xaax93

Hi all,

I recently applied for a US Visa to visit but was denied under section 214b. I cant apply under ESTA/VWP as I was previously arrested 3 years ago when younger but only cautioned. Seeing as the US doesn't take that into consideration I had to apply for a Visa.

I was declined for not having strong ties to the UK. How does a UK Citizen born and raised here along with family, who has their whole life, family and friends here, not have strong ties to the UK?

I did in fact quit my job the week before as have been working since leaving school and wasnt able to take holiday - i'm looking to change career and wanted to visit my friend for 2 weeks and return. I've already paid for modules that i'll be attending (once or twice a month) and look after my family, my mum had an op and parents split so i'm kinda the only one around
so do need to be at home with my family. I have rent to pay and bills and besides hardly know anyone in the US. Had already booked the return tickets which are in process for a refund.

Just curious to know how i can prove i'm going to return?! I didn't know wanting to take a short holiday would be so hard.

Any help would be greatly appreciated and please no sarcastic responses.

Thanks

az2014

You live in the UK and have no job. Unless you are retired that is not normal. Employment is probably the number one tie they look for. Which you don't have.

Easy (and correct) decision to deny right there.

Get a job and in 6-12 months apply again.

materialcontroller

Are you absolutely certain that you couldn't apply for an ESTA and travel under the VWP? What was the exact offence you were convicted of and how old were you at the time?

xaax93

One of the questions was were you arrested, convicted or cautioned to which i put yes and it automatically declines anyone who put that.

i wasn't convicted, just cautioned. i'm now 24, was 21 at the time and it was damage to property, hit my dads car not realizing the police were outside, taken to the station but charges weren't pressed. just cautioned.

materialcontroller

Where are these questions you are talking about? Did you answer them on the embassy website? It certainly doesn't sound like an ESTA application question.

xaax93

It's definitely on the ESTA application :

"HAVE YOU EVER BEEN ARRESTED OR CONVICTED FOR A CRIME THAT RESULTED IN SERIOUS DAMAGE TO PROPERTY, OR SERIOUS HARM TO ANOTHER PERSON OR GOVERNMENT AUTHORITY?"

(excuse the capitals, just copied from the form)

materialcontroller

Sad to say, you unwittingly screwed yourself over by answering YES to this question.

The help notes that accompany ESTA explain that the wording of this question relates to Crimes Involving Moral Turpitude (CIMT), which on the face of it, does not include your offence. In my opinion, you had no reason to answer YES to that question.

Your best course of action now is to wait 6-12 months and then try another ESTA application, ensuring you fully understand the questions and answer them correctly. If the ESTA is approved, you can travel on the VWP. If it gets denied again, you will need to submit another visa application and be better prepared for the process next time, including having a full time job.

Pulaski

Having an on-going job is about as strong as it gets for most people when it comes to "strong ties". Owning a home would be #2, having a current lease is a tie, but not as strong as owning.

If you are a carer for your mother that would be "up there" as a strong tie too, but if you can take a break from your caring responsibilities that means that she isn't relying on you on a day-to-day basis.

materialcontroller

Based on the admittedly limited info supplied so far, I very much doubt this offence is classed as a CIMT or needs a waiver. The OP simply didn't understand the ESTA question.

Pulaski

I decided that too and had already deleted what you have quoted before you replied.

civilservant

I agree with the others, you could have ticked no on the ESTA and then you 99% would have been granted the ability to travel. Unfortunately ESTA will now be denied for around 12 months due to the denied B2 visa application.

Twinkle0927

Before I moved here I travelled here regularly to visit The Husband. Now that was on the VWP but the only tie I had to the U.K. was employment. My husband was here in the US, I had no home of my own in the final year in the U.K. (I was renting a room from a family friend but with no formal lease arrangement), I had no car, I have no children, most of my family doesn't live in the U.K. and the ones that are in the U.K. have not spoken to me since I did the "unthinkable" act of divorcing my first husband many years ago.

But I always had a job and upon arrival at CBP if I was ever questioned beyond the standard three questions (purpose of visit, where, how long) it was always if I had a job to go back to.

Walking out on a job just to take a holiday was very foolish. But that's not the issue here. I think there's more to it. Where in the US were you planning to go? Did you have a specific itinerary?

materialcontroller

How can there be any more to it? The OP's visa application was denied (rightly) because they are young, unemployed and likely VWP eligible. That's it.

scrubbedexpat099

Not an obvious candidate for a B, get a job get some ties.

crg

It may or may not be a CIMT and depends how the law is worded. Malicious damage to property has been found to be a CIMT in Matter of M, 3 I&N Dec. 272 (BIA 1948) (found that property damage offense was Crime Involving Moral Turpitude because was not one “where the act was merely accompanied by negligence or carelessness, but one which was perpetrated maliciously and wantonly”).

Destroying someone's property is similar to stealing it in that it may permanently deprive the person of their property.