Ray

The change will affect thousands of teachers, doctors, nurses and care home workers, as well leaders of scout and guide packs, and youth groups, who have been unable to work with children because of minor offences committed years before.

The news came after three appeal court judges ruled in January that people should not have to declare minor convictions on Criminal Records Bureau disclosure forms if they were not relevant to their work in later life.

thats for the UK ...

The US says you will declare them

darkstar1

Ah, I have just looked into this. I'm not completely sure I understand fully what it means. Does it means that nothing will come up after a "Disclosure and Barring Service" search (the new CRB by the looks of it), yet the records will still be on file somewhere?

Would The USA be able to find out at some point if (and when) records are shared?

Even if this were the case though, it would mean lying to the question "have you ever been arrested...". But it would mean not having to let them know about it and suffer a life of lengthy visa applications...

Noorah101

You should never lie on any immigration form, or to any immigration officer. So if the question asks "have you EVER been arrested..." and you have, you'll answer "yes", even if your record has been expunged.

You should just assume USA will be able to find out everything at some point.

Rene

darkstar1

I know. I've never contemplated lying, it just seems like a VERY bad idea. But if I were told the information will never be accessible by the USA, I'd be very tempted to use the VWP, not has a "waiver' stamp in my passport, not go through the costly application process, risking the chance of visiting and disclosing an arrest that they will know about for the rest of my life...!

darkstar1

But don't worry, Rene, I'm continuing as planned, the legit course. If I want to work in the states in the future, it's the only sensible option.

darkstar1

Just a quick update. I received my ACPO report back today, showing 'No live trace'. I've just finished the DS-160 form. It's the most frustrating form I've ever had to fill out! It wouldn't work on my mac, using firefox for s a start. After many attempts (and application numbers), I used a friends PC. It worked, but kept saying I'd been inactive for 20 minutes when I hadn't been! I described when and what the arrest was for and the caution i received. I then briefly described how i take full responsibility and how it acted as a wake up. I then state how the charity position and university placements have help improve me as a person and how my family and social life are now very secure, which is an improvement compared to 6 years ago.

I've received character references from Doctors at my university and now I suppose I just play the waiting game for the email requesting documents?

darkstar1

Will they contact me, or do i need to phone them to pay the charge for the visa first?

I'm also presuming that the VSU-1 form should be emailed along with the ACPO report etc?

darkstar1

Ok, after a bit of looking, it looks as though I need to call them ASAP? I'll do that tomorrow and pay the application fee. Unless someone tells me different (i just dont want to waste money on the phone...)

materialcontroller

You need to contact the hotline and pay the visa fee. You'll then be sent an email which will explain what the next steps are - this usually involves you scanning all of the documents you wish to present in support of your application and emailing them back to the address given.

A short while after that, typically somewhere between 2 and 4 weeks, you'll be sent another email telling you that the consular staff have finished examining your documentation. You must then call the hotline back again (£1.23/min kerching!) and arrange an interview.

darkstar1

Thanks, material.

So it could take up to two months for me to actually go to the interview?

Then with the 6 month wait on waivers, my trip starting in late Feb is looking dodgy! (not bought tickets yet...)

materialcontroller

I think everything will probably happen somewhat quicker than that, but the route you've just outlined is certainly the sort of timespan you need to be allowing for just in case the VCU is busy or there are a couple of unforeseen hiccups.

darkstar1

OK, I phoned the embassy today. Was on the line for about 6 minutes, paid the fees, received an email a few minutes later with instructions on how to send in all the scanned forms. I'll get these sent off on Monday and I was told they would contact me in about a week to let me know they've finished lookin and i'll be ready to call for an interview.

materialcontroller

Sounds about right. If you're lucky and they're not too busy, and if you can be flexible on dates and times, you might get an interview within a week or two of making the call.

darkstar1

That would be good. If I could have the interview before the end of the first week in July, I'd be happy.

Just out of curiosity. are there three options that could come about after the interview? Visa granted (i'm guessing very rare for first application), advised for waiver and a straight refusal?

Also, if someone is advised for a waiver, are many people refused after the 6 month wait, or is that a goof sign that you'll be accepted?

materialcontroller

Broadly speaking, yes.

The visa will either be granted or it will be denied. If it is denied because the applicant is in some way inadmissible, then the conoff will decide whether or not to recommend a waiver of ineligibility. If they pass a recommendation to the Admissibility Review Office, the Department of Homeland Security will then make a decision on the waiver and either accept that recommendation (meaning the consulate can issue a limited validity visa), or refuse it.

Based on my own experience and the evidence of others writing on this forum, I'd say there's only a small percentage of applicants who have their waiver recommendations rejected.