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Parents Visiting - Criminal Record

Parents Visiting - Criminal Record

Old Aug 2nd 2018, 10:26 pm
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Default Parents Visiting - Criminal Record

Hi,

I moved to the US back in November 2016 and am now in Chicago happily settled. My parents who haven't really ventured outside Europe have now decided that they want to make the trip out to visit me (great!). Part of what has stopped them thus far is my Dad's reluctance to go through the US Embassy to get a visa due to a criminal conviction he got a little while back. Needless to say, he got this a while back and completely regrets his actions and his life has changed drastically since then. He has a conviction for ABH which ended up with a fine and community service (in Magistrates Court) with the Community Service being discharged so he just paid a fine.

I recognise that the US keeps the subject area grey and open for their interpretation but I would be interested to know anyone else who has had a similar experience/advice as to whether it is likely to be successful. He plans on going through the US Embassy in London and is in the process of collecting all of his documentation in preparation for an appointment.

Any experiences or opinions are greatly received.

Thanks!

Chris
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Old Aug 2nd 2018, 10:44 pm
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Default Re: Parents Visiting - Criminal Record

Hi, I can't help with the visa side of things, but you have posted this in the New Zealand forum, rather than the US section. Hopefully a Mod will come along shortly and move it for you - otherwise you may be better off starting a new thread.

I'm sure our US bods will be along shortly to help.
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Old Aug 2nd 2018, 10:51 pm
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Default Re: Parents Visiting - Criminal Record

That'll teach me to multitask and pay attention better! Sorry its in the wrong forum!
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Old Aug 3rd 2018, 5:52 am
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Default Re: Parents Visiting - Criminal Record

Generally an ABH isn't a CIMT so shouldn't stop him getting a visa. But the devil is in the detail of what actually happened. Also how long ago is a while back? To state the obvious if he doesn't apply he will not get a visa and nothing to lose by applying.
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Old Aug 3rd 2018, 1:10 pm
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Default Re: Parents Visiting - Criminal Record

Originally Posted by lansbury View Post
Generally an ABH isn't a CIMT so shouldn't stop him getting a visa. But the devil is in the detail of what actually happened. Also how long ago is a while back? To state the obvious if he doesn't apply he will not get a visa and nothing to lose by applying.
Yep thats who I figured the area was purposely kept grey. We are talking about 10+ years ago now.
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Old Aug 3rd 2018, 2:02 pm
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Default Re: Parents Visiting - Criminal Record

There will be some hoops to jump through, but it's doable. Make sure no flights are booked until visa in hand.
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Old Aug 3rd 2018, 3:03 pm
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Default Re: Parents Visiting - Criminal Record

Shouldn't he also get whatever court records he can to bring with him to the interview?
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Old Aug 3rd 2018, 3:58 pm
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Default Re: Parents Visiting - Criminal Record

He'll almost certainly be recommended for a waiver IMO - it'll take some time, but that's it.
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Old Aug 3rd 2018, 8:46 pm
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Default Re: Parents Visiting - Criminal Record

Originally Posted by civilservant View Post
He'll almost certainly be recommended for a waiver IMO - it'll take some time, but that's it.
Do you know what type of waiver/form. Can it be completed ahead of time and taken to the interview with him and given at the end of the interview if it is recommended that he apply for a waiver?
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Old Aug 4th 2018, 3:41 am
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Default Re: Parents Visiting - Criminal Record

D3 nothing for the applicant to do, assuming it is needed.
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Old Aug 4th 2018, 5:50 pm
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Default Re: Parents Visiting - Criminal Record

Originally Posted by Rete View Post
Do you know what type of waiver/form. Can it be completed ahead of time and taken to the interview with him and given at the end of the interview if it is recommended that he apply for a waiver?
No.

OP's father should complete the ESTA application first and answer the questions honestly, if it's not a CIMT then he may get an ESTA.

Assuming he doesn't (without knowing more it's hard to say), and he goes for an interview at the Consulate to apply for a B1/2 visa, he'll have to disclose what happened on his DS-160 (including any previous arrests). Along with that, he'll have to furnish an ACRO Police report which may or may not show detail on the crime but at a minimum will recognise that there is something on his record. You do not need court records or a Police Subject Access Request. Alongisde the ACRO, OP's father will need to fill in Form VCU-01 which can be found on the CPB website I think, a simple google will return it.

At the interview, the consulate official will decide whether he's immediately eligible for a visa or deem him ineligible and subsequently make the decision whether to recommend him a for a waiver of ineligibility. Generally the decision has already been made before you even get to the window.

I think it's highly improbable that he won't get a visa at all. The waiver request goes to DHS over here in the states and the decision (which is almost always positive), comes back in around 4-6 months.

It is a simple process that is merely time consuming. Fill in the ESTA form first - you never know.
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