applicantWithinUK

Hi,

I know this has been discussed previously, however I want to be absolutely sure about this since is an important point.

I was taken into court 2 years ago here in the UK supposedly as I had ignored paying a speeding penalty fee (I honestly never got any notifications to pay this in the first place). For this the police came to my flat and took me to the court. On the day the judge found me "admonished" ("Absolute Discharge").

In the form DS-160, there is a question
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

Do I need to say yes to this?

The reason I am asking is that the question is quite strong I think as is talking about "pardon, amnesty or other similar action". I am concerned that by saying yes, my visa application might get rejected.
How likely is for the visa application to be rejected?

ian-mstm

No, you don't.

Ian

applicantWithinUK

Hi Ian,

Thanks for the quick response!

Now, on several places on the embassy's web site it says that if the person has committed any convictions, even if they are minimal, this should be declared. I am concerned that, although this one is a very minor one, they might think that I am lying. Any steer on this?

jeffreyhy

Is this really what is says? Or have you made a word substitution?

Regards, JEff

Ray

That was an arrest

applicantWithinUK

Hi Jeff,

This URL
http://london.usembassy.gov/add_crime.html
says
"The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction and apply for a visa."

What do you think?

applicantWithinUK

So does this mean to you that for the question in form DS-160

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

The answer should be yes or no?

applicantWithinUK

Thanks for the response; really appreciate the time you take on this.

I do have a spent conviction due to the situation explained above (i.e. "I was taken into court 2 years ago here in the UK supposedly as I had ignored paying a speeding penalty fee (I honestly never got any notifications to pay this in the first place). For this the police came to my flat and took me to the court. On the day the judge found me "admonished" ("Absolute Discharge").")

Since they ask you that "even travelers with a spent conviction are required to declare the arrest and/or conviction and apply for a visa" (taken from http://london.usembassy.gov/add_crime.html) I am concerned that by not declaring the above, they think that I am lying and revoke my application. Any views on this would be mostly appreciated.

Noorah101

The question on ESTA asks about CIMT crimes only.

The question on a visa application asks about ALL arrests.

So when filling out a visa application, you need to check "yes".

Rene

materialcontroller

Yes, you need to declare the offence for your visa application. You will also need to acquire an ACPO certificate and possibly records from the court or police as well.

Ray

http://www.acro.police.uk/police_certificates.aspx

lansbury

One wonders why he is asking about a B2 visa. If he thinks he needs a visa because of the arrest the distinction in your reply is very relevant.

materialcontroller

I don't think the arrest is the most relevant factor. The OP isn't a British citizen but is living in Britain on a Tier 1 visa and has had two previous B2's valid for 5 years each.

crg

You disclose the arrest on the visa application and show records. The consulate won't give a hoot about the traffic arrest. It means next to nothing to them, but it needs to be disclosed.

lansbury

Thanks I had missed that bit.