Blurb

Hi all,

I wonder if anyone can provide me with advice on a concern I have. I am moving to the states in the next couple of months and as such will be scheduling a visa interview in London fairly soon. I have a declare a drunk/disordely caution from 1999 which I appreciate may slow the visa processing (though hopefully not prevent entry!).

I previously visited the US on a holiday in 2007 and filled in the VWP form on the plane answering "no" to the CIMT question (which is a truthful answer as far as I am aware). My concern is that the US embassy website states you require a visa interview for any arrest/conviction without any reference to CIMT. At the time of my holiday in 2007 I was completely ignorant of this fact and travelled without scheduling an interview for a visa.

Obviously I am concerned that in my upcoming interview they will highlight this fact and it may count against me. I hope the fact I have completed every visa form truthfully (inc. VWP) will be satisfactory. Does anyone know if it is law that anyone arrested/convicted needs to apply for visa or is it just US embassy preference? I very much hope it is the latter! If anyone has any advice or experiences with a similar problem I would be grateful to have you input.

Thanks :curse:

crg

The information that the consulate puts out isn't based on the law. They most likely got tired of all of the phone calls from people asking if something is a CIMT or not. They decided to just tell everyone with an arrest to pay for a review of their case in the form of a visa application.

I really don't blame them. I suspect thousands of people called up with half of a story and wanted a 100% guarantee that they could enter the US without a problem and they wanted the guarantee for free.

If they call you on it, just explain that it's clearly not a CIMT and that you answered the VWP questions truthfully.

It shouldn't be an issue.

Blurb

Thanks for the advice. I hope you're right! I did get the impression from the language used on the website (i.e. "should" as opposed to "must") that it was not binding.

fatbrit

There's some other guy on here having a similar issue.

JAJ

The website may say that, but the law does not mandate it.

http://britishexpats.com/wiki/Visa_Waiver_Program

Blurb

Thanks JAJ. It's useful to see that link.

Fatbrit - Thanks for you input but I think the two cases are very different.

fatbrit

Your VWP entry is neither here nor there as a DUI is not a CIMT. However, what to expect regarding complications with your visa will be on that thread -- screen for alcoholism at medical, psych evaluation, etc.

Blurb

OK but I would I would be surprised if it was deemed necessary for the medical and psych. evaluation in my case.

The US London embassy website does say it may be required for those convicted for drink related offences. However the Belfast embassy is more specific and says the medical MAY only be required for a DUI case.

In any case, I plan to provide a doctor's note to prove I have no history of alcoholism.

fatbrit

With ya! Sorry -- I misread your D&D as DUI. Mea culpa!

ian-mstm

On what type of visa?

Ian

Folinskyinla

Hi:

If you can, get the paperwork for the 1999 arrest and caution. You declare it, they look at it, more likely than not will go "no problem" and move on.

spanishfly

Its by no way the same thing as being arrested for D+D and I am only travelling to the states for a holiday, but i went to the Consulate in Belfast recently for an interview and to obtain a Visa as i was arrested for posession of Cannabis.

I was 100% truthful on my application and in the interview and they did not seem to be all that interested to be honest with you and told me that there was no problem and my Visa would be issued in a couple of days.

it arrived on Saturday.

Good luck!

ian-mstm

I think this speaks volumes to your character, and should serve as an example for others who might find themselves in a similar circumstance. It is far better to be honest than to try to get away with it. Kudos to you!

Ian

Blurb

Thanks for all the input. Hopefully it will not be a problem. I'll travelling on an L1 visa.

Blurb

I'm in the process of getting a police certificate to present at the interview though as the conviction is now spent I am unsure if the caution will actually appear!