Sean.lar

Hello this might be the wrong place to submit this info but basically, I was unsure if I was able to use esta so I called the us embassy in London to ask them as I have been arrested for a non moral turpitude offence drunk and disorderly and was advised I needed to apply for a ds-160 and pay $160 then get a acpo for £80 as I needed it quickly I then went for an interview which meant travel costs etc and upon arrival was told I needed to have a medical at £270 which I did on the day, after some more research it turns out I am perfectly eligible to use the vwp!! I have no idea as to weather or not they are even going to issue me a visa but as it stands I have a denied letter niv221(g)D. I was misinformed by the embassy and it has cost me hefty also my trip is not lookin like it will go ahead as I'm due to fly on 27/2/13 all my plans and reservation have been made inc flights, hotel and tickets for events none of which is refundable and one event I have booked is a once in a life time thing as it will never be happening again due to the group splitting up after they finish this current tour. I was clear about my intentions of a 4 night stay in New York and that my offence was non moral turpitude so why wasn't I adviced I could travel on vwp or even when I went to the embassy they should have told me there, both the officer and doctor said there was no issue and that I qualify, yet the officer didnt advise I should just go under vwp, is there any thing I can do?? Please help

Jerseygirl

Hi...welcome to BE.

I have moved your thread over to the US Immigration and Visas forum. I'm sure someone will be along soon to help you with your questions,

Noorah101

What is this for? Admin Processing? Did the embassy request any further paperwork from you that you need to return to them? Did they keep your passport, or did they return it to you?

You say you don't know whether they'll issue the visa (which makes it sound like a decision is still pending), but then you mention a denial letter (was the visa denied, or is a decision still pending)?

Quite simply, because you called the wrong people to ask for help in the first place (a common mistake). The embassy isn't there to decide for you whether you can use the VWP or whether you need a visa. They will always suggest going for a visa, to play it safe on their part. Plus, if the embassy gives you bad advice, and you follow it, and it's wrong, they are not legally held responsible. The correct person to consult with would have been an immigration attorney.

I guess right now all you can do is wait out the pending time on the visa application and see if it gets approved in time or not.

Rene

Sean.lar

They returned my passport and I had a medical which I was told was to determine weather or not I have a dependancy on alcohol which the doctor said clearly I don't and she would put that in her report to the embassy but basically I have to wait until they have the report back from the doctor and then they will continue processing my application. It's not so much a case of in time more that they are still going to reject it any way because it is a recent offence kinda why I panicked and went down the wrong path and shot myself in the foot

visanewbie

How recent is your offence? And do you have any other convictions?

If this is your only conviction, and your medical is clear, hopefully you will be OK.

It's probably because of how close your conviction is as to why they referred you for the medical.

Sean.lar

It was New Year's Eve 2012/2013 had too much too drink and on my way home got caught short and it was either pee in pants or a bush so I done the obvious bush, turned around and had handcuffs slapped on me. This was the first and only time I have been in trouble with the police other than that I have a clean slate.

Ty for answering

Noorah101

I'm really sorry you got steered in the wrong direction. Hopefully your visa WILL be approved, and in time for travel.

If it gets denied, you will need to declare the denial on all future ESTA applications if you want to use the VWP. You can expect ESTA to get denied for many months after a B-2 denial.

Rene

visanewbie

Ah I see, with it only being last month it's policy that they have to send you for a medical to see if your alcohol dependant. At least you know that your medical is clear.

To be honest, it is probably best you applied for the visa, even though there are no questions on the ESTA for the VWP about being arrested for crimes not of moral turpitude, sometimes they ask you if you have been arrested on the border. It would have then been up to you whether you answer yes and explain the situation or answered no and risked getting caught.

The positive thing is that the embassy is quieter this time of year, so hopefully you will have your reply soon. Good luck, and I hope you are approved.

Sean.lar

Thank you for some positive feedback, I did ask they guy at the embassy what were the chances of it being done in time and he said very good but like he also said most case involving an alcohol related offence that happened with the last year are denied but he did stress most and not all so who knows.

Regards Sean

visanewbie

I've heard of more serious alcohol related crimes being denied, but hopefully they'll view yours as just a mistake which doesn't reflect on your character!

Fingers crossed for you and please keep us updated with your progress!

DavidLemon

Of all the years I traveled to the US as a tourist, I have never once been asked that question. In fact as a tourist unless you were a serious criminal on some watch list of sorts, the most serious question you will be asked is purpose of visit and duration. The odds of them then saying. Oh by the way have you ever been arrested. Well you have more chance of Lance Armstrong getting a pardon and being allowed to compete again than that popping up at the border. Even if they were to be bored and ask, they will not have a record of the offense so they would only be relying on your honesty.

visanewbie

I didn't say everyone gets asked at the border, but all it takes is a quick read of people's stories on here and other forums to realise that sometimes they do ask this question.

To me, honesty is the best policy and I'd rather have a visa knowing I have no worries when I land. The point is regardless now anyway, as Sean has applied for a visa so can't travel on the VWP anyway now.

We're just trying to help and reassure people here with personal stories and opinions, you'd do well to remember that.

Anyway Sean, don't forget to keep us posted!

materialcontroller

Just to be clear about this, your worries may not be over when you land. Even with a visa you can still be interrogated and denied entry.

visanewbie

Yes I completely understand that, but I can board the plane knowing I have done everything possible to gain entry! And anything they ask me in interregation I can answer honestly and there will be nothing I haven't already said in my visa interview!

So many negative people on here when positivity is all I'm trying to spread! Such a shame!

Anyway, this thread isn't about me, if you have a problem you can contact me directly!

Sean.lar

Why do people try and scare people into thinking they won't be ok, yes I'm sure if ur jumping around of your face and making a fuss or if u give them a reason you would be denied but If you have been honest and are not playing up why would they send you home, it's because of comments like what u have just said that led me to believe I need to apply for this ds-160 in the first place which turns out I didn't what so ever.

Any way it occured to me my Visa is still pending so technically speaking I havnt been denied so can't I still answer the question have you ever been denied a visa with "no"?