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HELP! Travelling on an ESTA with a criminal record

HELP! Travelling on an ESTA with a criminal record

Old Jul 18th 2011, 3:34 am
  #16  
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Default Re: HELP! Travelling on an ESTA with a criminal record

Hi there:

I used to practice immigration law. I am often amused that the answers given with great certainty by intelligent but ultimately lay persons on this forum when I believe that an experienced attorney will be going "interesting question worthy of review."

I think OP is correct in his wish to get things straight. He may have FU'd in the past, but does not appear beyond redemption. A paid legal review is in order -- and the answer may not be all that definitive.
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Old Aug 3rd 2011, 10:54 am
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by crg View Post
I'd bet money your police problem will not require a waiver. Hopefully you can get a visa and put this worrying behind you. Please be aware that my rationalization rant wasn't directed to you in particular, but was a culmination of other threads and posters.

Good luck.
Well attended the interview. The Embassy seemed ok with my previous use of the ESTA form, explained that I didnt realize and apologized. However, regardless of how long ago or minor the offences as there is more than 1 I am permantly inadmissable! They have recommended and applied for an ineligibility waiver.

Fingers crossed I get it soon as they say it will be around 2 months to get the email telling me to send my passport off. Not sure how long it will take after I send the passport off? I was supposed to be going in a months time, work gave me a company letter (applying for a business B2 visa) so fingers crossed I get it quickly by not holding my breath.

Not good but by the sounds of things it will be a waiting game to get the email to say I'm ok
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Old Aug 3rd 2011, 12:21 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by Jonsie25 View Post
However, regardless of how long ago or minor the offences as there is more than 1 I am permantly inadmissable!
Once you get the visa, please report back as to what annotations, if any, are located on the visa. It will be interesting to see if they actually have to issue a waiver and under what grounds.
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Old Aug 3rd 2011, 2:03 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by crg View Post
Once you get the visa, please report back as to what annotations, if any, are located on the visa. It will be interesting to see if they actually have to issue a waiver and under what grounds.
Certainly will do, they gave me a sheet with list of 212's and marked moral turpitudes so I'll see what they come back with. Looking into it further it seems you are only except if you only have 1 conviction under 18. If there are multiple a waiver is needed so fingers crossed

just hop work dont ask me to go there for the next 3 months as i think it will take that long!

Do you know how long it takes once I have the waiver to apply for another 1, i.e. if they issue a year do i have to apply 3 months before the visa expires, a very long and arduous process
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Old Aug 3rd 2011, 2:51 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by Jonsie25 View Post
Certainly will do, they gave me a sheet with list of 212's and marked moral turpitudes so I'll see what they come back with. Looking into it further it seems you are only except if you only have 1 conviction under 18. If there are multiple a waiver is needed so fingers crossed

just hop work dont ask me to go there for the next 3 months as i think it will take that long!

Do you know how long it takes once I have the waiver to apply for another 1, i.e. if they issue a year do i have to apply 3 months before the visa expires, a very long and arduous process
Were you convictions in an adult court? CIMTs handled in juvenile court should be a free pass regardless of how many there were, at least under the criminal grounds.

http://www.state.gov/documents/organization/86942.pdf

"9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(CT:VISA-1318; 09-24-2009)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be inadmissible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."


It's not uncommon for the second waiver to take longer than the first so apply a few months before the last one expires.
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Old Aug 3rd 2011, 3:32 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by crg View Post
Were you convictions in an adult court? CIMTs handled in juvenile court should be a free pass regardless of how many there were, at least under the criminal grounds.

http://www.state.gov/documents/organization/86942.pdf

"9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(CT:VISA-1318; 09-24-2009)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be inadmissible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense."


It's not uncommon for the second waiver to take longer than the first so apply a few months before the last one expires.
It was in Crown court unfortunately.

16 when the offence took place (Feb 1991) convicted in Crown Court May 1992, I was then 18. i got the Maximum sentence of 36 hours at an attention centre (juvenile sentence) which is know part of the youth rehabilition order.

No violence, it was theft and obtaining property by deception. Thats whats on the court records, worried now they wont issue me a waiver
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Old Aug 3rd 2011, 10:29 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Your police problem was a long time ago, you haven't been in any trouble since, and you said the consular officer is recommending the waiver. That's a good sign that you will be successful.
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Old Aug 4th 2011, 1:42 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by crg View Post
Your police problem was a long time ago, you haven't been in any trouble since, and you said the consular officer is recommending the waiver. That's a good sign that you will be successful.
I hope so!

Work my also be looking into transferring me over next year at somepoint (internal transfer visa) do you think this maybe a problem again? Speaking to an immigration lawyer before I went to the embassy she said that they would not do these kind of checks which i thought was strange?
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Old Aug 4th 2011, 2:22 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

If you need a waiver for a visitor visa, you would also need a waiver annotation on any other nonimmigrant work visa as well. If they grant a waiver for a B, they should also grant a waiver for the L.
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Old Aug 4th 2011, 11:15 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Regarding timeframes for waiver issuance, I was in a similar situation to Jonsie25 last year. I was also recommended for a waiver of ineligibility at my interview. It then took 9 weeks before I received the email asking me to contact DX Secure and forward my passport to the embassy. It took a further 2 weeks for the passport to be processed and returned to me with the waiver inside.
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Old Aug 5th 2011, 8:44 am
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by materialcontroller View Post
Regarding timeframes for waiver issuance, I was in a similar situation to Jonsie25 last year. I was also recommended for a waiver of ineligibility at my interview. It then took 9 weeks before I received the email asking me to contact DX Secure and forward my passport to the embassy. It took a further 2 weeks for the passport to be processed and returned to me with the waiver inside.
Thanks for the info and will keep you all informed.

Does anyone know how long the waiver would take if i was given a L visa (Internal transfer) is it the sametime as a normal one? Could affect the possibility of the company transfering me
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Old Aug 17th 2011, 7:46 am
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Default Re: HELP! Travelling on an ESTA with a criminal record

Would have been a lot easier if you'd found your way to ticking "no" again lol
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Old Aug 17th 2011, 2:38 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by Resonate View Post
Would have been a lot easier if you'd found your way to ticking "no" again lol
It is a pain however pleased I'm going through the correct process. Work are talking about potentially internally transferring me at somepoint towards the end of the year so it would have been even more messy then!

Knowing my luck i would have been pulled entering the US and been banned so definitely the right way to do it.

Just have my fingers crossed that they give me the waiver it comes quickly due to work, they give me a multiple entry so i dont have to do this for a while and..... it doesnt take this long if the company does internally transfer me as this will cause problems as they will want me over there pretty quickly
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Old Aug 17th 2011, 2:40 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

First time I had one they gave me 6 months and 1 entry lol.

They have "recommended" 12 months and multiple entires this time. Now all they gotta do is open my file and tick "yes" Which apparantly takes 16 weekd "or more"

Jokers
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Old Aug 17th 2011, 2:47 pm
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Default Re: HELP! Travelling on an ESTA with a criminal record

Originally Posted by Resonate View Post
First time I had one they gave me 6 months and 1 entry lol.

They have "recommended" 12 months and multiple entires this time. Now all they gotta do is open my file and tick "yes" Which apparantly takes 16 weekd "or more"

Jokers
Did you apply for tourist or business? I apllied foe business, not sure if its any quicker?
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