Appying for a U.S Visa with Fraud Convictions.
Jul 18th 2018, 4:53 pm
#16
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Re: Appying for a U.S Visa with Fraud Convictions.
I'm not if a CIMT equals a permanent Visa refusal
The maximum possible sentence for the offence was less than 12 months
At least 5 years have elapsed since the date of your conviction
Jul 18th 2018, 10:39 pm
#17
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Re: Appying for a U.S Visa with Fraud Convictions.
Not sure if this Daily Express story is correct on what it says...
It’s key to note that your crime won’t be considered one of moral turpitude if:
You were under 18 when you committed the offence.At least 5 years have elapsed since the date of your conviction
or where you were sentenced to a period of detention or imprisonment, at least 5 years have elapsed since the date of your release.
The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to 6 months or less.
It’s key to note that your crime won’t be considered one of moral turpitude if:
You were under 18 when you committed the offence.At least 5 years have elapsed since the date of your conviction
or where you were sentenced to a period of detention or imprisonment, at least 5 years have elapsed since the date of your release.
The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to 6 months or less.
Jul 22nd 2018, 11:13 pm
#18
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Re: Appying for a U.S Visa with Fraud Convictions.
My experience will differ slightly from yours as I had a drug caution from 10 years ago but the approach is probably the same.
Knowing I wouldn't qualify for an ESTA, I completed my DS-160 first and scheduled an interview at the London consulate to get a B1 Visa. I then applied for my ACRO certificate and waited for this to come through. When this came through (I would note that I didn't have the 'No Live Trace' issue crop up) I completed a VCU-1 form providing as much detail about my arrest/caution as possible.
When it was time for my interview I took my DS160 confirmation, my appointment confirmation, my ACRO certificate, my VCU-1 form, my passport and a couple of spare 5x5cm passport photos. My appointment was scheduled for 8.30am and I arrived at the embassy around 8.10am. All in all I was at the Embassy for about 3.5 hours. The actual interview with the officer lasted about 15 minutes, the rest of the time was spent waiting and looking at numbers on a screen.
The questions were generally about my purpose for visiting, who I was going with, where I was planning to go and, of course, a couple of questions about the caution. I answered all the questions truthfully (nothing to hide and no point in hiding anything at this stage) but I did get the impression that the overall decision was a foregone conclusion anyway - I was recommended for a waiver of ineligibility.
I was given a letter detailing this and advising that my case had been passed to the DHS. The good aspect of this is that I've seldom heard of people not being granted a waiver of ineligibility. The bad side is that it takes forever. I had my interview around 4 and a half months ago and I'm yet to hear anything but I am told this is normal. At the time of my interview, the officer did say that there was about a 5-6 month waiting time for these so hopefully I'll get an email/letter soon asking me to send my passport.
That's pretty much my experience on this. Sorry it's not quite the same as yours but it seems likely that you'll probably be recommended for a waiver, particularly as fraud is recognised as a CIMT.
Knowing I wouldn't qualify for an ESTA, I completed my DS-160 first and scheduled an interview at the London consulate to get a B1 Visa. I then applied for my ACRO certificate and waited for this to come through. When this came through (I would note that I didn't have the 'No Live Trace' issue crop up) I completed a VCU-1 form providing as much detail about my arrest/caution as possible.
When it was time for my interview I took my DS160 confirmation, my appointment confirmation, my ACRO certificate, my VCU-1 form, my passport and a couple of spare 5x5cm passport photos. My appointment was scheduled for 8.30am and I arrived at the embassy around 8.10am. All in all I was at the Embassy for about 3.5 hours. The actual interview with the officer lasted about 15 minutes, the rest of the time was spent waiting and looking at numbers on a screen.
The questions were generally about my purpose for visiting, who I was going with, where I was planning to go and, of course, a couple of questions about the caution. I answered all the questions truthfully (nothing to hide and no point in hiding anything at this stage) but I did get the impression that the overall decision was a foregone conclusion anyway - I was recommended for a waiver of ineligibility.
I was given a letter detailing this and advising that my case had been passed to the DHS. The good aspect of this is that I've seldom heard of people not being granted a waiver of ineligibility. The bad side is that it takes forever. I had my interview around 4 and a half months ago and I'm yet to hear anything but I am told this is normal. At the time of my interview, the officer did say that there was about a 5-6 month waiting time for these so hopefully I'll get an email/letter soon asking me to send my passport.
That's pretty much my experience on this. Sorry it's not quite the same as yours but it seems likely that you'll probably be recommended for a waiver, particularly as fraud is recognised as a CIMT.
my process was the same, I always plan a year in advance and always stick to the time of the waiver coming back 6 months later. Eg- we want to go to florida in September 2019, so I ha e an interview around May/June 2018, waiver should come back around October 2018, so if it’s valid for 1 year, we’re able to go when we planned and it gives us near enough a year to sort the holiday out. We don’t book anything until that visa is in my passport.
I have done this process 2 times before and also done it for the 3rd time this year. You wait for your email, send your passport back to them, then receive the passport back with the visa in.
Once W you’ve had your interview and been referred, just forgot about it then.
Jul 23rd 2018, 11:50 pm
#19
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Re: Appying for a U.S Visa with Fraud Convictions.
Hi
my process was the same, I always plan a year in advance and always stick to the time of the waiver coming back 6 months later. Eg- we want to go to florida in September 2019, so I ha e an interview around May/June 2018, waiver should come back around October 2018, so if it’s valid for 1 year, we’re able to go when we planned and it gives us near enough a year to sort the holiday out. We don’t book anything until that visa is in my passport.
I have done this process 2 times before and also done it for the 3rd time this year. You wait for your email, send your passport back to them, then receive the passport back with the visa in.
Once W you’ve had your interview and been referred, just forgot about it then.
What happens at the U.S airport each time you travel do you get interviewed by border agents? do you ever worry they will deny entry?
Appreciate if you ever get chance to reply back to me.
Thank you.
Jul 24th 2018, 12:43 am
#20
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Re: Appying for a U.S Visa with Fraud Convictions.
Have you any advice on my situation? Also you have to get a Waiver of ineligibility each time you want to travel to the U.S? and you have to re-interview at the embassy each time if you want to go to the U.S again and obtain another W.O.I ??
What happens at the U.S airport each time you travel do you get interviewed by border agents? do you ever worry they will deny entry?
Appreciate if you ever get chance to reply back to me.
Thank you.
What happens at the U.S airport each time you travel do you get interviewed by border agents? do you ever worry they will deny entry?
Appreciate if you ever get chance to reply back to me.
Thank you.
You require a waiver for each individual visa, so you have to obtain a waiver each time you apply for a new visa only The waivers apply for the length of visa validity.
Given you have a conviction, should you receive a waiver and subsequently the visa (and I think considering how recent and serious your offences are, you may well struggle), you will be sent to secondary inspection every time you enter the US and you'll have a short interview with a CBP officer. It is par for the course. Denial of entry is unlikely, and the rules for dealing with the CBP are the same as dealing with the Consular Officers when at an interview: be honest, answer any questions concisely and clearly, and don't be tempted to tell a whole story to try and improve the officer's perception of your situation. They don't care about you or whether you get in or not, so just be a model person and indulge what they want from you. You'll shortly be on your way and you'll have forgotten about it in a matter of hours.
You've been given the correct advice about the VCU-01 and ACRO already (you need them both). I didn't bother with a subject access report for both of my waivers, I do not believe they are officially required and my attorney did not tell me to furnish one.
Edit: to answer the waiver denial question - if you do have a visa denial without a recommendation for a waiver, it's best to wait at least a few years. In your situation it'll be because of the gravity of your offences and the short period of time that has elapsed since. Your best odds are probably at about the 10 year mark. I also agree with other poster's that comparing your case to a celebrity's case is not that sensible.
Last edited by shiversaint; Jul 24th 2018 at 12:49 am.
Jul 24th 2018, 12:51 am
#21
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Re: Appying for a U.S Visa with Fraud Convictions.
I'm not who you're asking for advice from but I can answer these questions as I have a waiver.
You require a waiver for each individual visa, so you have to obtain a waiver each time you apply for a new visa only The waivers apply for the length of visa validity.
Given you have a conviction, should you receive a waiver and subsequently the visa (and I think considering how recent and serious your offences are, you may well struggle), you will be sent to secondary inspection every time you enter the US and you'll have a short interview with a CBP officer. It is par for the course. Denial of entry is unlikely, and the rules for dealing with the CBP are the same as dealing with the Consular Officers when at an interview: be honest, answer any questions concisely and clearly, and don't be tempted to tell a whole story to try and improve the officer's perception of your situation. They don't care about you or whether you get in or not, so just be a model person and indulge what they want from you. You'll shortly be on your way and you'll have forgotten about it in a matter of hours.
You've been given the correct advice about the VCU-01 and ACRO already (you need them both). I didn't bother with a subject access report for both of my waivers, I do not believe they are officially required and my attorney did not tell me to furnish one.
You require a waiver for each individual visa, so you have to obtain a waiver each time you apply for a new visa only The waivers apply for the length of visa validity.
Given you have a conviction, should you receive a waiver and subsequently the visa (and I think considering how recent and serious your offences are, you may well struggle), you will be sent to secondary inspection every time you enter the US and you'll have a short interview with a CBP officer. It is par for the course. Denial of entry is unlikely, and the rules for dealing with the CBP are the same as dealing with the Consular Officers when at an interview: be honest, answer any questions concisely and clearly, and don't be tempted to tell a whole story to try and improve the officer's perception of your situation. They don't care about you or whether you get in or not, so just be a model person and indulge what they want from you. You'll shortly be on your way and you'll have forgotten about it in a matter of hours.
You've been given the correct advice about the VCU-01 and ACRO already (you need them both). I didn't bother with a subject access report for both of my waivers, I do not believe they are officially required and my attorney did not tell me to furnish one.
Thanks for responding, I'm happy to hear anyone advice on this and welcome any responses.
Jul 24th 2018, 1:26 am
#22
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Re: Appying for a U.S Visa with Fraud Convictions.
As you have been told previously, nobody can advise you how long the waiver will last or if it will be single or multiple entry. Each case is unique, and it depends if there consular officer interviewing you even decides to recommend you for the waiver with so many (relatively recent) fraud convictions, so its pointless asking one particular person how long it will last
Jul 24th 2018, 1:30 am
#23
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Re: Appying for a U.S Visa with Fraud Convictions.
As you have been told previously, nobody can advise you how long the waiver will last or if it will be single or multiple entry. Each case is unique, and it depends if there consular officer interviewing you even decides to recommend you for the waiver with so many (relatively recent) fraud convictions, so its pointless asking one particular person how long it will last
Jul 24th 2018, 2:34 pm
#24
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Re: Appying for a U.S Visa with Fraud Convictions.
The thread dedicated to this topic is by far the best place to get a better understanding of the non-immigrant waiver process (although there is nothing else to share with you, to be honest). I would advise that you read every page carefully, like most of us already have. Don't confuse these waivers with immigrant waivers, known as an I-601 and a very different beast.
Jul 24th 2018, 3:54 pm
#25
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Re: Appying for a U.S Visa with Fraud Convictions.
I have a criminal record for fraud in the UK and have been travelling to the USA under the ETSA without a problem. My convictions were 24 years ago but will remain on my criminal record forever
Jul 24th 2018, 3:56 pm
#26
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Re: Appying for a U.S Visa with Fraud Convictions.
Oh dear. You have a conviction for a CIMT, you are not eligible for the Visa Waiver Program. You MUST have a visa!
Jul 24th 2018, 10:23 pm
#27
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Re: Appying for a U.S Visa with Fraud Convictions.
Do do you mean, I could get into trouble? How would that happen? I had no idea.
Jul 24th 2018, 10:27 pm
#28
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Re: Appying for a U.S Visa with Fraud Convictions.
You are required to declare past convictions on ESTA, convictions are never spent for the purposes of US immigration. Declaring a conviction would almost certainly have got you an ESTA denial. You are not eligible to use the VWP.
Last edited by civilservant; Jul 24th 2018 at 10:29 pm.
Jul 24th 2018, 10:40 pm
#30
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