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Old Sep 12th 2004, 7:13 am
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does anyone know if I would need to declare a court appearance for trespass on the visa waiver?
I received a 6 month conditional discharge for it and I am not sure if it counts as a criminal record. I was under 18 and appeared in a youth court.
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Old Sep 12th 2004, 8:12 am
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Default Re: visa waiver programme

Originally Posted by channy
does anyone know if I would need to declare a court appearance for trespass on the visa waiver?
I received a 6 month conditional discharge for it and I am not sure if it counts as a criminal record. I was under 18 and appeared in a youth court.

THE VWP is a tourist visa......so i am assuming that you wouldn't need to declare that!
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Old Sep 12th 2004, 9:40 am
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Default Re: visa waiver programme

I know of 2 people that have had minor convictions that had to get tourist visas as they were banned from using the VWP. You might want to check with the American embassy to be sure.
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Old Sep 17th 2004, 8:46 pm
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Default Re: visa waiver programme

undefinedhi there, can anybody give me some advice please
i have applied for a k1 fiancee visa to marry a us citizen and have been refused due to past criminal convictions (dishonesty crimes)
and i have a few questions about the appeal process :

1. what sort of information are they looking for on the hardship papers
2. is there a certain guideline/criteria with reference to the affidavit of support
3. would a confirmed job in the usa help my appeal process

hope someone out there can give me some advice thx
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Old Sep 18th 2004, 1:05 am
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Default Re: visa waiver programme

Originally Posted by scarletpimponel
undefinedhi there, can anybody give me some advice please
i have applied for a k1 fiancee visa to marry a us citizen and have been refused due to past criminal convictions (dishonesty crimes)
and i have a few questions about the appeal process :

1. what sort of information are they looking for on the hardship papers
2. is there a certain guideline/criteria with reference to the affidavit of support
3. would a confirmed job in the usa help my appeal process

hope someone out there can give me some advice thx
Er, you NEED a lawyer. For most would-be/ soon-to-be immigrants they are a huge waste of money, but in your case you NEED an EXPERIENCED immigration lawyer.
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Old Sep 18th 2004, 9:42 am
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Default Re: visa waiver programme

Originally Posted by justboy
THE VWP is a tourist visa......so i am assuming that you wouldn't need to declare that!
No offense, but you are wrong on both counts.

The VWP is NOT a tourist visa -- it is the opportunity for citizens of some countries to visit the States for up to 90 days WITHOUT a visa -- hence the "Visa Waiver" part.

Also, since the OP has an arrest record, he is ineligible for the VWP. Instead he will need to apply for a tourist visa.

From the website for the US Embassy in London:

http://www.usembassy.org.uk/cons_web.../add_crime.htm

Under United States visa law people who have been arrested are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for visas.

Please note that it does not say that those arrested as minors are exempt from this. To be sure, it wouldn't hurt contacting the US Embassy to find out.

~ Jenney
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