B2 Visa - Conviction
Feb 19th 2013, 5:45 pm
#1
Just Joined
Thread Starter
Joined: Feb 2013
Posts: 5
B2 Visa - Conviction
Hi,
My mum was ineligable for a esta so has applied for a b2 visa and has an appointment at the embassy on friday.
She has a conviction of Theft of employee from 1992 (21 years ago) in which she got a suspended sentence and had to pay compensation. (clean record since then)
The holiday has already been booked for 2 weeks from the 31st March (so very late in applying for the visa
) ...I will be going on holiday with her and my 10yr old brother.
... we have previously been to the USA since her conviction, we went in 1995 for 2 weeks.
I am just reading through posts here making sure she takes all the required documents, plus proof she doesn't wish to stay/overstay... evidence for this is that she has a job here, renting a house, a daughter & grandson here who won't be going with us and return flight info.
I will keep this post updated on the outcome.... I am praying its a positive one.
My mum was ineligable for a esta so has applied for a b2 visa and has an appointment at the embassy on friday.
She has a conviction of Theft of employee from 1992 (21 years ago) in which she got a suspended sentence and had to pay compensation. (clean record since then)
The holiday has already been booked for 2 weeks from the 31st March (so very late in applying for the visa
) ...I will be going on holiday with her and my 10yr old brother.... we have previously been to the USA since her conviction, we went in 1995 for 2 weeks.
I am just reading through posts here making sure she takes all the required documents, plus proof she doesn't wish to stay/overstay... evidence for this is that she has a job here, renting a house, a daughter & grandson here who won't be going with us and return flight info.
I will keep this post updated on the outcome.... I am praying its a positive one.
Feb 19th 2013, 5:59 pm
#2
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
I don't think this is going to be good news.
Your mum won't get a visa and will need to be recommended for a waiver of ineligibility. There is no way that will happen before the 31st March.
Looks like your holiday will have to be delayed unfortunately.
Your mum won't get a visa and will need to be recommended for a waiver of ineligibility. There is no way that will happen before the 31st March.
Looks like your holiday will have to be delayed unfortunately.
Feb 19th 2013, 6:28 pm
#3
Just Joined
Thread Starter
Joined: Feb 2013
Posts: 5
Re: B2 Visa - Conviction
would they not take into account that she travelled to the USA previously... 3yrs after the conviction and has had a clean record since.
Feb 19th 2013, 6:35 pm
#4
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
Feb 19th 2013, 6:52 pm
#5
Just Joined
Thread Starter
Joined: Feb 2013
Posts: 5
Re: B2 Visa - Conviction
I know things are alot different now since 9/11
Shes still a single mum now, but would be travelling with one older daughter (me) and young son.
If shes is denied... then me and my brother will still go on the holiday.
Last edited by cj_87; Feb 19th 2013 at 6:59 pm.
Feb 19th 2013, 6:59 pm
#6
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
I'd say you need to be prepared for that to happen. Theft is a crime involving moral turpitude (CIMT) and that means your mum is ineligible to travel to the USA without a proper waiver. Waivers of ineligibility are currently taking over 6 months to be adjudicated, so sorry to say there's no chance of her being approved before your departure date.
Feb 19th 2013, 10:10 pm
#7
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Visa - Conviction
I know things are alot different now since 9/11
Shes still a single mum now, but would be travelling with one older daughter (me) and young son.
If shes is denied... then me and my brother will still go on the holiday.
Ian
Feb 19th 2013, 10:26 pm
#8
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
There was no ESTA then, but the green I-94W that she completed had the same questions. This means that she either lied on the I-94W (because theft is a CIMT), or she got very lucky. I'm inclined to believe the former... because she would have been taken aside and questioned if the officer noticed the checkmark on her form.
Feb 19th 2013, 10:40 pm
#9
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Visa - Conviction
Yours sounds better... but you know me - I call a spade a spade.
Feb 20th 2013, 9:02 am
#11
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
If it was an honest mistake and the person ticked "NO" on an I-94W or ESTA because they didn't realise their offence was CIMT, then they are probably OK.
If they knew the offence was CIMT and dishonestly lied to cover it up, so that they could enter the USA with less difficulty, then they won't be OK as that is classed as immigration fraud and is a serious offence.
If they knew the offence was CIMT and dishonestly lied to cover it up, so that they could enter the USA with less difficulty, then they won't be OK as that is classed as immigration fraud and is a serious offence.
Feb 20th 2013, 10:06 am
#12
Account Closed
Joined: Jan 2013
Posts: 20
Re: B2 Visa - Conviction
I'd say you need to be prepared for that to happen. Theft is a crime involving moral turpitude (CIMT) and that means your mum is ineligible to travel to the USA without a proper waiver. Waivers of ineligibility are currently taking over 6 months to be adjudicated, so sorry to say there's no chance of her being approved before your departure date.
The interviewing officer will take into account the amount of time since the offence , the sentence ect ect , i would say you have a very good chance of being given the visa and for the crime itself it would be unliky to be sent off for a review, the only problem i see is that she traveled since the conviction so they will see that as she must have lied and ticked no
The only thing in your favour is she traveled before 9/11 , things where much more lax back then , i have known travel agents back then to say yes its fine to travel with a criminal record and encourge people to lie on the forms filled in
Feb 20th 2013, 11:37 am
#13
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
Id have to disagree with this , her crime is a CIMT yes but they can still offer her a visa while at the interview and it wouldnt need to be sent off to DHLS for review
The interviewing officer will take into account the amount of time since the offence , the sentence ect ect , i would say you have a very good chance of being given the visa and for the crime itself it would be unliky to be sent off for a review, the only problem i see is that she traveled since the conviction so they will see that as she must have lied and ticked no
The only thing in your favour is she traveled before 9/11 , things where much more lax back then , i have known travel agents back then to say yes its fine to travel with a criminal record and encourge people to lie on the forms filled in
The interviewing officer will take into account the amount of time since the offence , the sentence ect ect , i would say you have a very good chance of being given the visa and for the crime itself it would be unliky to be sent off for a review, the only problem i see is that she traveled since the conviction so they will see that as she must have lied and ticked no
The only thing in your favour is she traveled before 9/11 , things where much more lax back then , i have known travel agents back then to say yes its fine to travel with a criminal record and encourge people to lie on the forms filled in
Feb 20th 2013, 11:55 am
#14
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: B2 Visa - Conviction
This link from the FAM is useful: http://www.state.gov/documents/organization/86941.pdf
INA 212(a)(2)(A)
(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.
(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).
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).
Feb 20th 2013, 1:50 pm
#15
Account Closed
Joined: Jan 2013
Posts: 20
Re: B2 Visa - Conviction
each case of theft is different , they may all be classed as a CIMT but its not true that all would be ineligiblefor a visa
I myself obtained a visa only 2 weeks ago with burglary and theft non dwelling as a conviction
when you concider that the maximum sentence is 7 years for theft (6 months at a Magistrates at the time of her offence), many people do indeed obatin a visa with theft as a conviction , the interviewing officer will have the power to decide if the offence is petty and issue a visa, like in my case and like in many others
Its not the same as a conviction for drugs which is a CIMT, the interviewing officer will not issue a visa for anything drug related , if the OP's mum's offences was 21 years ago like they state and have not been in trouble since then the conviction will most likley have been stepped down and will show as no trace on a ACPO check, a futher subject access request will also come back blank as well as a memorandum of conviction, if that was the case then they would almost certainly be ok to obtain a visa
From the people that i have spoken to that have been through the process of obtaining a visa and from the many many posts i have read regarding this then theft is one of the most common reasons for obtaining a b2 visa, many people have applied and been given a 10 year visa with theft as a conviction
I myself obtained a visa only 2 weeks ago with burglary and theft non dwelling as a conviction
when you concider that the maximum sentence is 7 years for theft (6 months at a Magistrates at the time of her offence), many people do indeed obatin a visa with theft as a conviction , the interviewing officer will have the power to decide if the offence is petty and issue a visa, like in my case and like in many others
Its not the same as a conviction for drugs which is a CIMT, the interviewing officer will not issue a visa for anything drug related , if the OP's mum's offences was 21 years ago like they state and have not been in trouble since then the conviction will most likley have been stepped down and will show as no trace on a ACPO check, a futher subject access request will also come back blank as well as a memorandum of conviction, if that was the case then they would almost certainly be ok to obtain a visa
From the people that i have spoken to that have been through the process of obtaining a visa and from the many many posts i have read regarding this then theft is one of the most common reasons for obtaining a b2 visa, many people have applied and been given a 10 year visa with theft as a conviction