rpm27

Hi everyone i'm looking for some advice on my situation. Me and my girlfriend want to travel to New York but my criminal record looks to be a potential problem. I know theres alot of threads concerning this situation but i'm wondering if anyone has been in near enough the same situation who can help me. 3 years ago i was convicted of posession of an offensive weapon but from what i can remember I wasn't charged with intent to use it. I won't go into too much detail but it was a drunken mistake which involved me running into a friends house to get a knife while people were fighting. Since then i have grown up alot and i'm so embarrassed to even talk about the situation now so I hope no one on here really judges me for this. I know the preceadures I have to go through to try an qualify for a visa ( police certificate and a trip to US embassy in London etc ), so i'm just after anyones own experiances on this.

Thanks in advance for any help.

Noorah101

BEFORE you apply for a B-2 visa, do a lot of research or have a consultation with an immigration attorney to determine whether your crime is a CIMT (Crime Involving Morale Turpitude).

If it is NOT, you can apply for ESTA and travel on the VWP if approved.

If it IS, THEN you need to apply for a B-2 visa.

If you apply for the B-2 visa when you didn't need to, and it's denied, it WILL affect your ability to then apply for VWP travel.

Rene

JSL8610

I agree with Rene. Find out exactly what you were convicted of and read up on whether that's a CIMT or not. If it isn't, you can happily tick 'no' to that question on the ESTA form. Don't apply for a B2 visa until you're absolutely sure you have to.

James

rpm27

From what i've read and been told you're ineligable for an esta for simply being arrested even if it didn't lead to a conviction. A friend of mine has been in a similar situation bit has actually been in jail. He has been granted a visa on two occasions but recently tried to obtain one and was refused which i find strange. I'm starting to think there's an element of look involved on the day depending which person you see in the embassy and what kind of mood they are in.
Thanx for your previous replies.

civilservant

Wrong. The second part of the question regaring arrests and convictions is 'for a crime involving moral turpitude'

Thats the key part of the sentence.

DavidLemon

Not sure who told you this but here is some advice. Stop asking this person for any more advice regarding this subject.

rpm27

Having just been on the US Embassy website and answering questions regarding an ESTA, I was asked this question.
" Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record? Please note: the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you are unsure, press YES. "
After pressing YES the next page explained minor motoring offences then asked of my conviction came under this catagory. Pressing NO took me to a page that immediately said I was Ineligable and would have to apply for a full Visa. I am still going to get legal advise before i submit any applications just to clear everything up.

DavidLemon

Alot of people make this mistake of phoning the US Embassy. They can not answer questions on an individual basis as they are not really trained to do so. Therefore they use a blanket response to all inquiries stating that an application is required. However this is simply not the truth.

If your arrest was not for a Crime involving Morale Turpitude, then you are legally allowed to tick NO to the question on the ESTA application. You do need to ensure that the case above is correct so it might be prudent to research CIMT and look up to see if your arrest is or is not a CIMT.

If this is a no, then like i mentioned earlier you are eligible for ESTA and as long as there are no other factors to take into consideration you should be approved.

This subject is covered here in the forum a heck of alot. People believe the US Embassy and then they get in for an interview for a B2 and it transpires that they were eligible for the VWP and have the B2 denied. At this point they believe that they can go for the ESTA application and find that due to the B2 denial they are now not able to use this for a temporary period of time.

You are wise to talk to an immigration attorney, they should be able to get you on the right path so that you can avoid any unnecessary and potentially costly mistakes.

ian-mstm

Bzzzt... wrong!

Ian

ian-mstm

The web site is wrong! At the very least, it does not actually reflect the law.

Unless your offense was a CIMT, you are free to use the VWP.

Ian

rpm27

Have any of you been in this situation? I hope you can forgive me for being a bit weary over this.

materialcontroller

Yes I've had to apply for a B2 visa due to having an extensive criminal background including CIMT's.

fatbrit

And what, pray, does the US Embassy have to do with ESTA? It's like asking the water utility company what to do when your electric power fails.

zerlesen

... and then the electric company shuts your power off when they find you've been taking too long in the shower.

materialcontroller

There really isn't any need to be such a facetious smartarse. The forum does not exist for you to derive personal gratification from baiting new members with obtuse sarcasm.

The embassy of any country is usually the first place people go when looking for advice about immigration matters. And why not, given that an embassy is the official presence of a country on foreign soil? It's the most intuitive thing to do.

Now we all know that things are a little confusing when it comes to US immigration because we're all experienced on some level. I'm just wondering how you expect somebody with no prior knowledge to understand the subtle nuances of the US system.