vwp or visa, again!

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Old Jul 12th 2012, 7:21 pm
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Default vwp or visa, again!

I had great help on the canadian part of this forum so i thought i'd try the US side!
I was convicted for criminal damage in 1988 and was fined £150, i travelled to the usa in 2000 and as i had been arrested i applied for and got a 10 year tourist visa.
I intend to travel to the usa again soon but have read on this site that criminal damage is not a crime involving moral turptitude.
So the question is should i apply for an esta or bite the bullet and apply for another visa?
Thanks,any help is gratefully accepted!

Last edited by cole trickle; Jul 12th 2012 at 7:35 pm. Reason: spelling!
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Old Jul 12th 2012, 7:42 pm
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Default Re: vwp or visa, again!

Originally Posted by cole trickle
I had great help on the canadian part of this forum so i thought i'd try the US side!
I was convicted for criminal damage in 1988 and was fined £150, i travelled to the usa in 2000 and as i had been arrested i applied for and got a 10 year tourist visa.
I intend to travel to the usa again soon but have read on this site that criminal damage is not a crime involving moral turptitude.
So the question is should i apply for an esta or bite the bullet and apply for another visa?
Thanks,any help is gratefully accepted!
Give the ESTA a try.
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Old Jul 12th 2012, 7:43 pm
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Default Re: vwp or visa, again!

Originally Posted by cole trickle
I I was convicted for criminal damage in 1988 and was fined £150, i travelled to the usa in 2000 and as i had been arrested i applied for and got a 10 year tourist visa.
I intend to travel to the usa again soon but have read on this site that criminal damage is not a crime involving moral turptitude.
So when you applied for the tourist visa back in 2000, did you at that time think the crime was a CIMT? And that's why you applied for the visa?

So the question is should i apply for an esta or bite the bullet and apply for another visa?
If the crime truly is not a CIMT, then you don't need a visa. Just make sure (from a legal standpoint) whether the crime is or is not a CIMT (don't take a laymen's word for it on this forum).

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Old Jul 12th 2012, 7:48 pm
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Default Re: vwp or visa, again!

When i applied for the tourist visa in 2000 i thought you had to have a visa if you had ever been arrested,its only after glancing at this site that i discovered the whole moral turptitude situation.
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Old Jul 12th 2012, 7:51 pm
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Default Re: vwp or visa, again!

Originally Posted by Noorah101
So when you applied for the tourist visa back in 2000, did you at that time think the crime was a CIMT? And that's why you applied for the visa?


If the crime truly is not a CIMT, then you don't need a visa. Just make sure (from a legal standpoint) whether the crime is or is not a CIMT (don't take a laymen's word for it on this forum).

Rene
The fact that OP has already been granted a 10 year B2 strongly suggests that his offence isn't viewed as CIMT. But for the avoidance of doubt, the official guidance from the FAM is here:

http://www.state.gov/documents/organization/86942.pdf
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Old Jul 13th 2012, 6:08 pm
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Default Re: vwp or visa, again!

Reading through the attatched us embassy notes i think criminal damage of property is not a cimt,think i'll give an esta a try and see how i get on,thanks for the advice.
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Old Jul 13th 2012, 9:15 pm
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Default Re: vwp or visa, again!

I have recently been issued a 10 yr ME visa with a non CMT conviction.
At the interview I asked whether I would need another visa when this one runs out and was told I would
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Old Jul 13th 2012, 9:57 pm
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Default Re: vwp or visa, again!

Originally Posted by unic
I have recently been issued a 10 yr ME visa with a non CMT conviction.
At the interview I asked whether I would need another visa when this one runs out and was told I would
Which doesn't mean anything for the OP because:
  1. every case is different
  2. the information that you were given may or may not be correct and, in any case, only pertains to your specific situation
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Old Jul 14th 2012, 2:47 am
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Default Re: vwp or visa, again!

Originally Posted by md95065
Which doesn't mean anything for the OP because:
  1. every case is different
  2. the information that you were given may or may not be correct and, in any case, only pertains to your specific situation
3. Ten years later it could all be different.
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Old Jul 14th 2012, 6:04 am
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Default Re: vwp or visa, again!

Originally Posted by md95065
Which doesn't mean anything for the OP because:
  1. every case is different
  2. the information that you were given may or may not be correct and, in any case, only pertains to your specific situation
Please accept my apologies. I was labouring under the dual misconceptions that

1. This is a discussion forum
2. Recent experience of a similar situation may be of help.

Guess I'll crawl back under my stone
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Old Jul 14th 2012, 7:18 am
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Default Re: vwp or visa, again!

Originally Posted by unic
Please accept my apologies. I was labouring under the dual misconceptions that

1. This is a discussion forum
2. Recent experience of a similar situation may be of help.

Guess I'll crawl back under my stone
Trouble is, in this kind of situation, every case does have the potential to vary by a huge amount. Useful to have another statistic though, even if it's hard to compare.
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Old Jul 14th 2012, 7:42 am
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Default Re: vwp or visa, again!

Originally Posted by unic
Please accept my apologies. I was labouring under the dual misconceptions that

1. This is a discussion forum
2. Recent experience of a similar situation may be of help.

Guess I'll crawl back under my stone
Yes, it is a discussion forum which means that you must expect people to comment on the things that you post.

I did not intend to suggest that you should not post about your own experience.

The problem, however, is that you really have no idea how similar or different your experience is to that of the OP and I was concerned that the OP who, like you, is very new to this forum might assume that what you were told would necessarily also apply to them.
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Old Jul 14th 2012, 7:44 am
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Default Re: vwp or visa, again!

Seems to me the notion of 'once a visa, always a visa' might be a sensible option. Immigration are very likely to have records that previous travel was under a visa and I would imagine a VWP entry could be viewed with suspicion.
Hope OP comes back to us with ESTA result
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