brit2011

Hi , im after advice if possible if someone would be so kind as to help me ill try and keep it as brief as i can.
Ok so when i was 18 im 25 now i was arrested for being involved in a fight not cautioned etc (however not my fault i was trying to split it up but none the less) and was given an £80 fine and sent home. Me and my girlfriend planned a holiday to florida (both uk citizens) 18 months ago i applied for an esta being honest saying yes i was arrested and of course in turn was denied. Then for the next few days i researched more into it and genuinely thought id answered the question wrong as i had not been arrested for moral turpitude i applied again answering again as i thought right and was accepted under esta.I then booked the holiday for june this year so about a year had passed checked online again at my vwp to see the staus and i was still authorized to travel aapparently So after 9 hours on a flight i arrive to customs within 30 seconds of being there i was took away by two officers on my own with my girlfriend stood there in disbelieve i was escorted into a side waiting room to be interviewed. I was asked every question there is to know about me and what im doing for 2 hours i again said i genuinely believed i did things right and had made a mistake on my first application HOW WRONG they knew id been arrested asked me all about it sat me back in a waiting room called me back in more questions gave me my passport with an admitted stamp walked out expecting my girlfriend to have left me she was stood there so upset not knowing what the hell to do or where i was for ages got my luggage went to walk out and again cbp walked up to me said theyd forgotten something so again im back in this interview room for about 45 more mins being told ive been denied entry under the VWP but i can be paroled into the country for my vacation only but then must get a b2 visa when i go home should i wish to return to the states.This time my girlfriend could wait in the waiting area but has to leave luggage by the luggage carousel. I must say i feel i was treated very poorly like an axe murderer however i kept calm and polite thoughout the scariest ordeal of my life .After that the holiday was amazing an absolutely loved it,I handed in the white card upon leaving and did every thing as asked. Now how do i go about the visa im so confused with it all and after reading im worried ill be denied as im young and theyll no doubt think i want to move there ect when all i want to do is go on holiday im not a criminal or there to stay etc please help Thanks sorry for going on

ian-mstm

Start here: http://travel.state.gov/visa/temp/types/types_1262.html. You want to read the several sections on the visitor visa... and then follow the instructions.

Ian

materialcontroller

Hi brit2011. I have a far more extensive criminal record than you (many offences including CIMTs, although they were all nearly 20 years ago when I was young and stupid). Yet even I have managed to make a trip to the USA, just by following the right steps. I'll try to offer what help I can from my own experiences.

In addition to the link that Ian has already provided, the US embassy in London also have information regarding visa applications on their website: http://london.usembassy.gov/visas.html

As you have been arrested and convicted of a criminal offence, one thing you will need to do is apply for a police certificate. This will be needed by the embassy to assess your visa application. It currently costs £35 and takes about two weeks. You can apply for that here: http://www.acpo.police.uk/NationalPo...tificates.aspx

Your police certificate may show full details of your criminal record, however it may not. After a certain period of time, the offences are "stepped down" in line with UK law. In this case the certificate may say "No Live Trace" - a term which basically means that there is a record but it is no longer live or current.

If that is the case, because the USA does not recognise the UK concept of "stepping down" or the Rehabilitation of Offenders Act 1974, the US embassy will need to see full details of your offences and sentencing. To do this you need to contact the court(s) which heard your case and sentenced you originally and ask to be supplied with an authenticated memorandum of conviction. There is a fee for providing these documents. To find courts in England & Wales: http://hmctscourtfinder.justice.gov.uk/HMCTS/

If you are intending to visit the USA for a holiday, you will need to apply for a B2 non-immigrant visa: http://london.usembassy.gov/b2.html. You will have to complete the online application form DS-160: http://london.usembassy.gov/ds_160_tourism.html and also a VCU-1 form: http://photos.state.gov/libraries/un...U01_London.pdf which must be typed then printed and signed.

I would suggest you acquire the police certificate and all court records before calling the embassy. When you call up initially, they will take your personal details and collect the visa fee of $140 by credit or debit card. You'll then receive an email telling you which documents they wish to see, and how to forward these for their attention. This usually involves scanning the police certificate, VCU-1 form and memoranda of conviction to an email address given by the embassy.

They will review your documents and, after a short while, typically five working days, you will receive another email inviting you to call the appointment line once more for the purposes of scheduling an interview at the embassy. The success or otherwise of your application will then be determined at the interview, and you will be notified.

ian-mstm

A very thorough explanation! First rate!

Ian

materialcontroller

Thank you Ian.

materialcontroller

brit2011, if you or any others are interested in my complete B2 visa application story, it can be found here: http://britishexpats.com/forum/showthread.php?t=723744. Let me know if there's anything else I might be able to help with. And good luck!

dbj1000

Materialcontroller's reply really should be made part of the Wiki or even a sticky at the top of the Immigration and Visas section. Excellent explanation!

iray

Nothing to add to the excellent advice you've received, other than this part :

probably made the difference between being paroled in and being on the next plane home.

brit2011

Wow thank you material controller for taking the time to write a thorough response I really appreciate it thanks. I'll have a read through your b2 visa application and get the ball rolling once again thank you.

dnolan1337

Ahaha that reminds me of when I arrived in Houston in 2006 for a 3month visit under the VWP. I had a return flight ticket paid for, no criminal record, everything should have been fine.

Instead, I spent a good 4 hrs in a waiting room with a bunch of middle eastern gentlemen and a couple fence hoppers from Mexico.

They wouldn't let me call the people waiting on me at the terminal, anything. My luggage rode the carousel the entire time. They took my passport, insurance details, return ticket, everything. When they finally returned, the guy said there was a question on my intentions to leave as my trip was for 3 months. But hey, the VWP clears me for 90 days, and the tickets had me in the US for 86 days.

After some arguing, they called my employer in London, and my landlord to confirm I still had a residence and job waiting me, and let me through. I went on a cruise 2 weeks later with my future wife and mother in law, and had no issues getting through immigration there.

Even better, we all got to use the international line to check in, which was completely empty, while the US citizen line was over an hour long.