadmissibility on their own, they may be unsettling to the consular officer and DHS because it shows a pattern of criminal behavior.

How long has it been since you have been out of trouble? Only count time since all sentences/probation have been completed.

Scorpiochik

Yes the witness intimadation was as an adult. With sentence and probation it ended when I was 21. the probation period was supposed to be a year longer but it was cut in half. so i dont know whether they would look at it as when it was supposed to end.

My whole lifestyle has changed since then. I know its not been a great ammount of time and even waitin a couple of years wouldnt be so bad. I dont know if there are ways to show that

nettlebed

I have two convictions for theft (each time less than twenty quid) and it certainly wasn't easy for me. Weapons and witness intimidation, as Ian says, is serious shit. It's NOT going to be easy, even if it is possible...