wantdisneyholiday

Hello,

I found this site whilst googling info on our current predicament. My family and I were planning a once in a lifetime trip to Disney next April, for 21 days. On having all arrangements made, we went to the travel agent to book/pay and then ran across the visa requirements. We were told about the ESTA application that was needed, and rather hastily I went home to start the process. I filled in my husbands, and this was approved, although having read the requirements after I realised that, had I read it properly, he would have had to admit to being arrested last yr for a drug trafficking offence (of which he had no involvement and has since been fully acquitted in court). Not realising an arrest, or a conviction had to be declared, his authorisation was approved, but I now realise this is probably not true.

Next problem is, I also don't think I qualify myself under the VWP because I was convicted for a violent offence 15yrs ago. In this country (UK) this is spent, but again, after reading further into this, it doesn't matter under U.S law wether it is spent or not, and I too need to apply for a Visa to travel.

I fully understand that this is the law of the U.S.A, and I have no grounds or do I wish to, argue with this. Under normal cicumstances I would happily apply for Visa's for my husband and myself, hope they would be approved, and then book our trip in the future.

Unfortunately, and please I am not trying to play the 'sympathy' card, but the reason this is so devastating and important to us, is that I have cancer, am only 32, and our girls are 3,5 and 11. My prognosis is really not good and my husband and I always dreamed of this lifetime trip for memorys sake. We may well not have months to complete the visa process and then book, and I hope you can imagine we have been on a complete high from having saved the money and getting so close to booking, our ultimate holiday, to then having the proverbial rug pulled from under us. I realise we should have thought of all these issues before thinking of the holiday, however on spur of the moment, and I hope you understand, many things on our mind, we have neglected this hugely important issue.

So my questions are:

If we travelled having obtained ESTA authorisations that we later found to have incorrect information, will we get to America only to be sent back?

If we go through the Visa route and go to London to be interviewed, what are our chances of being given Visa's? And how long could this take?

If we go through either route, ESTA/Visa does my passport need to be in date, as it needs renewing?, we were planning on doing this immediately anyway as it is out of date, as is two of our daughters, but this would normally not be a problem if we had 4 months before travel.

I appreciate any help or opinions in our situation and sorry for the length of my post. However I have tried to be honest and accurate, so anyone here may advise us but I understand this is impartial and I do not expect resolution, I'm just asking for advice! Anyone who may be able to help or simplify these issues for us I will be eternally grateful.

Many thanks

Ruth

P.S If you all think our case is hopeless, can anyone reccommenda holiday elsewhere that still offers the trip of a lifetime??

Noorah101

It's possible. The POE agent has the final authority to allow you into the USA or not.

It's hard to predict your chances, but your chances are zero if you don't apply at all. I believe the visa process is very quick...only a few weeks until you go for the interview, and they let you know right away whether you're approved or not.

Yes, you need an unexpired passport.

Anywhere that does not require you to use the VWP or get a Visa.

Rene

meauxna

The ESTA is just a pre-made version of the card you still have to complete on the plane. IOW, you will have to answer all of the questions, on paper, again before the plane lands, and submit them to the officer at the Port of Entry (POE).
If you now know the information you first gave (to get the ESTA ok) is incorrect, and change your answers at arrival, you (both) can be refused entry.

Your question would make an interesting private conversation with an immigration attorney. Is it worth $100 or so for you to find out more? If so, lay your story out in private. I'm afraid the answers you're most likely to get here are ones you don't want to hear, even if some folk might have a 'creative' solution for you in mind.

JCraigFong

Dear Walt:

Let me first start out by empathizing with the situation you're going through. I am sure it cannot be easy for you or your family. The trip-of-a-lifetime is a wonderful idea, and I am going to use THAT as my jumping off point.

If you decide, "well, I have the ESTA clearances, so I guess we'll just come," then you must recognize the risks attendant on that decision. In this situation, you have a record that would give most immigration attorneys pause. If you try to board the plane anyway, you might make it over and back, and if so, more power to you. However, I can not recommend that, because it involves fraud. The scarier risk is that you fly across the pond and are stopped at Orlando, children in tow, and turned around. I cannot begin to imagine the trauma of such an occurrence for you.

The difficulty for you is: if you decide to apply for B-1/B-2 visas from AmEmb-London to come to the USA, I am nervous about your violence-related conviction, despite the fact that it was quite some time ago. Your husband's acquittal of -- presumably -- all charges means that he must DECLARE his arrest, but that the acquittal should mean that his visa would be issued, provided he has had NO OTHER negative contacts with law enforcement in the UK or anywhere else in the world.

The other posters are correct: you're gonna need an attorney on this one, because beyond the legal issues and forms that might need to be filed, etc., you are probably going to need someone to hold your hand on this one.

Best of luck,

--J

Bluegrass Lass

J, from reading into the timeline info the poster gave, it appears that this conviction occured when she was a juvenile. She said she is 32 now and the conviction happened 15 years ago which would have made her 17 at the time. Does that help at all? Obviously they need need to see an attorney. I was just wondering how CBP would view a juvenile conviction.

wantdisneyholiday

I am so grateful to you all for your quick replies. This makes a huge difference to my mind, as in what to do.

In response to sunflwrgrl13, I was actually convicted at the age of 19. I am 33 this month so that is 14 yrs ago. Is that still juvenile in American law and would that make a difference? As far as U.K law that conviction was spent after 10yrs and I have since worked in nursing.

'J' thank you for the honest advice. yes I believe my husband having been completely proved innocent, would hopefully be granted a visa, even though that arrest was recent (ie within a year, by UK border control). Are you saying that my conviction, despite being 14 yrs ago, would be looked at worse than his? I would happily go through the visa process, if I thought I might be granted acceptance, but we are on a urgent timescale and limited budget, due to my health. If we require a lawyer, does anyone know if I am entitled to that on legal aid? (financial help in the U.K) because I am now disabled?

Bluegrass Lass

18 or over are treated as adult, so you wouldn't have been considered a juvenile.

wantdisneyholiday

ok so if treated as an adult, despite being 14yrs ago, does that mean I would be unlikely to get a visa? Despite the circumstances? Sorry for all the questions but can't afford to go through the process if I am likely to be refused

ian-mstm

Yes! He was only arrested... you were convicted. At the very least, you will need to get copies of the court records for both of you... him to demonstrate that nothing came of the arrest, and you to verify when this happened and what came of it.

Ian

wantdisneyholiday

Thanks for your reply Ian,

Yes to apply for a Visa we both need to get a form from the police to verify both our cases. My husband is definitely proved and completely acquitted of all charges. I was convicted for Actual Bodily Harm (ABH) 14 yrs ago, the only thing on my record, after set upon in a pub. Due to mitigating circumstances I was sentenced to a fine and 1 yr probation. Is that enough cause not to be allowed into the U.S? Despite being so long ago and having never been in trouble since, settling down, got married, and now dying from cancer? If I really can be refused a visa for that reason I will have to forget this dream and try to focus on something else.

I really appreciate your input guys

ian-mstm

Can you be refused a visa? Yes. Will you be refused a visa? There is absolutely no way to know in advance.

At this point in time, your husband has an approved ESTA (whether he should have one or not). I gather that you haven't yet applied. If you apply and lie about your prior conviction... you will likely also be approved. If that lie is later discovered, you face a lifetime ban from the US. Considering your current circumstances, that may or may not be an issue for you.

Ian

BritishGuy36

a) What matters is the maximum sentence possible for the crime you were convicted of.

b) It could well be. Lawyer time.

c) The US government isn't interested in any of those things, sadly.

wantdisneyholiday

Thanks, I understand they won't look at the circumstances involved. The Maximum sentence would be 5yrs imprisonment, how does that stand?

Noorah101

I know you are looking for some immediate answers, but you have a semi-complicated case, with many factors involved.

The very best way to go would be to have a 1-time consultation with an immigration attorney who can tell you where you stand LEGALLY.

For the most part, we are laymen on this forum, and we can guide you up to some point, but we don't have 100% legal knowledge (unless, of course, one of the immigration attorneys posts on this thread).

Good Luck,
Rene

wantdisneyholiday

I'm sorry rene, and yes you are probably right that I am looking for some kind of immediate answers, although I realise no one can give them to me here. I'm just trying to find out our likely hood of getting visa's, under the circumstances, but not knowing the law on all matters its hard to judge.

I'm stuck with a decision on spending precious time and money, that should our chances be favourable, would be worth it, or forgetting our dream and trying to think of another option. Given our situation I hope you can see why this is not an easy decision.

If we got appointments with the embassy in London I am assuming it is likely from what I have been advised here, that they would say we need a lawyer to proceed any further?