B2 visa with CIMT and previous VWP entry issues
 

Hello -

I wonder if anyone can help me with a few questions.

I am a USC and we have recently discovered that my spouse has been travelling erroneously on VWP and ESTA for a number of yrs when they should have had a B2 visa. Past (as in 15 yrs +) criminal record for what is probably a CIMT means they are more than likely inadmissable so I am guessing they will need a waiver since B2 will be denied. I am also assuming they will be found inadmissable for misrepresentation as well as for the CIMT due to the VWP entries. When we started travelling out on VWP many yrs ago we didn't even have internet and just went based on incomplete advice from the embassy and our (in hindsite, limited) understanding of CIMT (as in we thought it was sex crimes or murder or something like that) so my spouse checked that box thinking they were answering truthfully. I know that is not a good enough excuse for the immigration authorities, but it is the truth!

As it stands our plan is to get a PNC report since we are not 100% sure what the charges were then seek some legal advice before applying for the visa.

I guess my questions are:

1. Is there any chance my spouse will NOT be charged with a misrep? Will getting legal advice help here at all? We are well settled in the UK so I am not devastated at missing out on potential immigration benefit but still kicking myself a bit that we were so dumb.

2. Will the unlawful entries seriously harm the chances of the waiver being granted? I guess I'm not so concerned about the criminal aspect because it has been so long now that the chances of overcoming that are not really going to improve.

Anything else we can do? What if the PNC comes back blank since I suspect the ACRO report is just going to say 'no live trace' since the conviction will now be stepped down.

Thanks for reading.

PKR

Re: B2 visa with CIMT and previous VWP entry issues
 

For this to even be an issue, there needs to be "willful misrepresentation" on your spouse's part.


Yes.


No.


Read up on "willful misrepresentation" - something the government needs to demonstrate... not you!

Ian

Re: B2 visa with CIMT and previous VWP entry issues
 

Been there, done that. I traveled erroneously on a B1-B2 without declaring convictions (my company prepared the visa application, and I just signed it without checking). When I applied for a later H-1B, the B1-B2 was canceled without prejudice. I have subsequently had a couple of B1-B2s, another H-1B, a Green Card, and I'm now a USC.

My convictions were eight years before my first B1-B2.

I can't believe you will have any problems. As Ian said, the misrepresentation needs to be willful to be held against you.

You will need to get your Memoranda of Conviction, too, in additions to the PNC certificate: check this post for details. It's worth starting this as soon as you can. Oh, and get at least three, preferably four or five copies of each MoC, since there is no telling whether you will want him to immigrate to the US in future, and if so, you don't want to go through the rigmarole again.

Re: B2 visa with CIMT and previous VWP entry issues
 

Thanks both for your replies. I've read elsewhere that London, where we would be applying, is coming down quite hard on misreps....so I'm quite worried about that. But I guess best to start preparing now!

Re: B2 visa with CIMT and previous VWP entry issues
 

... which would probably be a real problem for you if misrepresentation existed! :)

Ian

Re: B2 visa with CIMT and previous VWP entry issues
 

Oops - I mean yes WE don't feel there has been a willful misrep as the question was answered honestly, albeit erroneously, but am wary that the Embassy are taking a hard line on this now and will just decide it was misrep and we should have known better...regardless of whatever argument we put forward :unsure: .

Re: B2 visa with CIMT and previous VWP entry issues
 

Well, you can choose to worry, or not to worry.

What was the conviction for?

Also, don't forget to get the MoCs: if it IS a CIMT, you WILL need those for the waiver.

Re: B2 visa with CIMT and previous VWP entry issues
 

Worrying is my second occupation ;) .

My OH can't remember the charges accurately since it was ages ago so I don't want to go into a lot of gory detail but it most likely falls under the crimes against property bit of CIMT - so I'm fairly certain it's not good news.

We've found the relevant court and are going to get the certs, thanks :thumbup: .