terbergop

Hello,

Apologies if this has already been covered, but i couldn't find a post that covered my exact issue. I hope there is someone here willing to reply given the nature of the conviction.

In 2016, I was convicted of a crime involving "downloading indecent images". The amount was very minor and subjective, so i received a community order and 5 years on SOR. Could of took a caution but i didn't really know what was going on through the whole thing to be honest, but they were there and i pleaded guilty.

Anyway,

I am wanting to holiday in the USA multiple times over the next few years and into the future. I have mulled over lying on the ESTA form and i know the chances of me being caught are slim, but it could happen the 4th, 5th 6th time down the line and i will be permanently barred.

I am more interested in going down the VISA route.

Obviously, i will be denied a VISA given the nature of my criminal record. I was just wondering if anyone knows if i would be eligible to receive a Waiver of Ineligibility? I am hoping that honesty is the best practice in this case and it's been over 6 years since the conviction took place and i have an otherwise clean criminal record.

Has anyone heard of anyone in similar positons having successfully been granted a VISA with the waiver?

Thank you for taking the time to respond.

Nutmegger

There’s a whole thread here with people who need a waiver:

Nonimmigrant Visa Waiver of Ineligibility Application

terbergop

Thank you.

I did search individual threads but i found that not long after. I'll have a long sift through and see if i can find anything similar.

civilservant

That's a pretty serious crime, and pretty recent too. I would hesitate to stomp on anyone's plans, but I think the chances of being recommended for a waiver here are slimmer than the majority of cases people post on here.

S Folinsky

Hmm. I am now retired from 40 years of practice of immigration law. Shall we say that your inadmissibility does not seem so “obvious” to my professional eye. You might not even need a waiver - but your post does raise questions. You may want to peruse the website of Norton Tooby.

Consultation with experienced and knowledgeable immigration legal counsel looks very much in order.

shiversaint

I am inclined to agree, exactly how this would be categorised is not that easy to see given the crime is quite indirect.

But, in some respects you could view it like using a drug - relatively victim free but the knock on effects of participating in the illegal drug trade are well documented.

This probably is a case for legal counsel for you to get a clear vision on whether you stand a chance, but I think it's unlikely a lawyer would change what a ConOff would determine. You don't have much to lose by trying an application, being truthful and stumping up the money involved.

civilservant

You know... I would would like to reverse my previous position. For some reason my mind linked 'indecent images' with 'children' - which is obviously very serious.

I honestly do not know the answer, since the crime appears pretty nebulous. Consult an immigration attorney.

Pulaski

Indeed, depending on the images, and the peculiarities of what is considered obscene in the UK, what he was convicted of in the UK may not even have been a crime if he had been in the US at the time. .... As our esteemed co-poster, IIRC, has been known to say, the devil is in the detail.

PetrifiedExPat

OP can always apply for a Mastercard as well, to paraphrase some of your replies in the past!

In any case, something feels off here. Hope I'm wrong.

tom169

Probably because OP said “indecent images” and then “minor” in the next sentence.

S Folinsky

1) it may not be a CIMT. 2) Not all CIMT convictions entail inadmissibility.

S Folinsky

Although it did not involve a CIMT, details mattered in the adjustment application of a well known English “jongleur” - see Lennon v INS. Sir John’s lawyer, Leon Wildes, a very sweet man who I’ve met would claim that as an opera aficionado, he was unaware of Sir John before being retained. From what I heard from others, Mrs. Lennon had a reputation of being a client from hell, but took a liking to Leon. Leon’s son Michael took over the practice. His claim to fame is now from having represented a Slovenian model, Melania Knavs in her adjustment.

Nutmegger

Have you bestowed a knighthood on him?

S Folinsky

Mea culpa. I thought he had.

tht

You are probably thinking of the “Rocket man” Sir Elton John….