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USA visa for UK resident with criminal record question

USA visa for UK resident with criminal record question

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Old Jul 14th 2009, 5:17 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Although I'm self-employed, I earn my money by working anywhere in the world as all my work is done electronically over the web. My funds/salary is paid into my UK bank account, I can then spend that money in the USA whilst living there.

Confused about the VWP though, as a holiday maker you can visit for up to 90 days without one. Why would I need a VWP for 90 days?
You would need to use the VWP because that is the normal way UK citizens VISIT the US.

You can NOT work while you are in the US, even for yourself with your offshore business. You are really missing the point here!
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Old Jul 14th 2009, 5:19 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Anyone know of/recommend a UK-based immigration lawyer?
Use that link I just gave you and enter 'Great Britain' for a list of AILA members in the UK.
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Old Jul 14th 2009, 5:20 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Although I'm self-employed, I earn my money by working anywhere in the world as all my work is done electronically over the web. My funds/salary is paid into my UK bank account, I can then spend that money in the USA whilst living there.
Yes, you can spend the money you earned in the USA. Just make sure, if you DO get a B visa, that you do NOT do any work while you are inside the USA...not even electronically. The point was that as a self-employed person, you have no job to go back to in the UK, which is a strike against you for getting a tourist visa. You will need to show proof of your ties to the UK, and employment there is a strong one. If you're self employed, you don't have that tie to show.

Confused about the VWP though, as a holiday maker you can visit for up to 90 days without one. Why would I need a VWP for 90 days?
The VWP stands for Visa Waiver Program. It means you can visit the USA without a visa for up to 90 days. There is a form online called ESTA that you must complete before leaving the USA if you intend to visit on the VWP. Since you have a criminal history, you will most likely be denied use of the VWP and will have to go for a B visa, which could also be denied based on either your criminal past, or the fact that you don't have strong ties to the UK, plus the fact that you have a USC fiancee.

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Old Jul 14th 2009, 5:28 am
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Default Re: USA visa for UK resident with criminal record question

What if I just want to go on holiday to the USA, I don't need any visa for that surely. I just got back from a 3 week trip there and I didn't need anything, just a green slip I filled out on the plane. That entitles me to stay for up to 3 months.

It is all very confusing so I do apoligize if I'm "missing the point'.
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Old Jul 14th 2009, 5:30 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by meauxna
Use that link I just gave you and enter 'Great Britain' for a list of AILA members in the UK.
Link?
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Old Jul 14th 2009, 5:30 am
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Default Re: USA visa for UK resident with criminal record question

xdc,

Yes, you can do these things. But not legally.

If you are in the USA, and you are doing work, you are working in the USA. That is not allowed under the terms of the VWP or a B2 visa.

Regards, JEff


Originally Posted by xdcam
Although I'm self-employed, I earn my money by working anywhere in the world as all my work is done electronically over the web. My funds/salary is paid into my UK bank account, I can then spend that money in the USA whilst living there.
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Old Jul 14th 2009, 5:34 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
What if I just want to go on holiday to the USA, I don't need any visa for that surely. I just got back from a 3 week trip there and I didn't need anything, just a green slip I filled out on the plane. That entitles me to stay for up to 3 months.

It is all very confusing so I do apoligize if I'm "missing the point'.
You have just been to the US under the VWP - that's the Visa Waiver Program. In other words, no visa was required, for a stay of up to 90 days.

But, if you've got a criminal record then I don't think you were eligible to use the VWP, although hopefully one of the experts on here will confirm that. What box did you tick on the 'have you ever been arrested or convicted' box on that form?!? Surely you ticked yes.............which therefore means you were ineligible to use the VWP and should have applied for a visa.

Rene summed it up very well in her post above when she said "The VWP stands for Visa Waiver Program. It means you can visit the USA without a visa for up to 90 days. There is a form online called ESTA that you must complete before leaving the USA if you intend to visit on the VWP. Since you have a criminal history, you will most likely be denied use of the VWP and will have to go for a B visa, which could also be denied based on either your criminal past, or the fact that you don't have strong ties to the UK, plus the fact that you have a USC fiancee."

Hope that clarifies it a bit.

Last edited by christmasoompa; Jul 14th 2009 at 5:37 am.
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Old Jul 14th 2009, 5:34 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Link?
www.ailalawyer.com

The above underlined thing is called a "link". If you click on it, it takes you to a website. That's what meauxna was referring to.

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Old Jul 14th 2009, 5:34 am
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Default Re: USA visa for UK resident with criminal record question

xdc,

Don't plan on taking too many 'holidays' too often. Two in a row may be the end of it.

Regards, JEff


Originally Posted by xdcam
What if I just want to go on holiday to the USA, I don't need any visa for that surely. I just got back from a 3 week trip there and I didn't need anything, just a green slip I filled out on the plane. That entitles me to stay for up to 3 months.
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Old Jul 14th 2009, 5:35 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by xdcam
Link?
Post no. 12, on the first page of this thread.
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Old Jul 14th 2009, 5:35 am
  #26  
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by christmasoompa
You have just been to the US under the VWP - that's the Visa Waiver Program. In other words, no visa was required, for a stay of up to 90 days.

But, if you've got a criminal record then I don't think you were eligible to use the VWP, although hopefully one of the experts on here will confirm that. What box did you tick on the 'have you ever been arrested or convicted' box on that form?!? Surely you ticked yes.............which therefore means you were ineligible to use the VWP and should have applied for a visa.

Hope that clarifies it a bit.
Plus, it seems he didn't get ESTA pre-approved, which is a requirement now.

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Old Jul 14th 2009, 5:36 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by Noorah101
Plus, it seems he didn't get ESTA pre-approved, which is a requirement now.

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I'm going to go have some toast.
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Old Jul 14th 2009, 5:37 am
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Default Re: USA visa for UK resident with criminal record question

One would think that a person who works "electronically over the web" would know what a link is and looks like.

Regards, JEff


Originally Posted by xdcam
Link?

Originally Posted by Noorah101
www.ailalawyer.com

The above underlined thing is called a "link". If you click on it, it takes you to a website. That's what meauxna was referring to.

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Old Jul 14th 2009, 5:38 am
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Default Re: USA visa for UK resident with criminal record question

I'm going to microwave some popcorn.

Originally Posted by meauxna
I'm going to go have some toast.
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Old Jul 14th 2009, 5:39 am
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Default Re: USA visa for UK resident with criminal record question

Originally Posted by meauxna
I'm going to go have some toast.
Will you toast me a slice, please? With butter?
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