visa???

[marv]

It seems tthat we will be treaveling to the embassy to require visa,s. My husband has a conviction from 7 yrs ago and was fined and myself had points on licence for speeding.
We went to USA last year on the waiver i really didn,t no i was doing wrong and now am worried we will be deported if i dont get a visa.
I would like to ask some Q please
1 when applying to scotland yard for details of convictions is this all you need to take to the embassy to prove what you have done wrong in the past?

2 what Happens if things you know have happened 20yr ago dont show up at scotland yard does that meen its ok to travel on waiver if not how would you find proof of an arrest or caution?

3 What are the people like at embassy that interview you do thay put you through more suffering?

4 Has any body been turned down for a visa and what were the reasons?

[Nostromo]

If your husband had a conviction 7 years ago, I guess you will need to report it and apply for a Visa. The fact that you did not declare it while completing the VWS form for the earlier trip could become an issue, but their decision might depend on your explanation and the seriousness of that conviction.

I can certainly say that your own speeding points should not be an issue if you have paid the fixed fee promptly. I had 6 points on my licence and checked with the US Embassy before deciding. I was clearly told that I could use the VW and did so without problems.

[athurstance]

It says on the US embassy website that traffic convictions which did not result in arrest do not count.
I have no personal experience of applying for a visa but from what I have heard from other people the most likely reason they will refuse you a visa is if they don't think you are just going there on holiday. So if you have just changed your job for instance, or have no permanent place to live - that kind of thing. The fact you have previously entered under the visa waiver probably won't count against you as the rules weren't so strictly enforced before and I think they take this into account.
From reading on the various boards it would seem most people get their visa so your husband should apply in plenty of time. And make sure he takes all the documents they ask for with him.

[marv]

Thankyou for your replys i have started the ball rolling and have sent off forms to find out all convictions as husband got upto no good when young, petty stuff nothing too seriouse.
I honastly did noy realise i was doing anything wrong last time we visited US,when we booked the holiday we wern't told of any of the issues that i now know about. When signing waiver forms i was so excited about going to disney i really didn't take any of the forms in and the question on any convictions was answered with a no as i thought the convictions were spent and did not need to be declared.
Were travelling with three young children, have our own business,own our home so do you think that will be enough to make them see that we will come home?

[Robert5988]

<blockquote id="quote" class="ffs">quote:I can certainly say that your own speeding points should not be an issue if you have paid the fixed fee promptly. [/quote]
Nostromo,
So where do the regulations state fixed penalty or paid promptly?

Are you saying that if it was not a fixed penalty you need a visa?

Are you saying arrested is not the issue now?

Just seeking clarification for those who seek advice

Robert

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Robert5988

Robert, we have been through this so often that I am repeating myself so here goes. [b]Remember that I am only quoting what I was told on the phone by a staff member of the US Embassy in November 2003 and if you think that this clashes with what it says on the official regulations or what you believe, please take it up with the Embassy. I am not going to discuss this again. And please do not start quoting the Embassy regs again...I think all of us have heard those enough to last a lifetime.

I had 6 penaly points for speeding (in the line of work), both of which had been paid via the fixed penalty well within the deadline. Nevertheless, I just wanted to be absolutely sure since this was my niece's dream holiday to Florida and I wanted nothing to go wrong. So, in November 2003, I rang the US Embassy in London and after a good deal of to-ing and fro-ing, was eventually connected to a man who seemed to know what he was talking about very clearly. When I explained my situation to him, he told me that I could use Visa Waiver since I had not been convicted of a crime and had not gone to court. I then clearly asked him "Just for the record, what would have happened if I had challenged this fine and gone to court?". His answer was that if I had still been found guilty by the court, I would no longer be able to use the VWS and would need to apply for a visa since this counted as a conviction.

Once again, I am reminding you that I do not consider myself as being savvy with the US Immigration rules and am only quoting what I was told by the US Embassy official in November 2003. If you think he was wrong and you know better, please take it up with them if you wish. I have nothing more to say on this with reference to myself.

[athurstance]

This is what it says on their website:

<blockquote id="quote" class="ffs">quote:Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified[/quote]

I read that as being if it was a ticketed offence that is ok but if you went to court and were convicted of a traffic offence or were actually arrested that would be different.

There is some really useful information about who is eligible on this page:
http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

[Robert5988]

Nostromo,

You have frequently commented on traffic offences and the Visa Waiver scheme. Some of your quotes below: (my italics etc)
<blockquote id="quote" class="ffs">quote:I rang the American Embassy well in advance to check if I could use the VW scheme and they told me that [u]I could do so as long as there was no arrest</u> - which there was not.[/quote]
<blockquote id="quote" class="ffs">quote:If, say, a person was sent the option of a fixed penalty but was unable to pay it within the stipulated 28 days because of an uninformed address change or being on holiday, would that count as an additional offence (so become more than just a 'minor' one) and compromise eligibilty for VWS? [u]Just asking</u>.[/quote]
<blockquote id="quote" class="ffs">quote:Therefore, [u]can it be </u> that we, having paid the fixed penalty, were not considered as having been convicted but would have been had we gone to court? But Tonish's wife had to go to court for the reasons described by him and so is now in a position where she cannot use the WVS unlike you and I.

[u]What do you think?</u>
[/quote]
<blockquote id="quote" class="ffs">quote:[u]My own deduction </u> from this is that [u]all the confusion</u> revolves around interpretation of the word "conviction" in relation to fixed penalty offences. There is no doubt that drivers who received fixed penalty fines and paid those promptly (like I have done twice), do NOT require a visa and can use the VWS.[/quote]
Then suddenly, when put on the spot, this quote comes out of the blue!!!

<blockquote id="quote" class="ffs">quote:When I explained my situation to him, he told me that I could use Visa Waiver since I had not been convicted of a crime and had not gone to court. I then clearly asked him "Just for the record, what would have happened if I had challenged this fine and gone to court?". His answer was that if I had still been found guilty by the court, I would no longer be able to use the VWS and would need to apply for a visa since this counted as a conviction.[/quote]
How strange that you didn’t think to mention such a definitive statement from the Embassy before. One wonders why you posed all the questions and made deductions in your earlier in your earlier posts when you apparently knew the answers.

Really Nostromo!!

The sadness of this thread is that such statements cause such huge, and unnecessary, worry to so many people.

[athurstance]

Actually I think Nostromo was putting forward some different situations and the potentially difference in position with the visa waiver. What he has said is absolutely right as you can see by the link I posted for the US Embassy website.
There is also no doubt that the whole visa/ no visa situation is extremely confusing for many people that's why there are so many questions about it.
At the end of the day the only way to be sure about your own personal situation is to contact the embassy (as Nostromo did) and put forward your case. Then if you need a visa apply as early as possibble to give the process as much time as you can.
Many people have convictions and are still given a visa to enter the US. Just because you aren't eligible for visa waiver doesn't mean they won't let you in - simply that your personal case has to be looked at.

[Robert5988]

Angela,
The argument is not about whether you will be let into the USA(by obtaining a Visa) or not, it is about eligibility to use the Visa Waiver Scheme.

There have been a number of threads about this subject see:

http://www.orlando-guide.info/forums/topic_17091_2.asp

It takes time and money to visit London/Belfast to obtain a Visa and it simply is not necessary for many people.

After months of contributing to this subject, it is outrageous for Nostromo to suddenly claim to ‘remember’ a different version of his conversation with the US Embassy.

Robert

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Robert5988
Nostromo,

One wonders why you posed all the questions and made deductions in your earlier in your earlier posts when you apparently knew the answers.

Really Nostromo!!

[/quote]

Robert, I don't think that I am really obliged to reply to such patronising and overbearing queries that you have made above. But I will, simply for clearing up my position. I have already said that I did not know the answers beforehand since I do NOT consider myself knowledgeable in these confusing Visa matters. My 'deductions' were based entirely on what I was told by an Embassy official 14 months ago and it appeared to me that everything revolved around interpretation of the word 'conviction'. While I was happy to quote what I was told, I did not feel confident enough to hammer home the point (like some people I know) for the queries by others, which were often for scenarios different from mine.

[markandpam]

As Angela stated the only way that anyone can be absolutely certain of their eligibility to use the Visa Waiver is to get in touch with the embassy direct. People post on here about their own personal experience and I for one find it very helpful. I do not however rely 100% on what they say, I use it as general information and would ALWAYS check with the appropriate body to ensure I knew the actual facts. If someone can't be bothered to phone or contact the embassy then its their own fault if they get things wrong.

Pam.

[steph_goodrum]

This is what we have always maintained, Pam. Any comments given on here are merely our own understanding of the regulations and should never be taken as definitive advice as to whether a person is eligible for entry under visa waiver regulations.
Unless a person can truthfully answer "No" to all the questions on the back of the form (and it's not just about convictions - also includes mental health, drug use etc), then the onus is always on them to confirm with the US Embassy (in writing is always best so you have proof if required) as to eligibility.
The travel agents/airlines may give some information but if anyone is goind to travel to any country in the world it is up to them to ensure that they comply with any visa requirements rather than assume they will be told of them.

[Steve and Dawn]

I Agree with Angela & Pam, that is the way to go Contact the Embassy. Nostromo was quoting his situation. We have heard from several people concerning this topic throughout this forum and indeed some peoples experiences do differ. So for everyone's piece of mind the should contact the Embassy in writing to clarify their position. (As Nostromo did). I think we can all agree to disagree on subjects, in fact, it's good to have a "heated debate" as Mrs Merton would say, without being condecending and pompous.


Steve & Dawn

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Steve and Dawn
I Agree with Angela & Pam, that is the way to go Contact the Embassy. Nostromo was quoting his situation. We have heard from several people concerning this topic throughout this forum and indeed some peoples experiences do differ. So for everyone's piece of mind the should contact the Embassy in writing to clarify their position. (As Nostromo did). I think we can all agree to disagree on subjects, in fact, it's good to have a "heated debate" as Mrs Merton would say, without being condecending and pompous.

Steve & Dawn
[/quote]

My sentimants excatly, Steve & Dawn - thanks. As you say, it is best to get it right from the horse's mouth, in which case the passenger in question will have no one else to blame if things don't go as expected. When I phoned them, I was told that I could use the VWS, and I did. But someone else with only a slightly different situation (eg the case going to court) might have been advised otherwise by the Embassy. In that case, I agree that the safest option is to follow what the Embassy official advice than try to throw the rule book at them and end up shooting one's own foot.

[Robert5988]

Nostromo,
It is not in dispute that someone should contact the Embassy if they have any doubts about eligibility. However it may be better to do so in writing as(to quote Sam Goldwyn) a verbal statement is not worth the paper it is written on! – and one’s memory can play tricks.

Blunt, patronizing, overbearing or not, you are perfectly aware why I asked that you hadn’t seen fit to mention such a definitive statement beforehand; and you have evaded answering.

Robert

[chrizzy100]

I think we are losing the point to the forum .......the people who give their time here are not lawyers....they are only saying what happened to them.....and posting helpful links in some cases...in the end it all comes down to the people asking the question to phone or writing and finding out from the horses mouth....this is just first step advice....and should only be used as such......