RadioJock

Hi Everyone,

I booked 5 nights for myself and my wife-to-be in New York as part of our honeymoon thinking that the visa would be a formality because neither of us have criminal records or have ever been refused entry to anywhere.

I went to the visa waiver scheme and one of the questions was 'have you ever been arrested?' I was falsely accused of assault 7 years ago, arrested, asked some questions and released within the hour with no charges or conditions.

Trying to be honest I phoned the visa hotline and now it turns out that I have to go for an interview.... in Belfast! The only appointments in London were after my departure date.

I have my police certificate stating that no charges have been brought against me and there was no action taken against me. I have return flight tickets booked and a hotel booked for the 5 nights I am staying.

I will also take my bank statements and savings to show I have money, a letter off both of my bosses from my two jobs and a copy of my new, signed work contract which starts whilst in the US and runs until December 2013.

On top of this I have also booked my car into the airport car park which clearly states my return date.

Do you think this should be enough to prove that I am genuine in my reasons for travel. I could also take my notice of ceremony to prove that I am getting married a few days before I travel.

I booked everything thinking that there wouldn't be a problem, will this fact go against me because they say not to book anything until you have a visa, or will it serve as proof that I am only there for 5 nights and intend to return?

I have even booked a New York explorer pass to see all of the famous sights!

Thanks everyone.

Marocco

No it's not. I think you didn't read the question very carefully.

DavidLemon

Actually that is only the first part of the question, it actually asks if you have ever been arrested or convicted of a crime involving moral turpitude.

Many people read the question but only see what they want to see. If you have all ready applied it may be to late, but if you have not then you should check to see if the case against you was in fact one involving moral turpitude. If it was not then you can tick no to the question on the ESTA form and you should be approved as long as their are no other circumstances to take into consideration.

RadioJock

I wish it was a mistake but the US embassy London now asks if you've been arrested for anything. I phoned the visa helpline (£1.23 a min) and explained the situation and they said that I must be interviewed.

Anybody else with experience in this?

DavidLemon

Yup - And guess what. They did not tell you the truth

Their go to answer is always the same. Apply for a visa.

Check out Moral Turpitude, and check to see if the arrest you have is considered to be a CIMT. If it is not you can apply for ESTA and tick no to that question.

Your call, but if you apply for a visa and it is denied because you are a valid ESTA user then you will find that not only will you have no B2 in hand, but you could also see that ESTA is denied for a while (common case up to and beyond 6 months).

Marocco

They lied. The embassy prefers to tell everyone who isn't squeaky clean to apply for a visa, rather than get into the intricate question of whether each single crime is a CIMT or not.

Besides, the embassy is run by the Department of State, which has nothing to do with the Visa Waiver Program.

JSL8610

If you haven't yet applied for the visa, don't. Were you arrested simply for assault? I'm fairly sure assault is not, by itself a CIMT. There are classifications of assault that are. If you were arrested only for assault and I'm right about it not being a CIMT (you may want to check up on that) then you can happily and truthfully tick 'no' to that ESTA question.

If you've already applied for the visa then ignore the above.

RadioJock

It was just an arrest for assault which I would again like to stress I didn't do and was released without charge.

I quote the Wikipedia page for Moral Turpitude:

'Little guidance is provided to the traveler as to which offenses are included in the definition; however the website of the U.S. embassy in London states that a visa is required for anyone who has ever been arrested or convicted for any offense.[9] This appears to be at variance with the question on form I-94W and information supplied by the US Department of Homeland Security, as there are many offenses that are not considered to involve moral turpitude'

I have paid my fee of $160 and have an appointment in Belfast, if it turns out that I am eligible, would explaining myself and cancelling my appointment count as being refused a visa?

Thank you for all of your advice.

RadioJock

This is taken from the US embassy London's official site, seems pretty black and white to me...


Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States.

This is becoming very upsetting, all I want to do is give the love of my life the honeymoon of her dreams and it looks like I could have it taken away just because of confusion and people not knowing the official rules

JSL8610

I see your wikipedia article, and I raise you 9 FAM 40.21(a) N2.3-3 b(1):

"b. Crimes committed against the person, family relationship, or sexual
morality which do not involve moral turpitude include:
(1) Assault (simple) (i.e., any assault, which does not require an evil
intent or depraved motive, although it may involve the use of a
weapon, which is neither dangerous nor deadly);"

Well, never mind then. It seems you've already applied for the visa. The only outcomes now are approval or denial. Just take all the evidence you can of your ties to home and the temporary nature of your trip.

JSL8610

I agree that the information on the embassy website is very black and white. Unfortunately, it is also incorrect.

Best of luck with the visa interview . Do let us know how you get on.

civilservant

You cannot 'withdraw' a visa application - the only 2 routes now are approve or deny. Unfortunately if you are denied you will then have to declare that on the ESTA application, likely leading to ESTA denial. Unfortunately that will leave you unable to travel to the US for a period of time, possibly around 6 months.

scrubbedexpat099

There wasa guy who was able not to proceed recently, but he had not paid.

The information on the web site is wrong and the number you called is answered by a trained Scottish chimpanzee.

lansbury

Now explain the precise definition of those two phrases as defined by US immigration law.

JSL8610

No thanks. I'd be surprised if that definition even exists