Cdses

Hi everyone,

I just got back from the US embassy with a refusal for a visa.

I applied for a visa because at the age of 17 i got arreseted for attempted deception. I have been to America twice since I got a conditional discharge in 1999 each time i dont remember if i ticked yes or no to that all important question...'have u ever been convicted.....blah blah blah' to be honest i think i probably ticked no...but like i said i cant remember, when i think really hard i think i did tick no because of the rehabilitaion of offenders act and the fact that i was a minor when i committed the offence.

Anyway the very PATRONISING man in the embassy denied my application on the grounds of section 212(a)(2)(A)(i)(II): crimes involving moral turpitute (on paper) but verbally he said to me that i was lucky to have gotten into the US the other times i travelled and i was lucky i wasnt refused entry then, and that i can apply for the waiver of ineligiblities when i asked him how i can get it he was very rude and said read the information i have given you. The information he gave doesnt tell me how i can get it let alone how soon I can apply for it. Baring in mind that he had already declined my application before he even started asking me any questions.

It doesnt help that in the long term i am planning on moving to america to be with my boyfriend.

Can someone offer any advice as the US embassy website is fully of jargon and not very helpful.

Q1: How soon can i apply for this waiver?
Q2: Will this effect my long term plans?
Q3: Was i wrong to say no to the crime if i honestly believed i didnt ned to declare it because i was a minor?
Q4: Who give that one man the right to decide whether i'm worthy of going to America for a 3 week holiday to visit family and friends? Just because i was stupid and naive enough to be forced to do something i didnt wanna do as a minor? Don't we all mistakes?
Q5: What happens if i have to fly to america for an emergency?
Q6: Will it effect my transit through america to go to other countries?

As you can see I'm really upset at the moment as i was loking forward to seeing my boyfriend and getting away from england for a while.

Many thanx

Depressed & distressed Cdses

Lottie

I can't offer any advice, only sympathy.

Sorry you had a tough time at the Embassy and that the I/O wasn't very friendly or helpful.

If you do searches on this forum you will see that lots of people have had bad experiences with I/Os at the Embassy, so it's not just you. Not that it is of help to you right now.

For advice, I'm sure Ivonne, Sylvia, Josef or Joachim will be able to point you in the right direction on what your options are from here.

Hope things work out for you.

Lottie.

Bob

If your boyfriends a USC, then getting married would sort things out, but in the short term, can't really help, and also have to have a visa while in transit I believe as you go through immigration through the states, and even if it were an emergency, if your not allowed to use VWP, without visa, they would refuse you entrance at POE.

crg

212(a)(2)(A)(i)(II) is for controlled substance violators ie: druggies

The juvenile offense shouldn't count, but maybe you also had other problems or admitted to other offenses.

Q1: How soon can i apply for this waiver?
You can apply whenever.

Q2: Will this effect my long term plans?
Depends what they are, probably yes.

Q3: Was i wrong to say no to the crime if i honestly believed i didnt ned to declare it because i was a minor?
Yes, they asked for any arrest for a CIMT which fraud is a CIMT. It's not up to you to decide if you need to declare it or not.

Q4: Who give that one man the right to decide whether i'm worthy of going to America for a 3 week holiday to visit family and friends? Just because i was stupid and naive enough to be forced to do something i didnt wanna do as a minor? Don't we all mistakes?
The US Congress granted the authorityto the Secretary of State, and he granted the authority to the consular officer.

Q5: What happens if i have to fly to america for an emergency?
You'd probably be refused entry under the section 217 of the INA without seeing a judge. You may be returned immedietly or spend time in a detention center until your departure can be arranged.

Q6: Will it effect my transit through america to go to other countries?
Yes, it is illegal for inadmissible aliens to transit the United States. The same thing will happen as in Q5.

I'm not sure why the crime you described would make you inadmissible, but the consular officer seemed certain enough. Deception is a CIMT. An attempt to commit a CIMT is a CIMT. A conditional discharge is a conviction under US immigration law. I'm confused about the juvenile part. Were you sent to adult court? Were there other offenses? Was it a felony or indictable offense? What was the maximum penalty that could have been imposed?

scrubbedexpat099

You can not move to the US to be with your Boy Friend, no such Visa.

They might have refused you for a variety of reasons and hung it on this one.

Were you able to show ties that would require your return, Job, Property etc etc.?

Rete

Now if you want. It is form I-601 and found on http://uscis.gov/graphics/formsfee/forms/index.htm

If the waiver is denied, it means you won't ever be given a visa to enter the US, let alone one to migrate to it.

Yes. You committed a crime. Regardless of age, you had to declare it.

The US government/citizens gave that man the right to make this decision. He has a set of rules and regulations to follow. He did his job. And yes, we all make mistakes. And after making a mistake have to take the consequences of that mistake. It is unfortunate that this is your consequence.

You would not be allowed in. Your passport is stamped with the 212(a).... and it is now in the datebase for the examiners to see at the POE when you present your passport for entry.

Most probably. You will require a transit visa which will most likely be denied.

Understandable. However, you should note that you can't just come to the US to live with your boyfriend. Life, even without a criminal history of CMIT, is not that easy. You would need a K-1 or an immigration visa to be permitted to reside in the US. You are ineligible for any type of immigration visa because of the 212(a).... Your bf would have to petition for you and you in turn petition the US Consulate in London after his approval and when denied you once again submit a waiver for inadmissibility and pray it is accepted and their decision turned around in your favor.

Trent

Answer: Constitution of the United States of America.

Cdses

My offence was in as a juvie and i attended Juvie court.....the maxium penalty was a one yrs conditional discharge which expired when i was 18 and a half. It had nothing to do with drugs, it was literally to do with attempting to use a credit card that didnt belong to me.

What do you mean by felony or indictable offence?

Cdses

I, yes I showed that I have a 3 year old child, I have a permanent job within Social Services as an administrator, Ive been workin for the local government for the last 3 years. although i dont own my own place. I even told him that she wont be flying with me i was planning on leaving her with her dad and couldn't do that for more than 3 weeks and i'd miss her too much to leave her.

scrubbedexpat099

Well that sounds like the sort of thing they want to hear.

I do know the US System take a very different view on offences before 18 to those commited afterwards. That would I think help the Waiver if you go down that route.

From what I have read I am surprised that they were so harsh, but perhaps someone else can help better.

crg

A felony or indictable offense is usually one that carries a maximum penalty of more than one year. A misdemeanor or summary conviction carries a penalty of not more than one year.

From what you describe, it doesn't sound like you need a waiver at all. However, the consulate is under no obligation to give a visa to anyone.

Cdses

Thanx everyone, just one more question do u think it will be a waste of time reapplyin anytime soon, or should i just wait until late next year?

When the time does come round hopefully i will be get a nice officer. Oh does anyone think that my boyfriend being a cop might help my case?

Bob

His occupation won't make any difference.

As to reapplying, wouldn't know.

scrubbedexpat099

It sounds odd that you were refused for a relatively minor infraction when you were 17.

I know that if you are refused for a Finacee Visa you can apply for a waiver, but not so sure on a visitor visa, I am sort of assuming not. But perhaps somebody knows.

As for time, not sure that will make any difference in this case, but a different Officer might.

If you can raise the cash, a chat with a UK based US immigration Lawyer might help, there could be something they might be able to do to help the presentation or some other issue that they could elicit and help you deal with. Even if we all know what we are doing, we are very much amateurs, there is no way we can get the big picture from postings.