annaf

Hi Ok I got a few questions I hope someone can help me answer.
I am living in the UK and am origianally from a scandinavian country.
Next year I want to go visit 2 friends I have met online. They are both female and so am I. I plan to stay for just under 4 weeks and they live in different states so I will need to travel around the US to see both of them.
I know that I have to apply for a B-2 visa because I have got a small written caution for a very very very minor offence 2 years ago and also have got another conviction over 10 years ago when I was under 18 that is not on record anymore will still disclose it since honesty is the best policy after all.
None of the convictions are drug related.
Will that cause problems?
My next question is about the visa application itself I have read the usembassys website call me thick but I cant make out how I go about doing it. It says to fill in the ??=156 non immigrant visa form and for me to call them up for an interview. Do I send the form in first or do I bring it with me to interview?
Next it states that I need to prove ties to the UK will a letter from my employer stating that he has approved me 4 weeks holidays next year to take when I need them and that I have a job to go back to be enough from that side?
The next thing is the proof of finance....I have not got a bankaccount and I have only just started saving up for this trip so will not have that much to show for at the interview what can I do regarding this issue? I can prove how much I earn and that I have started putting money aside will that be enough?
I also live in a lodging house and as such got no utility bills to show as ties to the UK. However my landlord will give me a letter stating how long I have lived in his house and that I intend to come back to live there. Also I have pets that I need to go back to look after. Will that be sufficent?
My questions are nearly over now.... would it be a good idea to get a letter of invitation from both my friends stating that I will stay with them and that its purely a holiday?
I have not yet booked the flights as I dont want to loose the money if something goes wrong ie visa not being approved or that something happens along the way and I wont be able to save enough money on time.
It would be sods law that something did go wrong along the way if I have booked anything.
I have given as much information in this post as I can possibly think of can anyone spot any problems I might incur or have any ideas of other proof I can gather. Any help will be greatly appreciated



Thanks Anna

crg

It doesn't sound like you need a visa at all. Forget about the conviction when you were under 18.

If the caution 2 yrs ago was as minor as you say and not drug related, that would count as the single petty offense exception to section 212(a)(2)(A)(i)(I) of the INA anyway.

What was the minor caution for?

Feel free to use

annaf

That would be great if I didnt need a visa.
The caution was for petty larceny to make a long story short was out got drunk picked up wrong handbag and got caught holding it nothing was missing from the bag but got arrested and instead of going to court got sent to parishhall and got a written caution. I couldnt really argue and say I wasnt holding the bag. In my opinion it is a very very minor thing to get a caution for but still its there on record. I also know it was a stupid thing to happen but it did cant turn back time now put it this way I do watch how much I drink from now on.
It was my understanding that if you have been arrested even if it didnt lead to conviction I still need to apply for visa. Am I wrong there?
And another stupid question how come my arrest under the age of 18 doesnt count?
Sorry for all the questions but I am terrified of doing anything wrong in this.

neilw

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected] m...
    > If the caution 2 yrs ago was as minor as you say and not drug related,
    > that would count as the single petty offense exception to section 212(a-
    > )(2)(A)(i)(I) of the INA anyway.

Sorry to thread hi-jack, but how do you actually "use" the above exemption
clause?

Would you tick "yes" to having been arrested and show them details of the
arrest?

Cheers

Neil

annaf

Hi Neil I can see we are in the same boat so to speak.
I really cant find any info on the internet telling me for sure about that clause being valid for the WWP. It seems like its there for when you need to apply for a visa.
As it clearly stated on the usembassys website that if you have been arrested even if it didnt lead to conviction you still have to apply for a visa.
BUT on the other hand on the back of the i94w question B asks you

"have you ever been arrested or convicted of a crime involving moral turpitude or a violation related to a controlled substance; or been arrested and convicted for two or more offences for which the aggregate sentence to confinement was for 5 years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities"

This makes me think that the clause is applicable as I could honestly answer no to that question as I have no crimes of moral turpitude on my record.

Am getting confused now

neilw

"annaf" <member28154@british_expats.com> wrote in message
news:[email protected] m...
    >> Would you tick "yes" to having been arrested and show them details of
    >> the
    >> arrest?
    >> Cheers
    >> Neil
    > Hi Neil I can see we are in the same boat so to speak.
    > I really cant find any info on the internet telling me for sure about
    > that clause being valid for the WWP. It seems like its there for when
    > you need to apply for a visa.
    > As it clearly stated on the usembassys website that if you have been ar-
    > rested even if it didnt lead to conviction you still have to apply for a
    > visa.
    > BUT on the other hand on the back of the i94w question B asks you
    > "have you ever been arrested or convicted of a crime involving moral tu-
    > rpitude or a violation related to a controlled substance; or been arres-
    > ted and convicted for two or more offences for which the aggregate sent-
    > ence to confinement was for 5 years or more; or been a controlled subs-
    > tance trafficker; or are you seeking entry to engage in criminal or imm-
    > oral activities"
    > This makes me think that the clause is applicable as I could honestly
    > answer no to that question as I have no crimes of moral turpitude on
    > my record.
    > Am getting confused now

I suspect a lot of people are! Your last statement does seem to make
sense - you could honestly tick "no" and not be lying - if they pulled up
the fact that you had been arrested, hopefully it would be a simple case of
showing proof that the arrest was not for a CIMT?

As I haven't got enough time to apply for a visa, this is my last line of
hope, but I don't want to chance it if it's not strictly legal...

Good luck, and if I find anything out, I'll let you know. Please do
likewise!

Regards

Neil

annaf

I will ring the usembassy tomorrow and try to ignore the high call charges which frankly are ridiculous and ask them exactly how this clause works and also mention that I can honestly say no to the question on the i94w form.
I will post up their reply as soon as I have spoken to them.

Anna

crg

You don't actually "use" the single petty offense exception, it's built into the criteria that would make someone inadmissible or not. I'd say someone should tick "yes" to the question, and then present supporting documentation from their home country describing the incident when they get to the border.

The embassey tells everyone to seek a visa if they can't answer "NO" to every question but that is out of an abundance of caution. It's very complicated and difficult to determine which offenses, at which ages, handled summarily or as an indictable offense, with which penalties would actually lead to someone being inadmissible. They don't want the person to fly all the way to the states to find out they can't come in so they urge people with even minor offenses to seek a visa so they can figure it out.

The same criminal convictions that would prevent someone from using the visa waiver program would also prevent them from getting a visa the normal way. They have to apply for a waiver of the ground of inadmissibility.

As an FYI, almost any theft is a CIMT. Under the law, a single petty theft does not make someone inadmissible though.

crg

The law and board of immigration appeals have limited juvenile offenses to those that are very serious (murder etc) and/or very recent. If someone was a child then the offense happened, it's very rare that it would impact their immigration status.


<<<<<SNIP>>>>>
(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
<<<<<SNIP>>>>>

annaf

I guess that means I can save my money on the phonecall as I will definatly need a visa for my caution. I didnt realise that was a CIMT because its so minor I would understand if I actually took something out of it which I didnt.
But I guess that is the law.
So that brings me back to the questions in my first post..... any advice would be appreciated.

Thanks Anna

Anthony R. Gold

On Tue, 24 Aug 2004 07:55:11 +0000, annaf <member28154@british_expats.com>
wrote:

    > The caution was for petty larceny to make a long story short was out
    > got drunk picked up wrong handbag and got caught holding it nothing
    > was missing from the bag but got arrested and instead of going to co-
    > urt got sent to parishhall and got a written caution. I couldnt real-
    > ly argue and say I wasnt holding the bag. In my opinion it is a very
    > very minor thing to get a caution for but still its there on record.

Larceny involves the intention to dishonestly and permanently deprive
someone of their property. IMO you should not have accepted that caution.

Tony

annaf

I agree I should have let them take it to court and I might have been cleared BUT I didnt because of the way I felt when I got arrested for it and I just wanted it be over so I could move on....
It wouldnt have made a difference now though since I still was arrested for it I'm just hoping that the embassy will see it for what it was a stupid mistake.
I'm sure there must be people with "heavier" crimes than me that does get a visa.

crg

I still don't think you need a visa because of the single petty offense exception, but it could come down to how well the guy at the border knows the law.

Do you have to admit guilt to accept a caution? Is there a penalty? We don't have cautions in the US or Canada, so I don't know if they are even considered convictions.

annaf

A written caution is given in the parish hall where the crime was commited.
It is not given by a jugde BUT by a centennier who has got the power to issue a written caution and/or a fine of up to £50 ($90)
In my case I only got the written caution. It is on record.
I live on one of the channel islands and I just read that the record is only applicable on that particular island.
Looks like I will have to make that phonecall after all and see what they advice me to do.

JimmyD

Sorry to hijack also, does this mean that if a crime was committed before you were 18 and more than five years ago that you dont have to answer yes on the form when you are entering the US, and that you could get in under the Visa waiver program?

I started a new thread today on a similar topic "US entry with Criminal Record" which asks a similar question.

Jim