Samuel Adams

Hi all,

I have searched this site (honestly) but couldn't find any information on my little situation.

I am a UK citizen and am illegible for a VWP as I have prison convictions (12 month sentence) dating back to the late 80's, mainly for car theft and minor driving convictions, although I may get a VWP if I apply I did not want to jeopardize my possible future application of a K-1 visa.

I have a USC fiance in California and I am going to see her for christmas and New Year. We want to be together and we are both committed to marriage but this trip is the final "test" for us before we are 100% that it's what we want.

My question is; will my application for a B-2 visa effect my future application for a K-1 visa?
Would I have been better off just risking a VWP, as I am sure that if the details of my past came out I would be in serious trouble?

I was in the USA in 1997, via Melbourne and Hawaii and was given a B-2 visa with no problems.

Thanks for your help and sorry if this is an annoying newbie question!


That's not my real name by the way!

ljaw2002uk

I would have thought that your first step would be to apply for the ESTA (answering the questions honestly) and see how that turns out, you won't know unless you try. Failing that you will need to take the B2 route.

Rete

I would assume that since he required a B2 in 1997 that the requirement for a new one is still valid. He received a visa not a waiver.

Samuel Adams

Actually that's a very good point.

I can't remember why I got a B2 back then, maybe it was for the same reason? I pretty sure the VWP didn't exist back then.

Noorah101

So you already know for sure you're ineligible to travel on the VWP, and have never traveled to the USA on the VWP in the past, correct? How did you come to the conclusion that your conviction made you ineligible for the VWP?

Have you been visiting each other outside the USA before this?

No. Whether the B-2 is approved or denied, it won't affect the K-1 visa.

If you are not eligible to use the VWP, then of course don't use it. That would be silly.

That was a 10-year B-2 visa, and it expired in 2007? You haven't traveled to the USA after that?

I personally think you should have a consultation with an immigration attorney to see if your crime prevents you from using the VWP. If it does, you have no choice but to seek a B-2 visa again.

Without knowing details of the crime, I can't say whether it will affect the K-1 visa or not. Another good reason to speak to an immigration attorney.

Rene

jeffreyhy

It did.

And "a VWP" is not something that one can apply for. One is either eligible for the program or they aren't. Apparently you aren't.

Regards, JEff

Samuel Adams

I was at the AmEmb last week and have applied for the B-2 visa.

I have had an "approval of a waiver of ineligibility" by the rather nice US embassy staff, and it's now in the hands of HS. but also

As some of my crimes are classed as "crimes involving moral turpitude" and, they were commented when I was 19yo, she said it had to be classed as such. The crimes were burglary of a "non dwelling", ie commercial property, and she said "It is what it is, burglary is burglary" which she does have a point.

Reading a wiki, Larceny "In the United States, larceny is a common law crime involving theft. Under the common law, larceny is the trespassory taking (caption) and carrying away (asportation, removal) of the tangible personal property of another with the intent to deprive him or her of its possession permanently. In almost all states, it has become a statutory crime through codification."

(While I am not disputing I stole these items and the fact it is theft and I did indeed break the law, in any country, I'm wondering if the fact it was not strictly anyone's "personal property" but a business's, even though that business is owned by a person(s).
Secondly, this property was never meant to be permanently removed or sold.)

As these crimes were in the late 80's I am hoping that HC will approve my waiver.

Rather than ask the good people of this forum what are my chances (how long is a piece of string, seems to be apt), and after reading the many helpful threads (craig the CA lawyers reading is excellent), I would just like to say thanks for all the helpful threads.

(On a personal note; please do not think bad of me, I am now a grown adult run a successful business and have not had so much as a speeding ticket since my little spate of terror in my teens. I paid for my crime and it looks like I still am. )

jeffreyhy

You're hardly alone in having stepped over the line as a teen. Not everyone who did so recognized where they were and stepped back.

Please do give us a further update when you get the decision on the waiver.

Regards, JEff

materialcontroller

Hi Sam. I like your beer by the way!

While everyone's case is different, I have been in a similar position to you. Never had a prison sentence but my record includes various convictions for theft and related crimes, all back in the late 80s /early 90s. I applied for a B2 visa last year, and was recommended for a waiver of ineligibility. This allowed me to visit the USA earlier this year.

My waiver was only valid for 12 months and one entry into the USA. Therefore, in order for me to go back to the USA next year, I've had to make another application and had my interview just over a month ago where, once again, they recommended me for another waiver.

So my own experience shows that it is possible to overcome immigration difficulties surrounding CIMTs. That said, it's impossible to know if your application will be approved or not. But the biggest factor going in your favour is the recommendation of the consular offical at your interview. Good luck to you!

PS: It can feel as though us ex-cons are still being punished for our errant youth (and in a way we are). The cost of visa applications and trips to London for embassy interviews is quite a burden. But then lifes a bitch sometimes. I will say though that I feel a whole lot better having done things correctly in my dealings with US immigration, rather than lying or covering up my criminal past. My attitude is if something's worth doing (and going to see my girlfriend in the US is one of these things), then it's worth doing properly and leaving nothing to chance.

S Folinsky

A few comments from Pedantic Stuart if you don't mind:

Mr. Fong's first name is the letter "J". It is not a first initial. You are not the first to call him "Craig."

On the term "personal" -- in the context of property there are two broad types: "real" and "personal." Anything that is not land or affixed to it is "personal property."

The First Year class on Criminal law had a lot of discussion on various theft crimes -- it is not uncommon to see the various "terms of art" misused in normal conversation.

BTW, "burglary" is not, per se, a theft crime.

lostlove

having one right now!