View Full Version : Special Visa required - MOC Not available
The Cook crew
14-02-2005, 21:23
Can anyone give advise on what to do if your Memorandum of Conviction isn't available from the courts. We've tried to contact the National Identification Service but keep getting a recorded message. Is the letter from the court stating offence details are not available enough to present to the US embassy or do we have to write to NIS. If this is the case has anyone had to do this and how long does it take. Many thanks for any help.
was any reason given for the memo of conviction not being avail, was it due to time lapse. prob on old microfilm or something daft ?
dont know if visa people would accept anything else. try contacting the asu(admin service unit)(paperwork people) or the court liason of the police station from where the summons was issued.they may have an angle on it or be able to get you a copy of convictions from the pnc(police national computa!).ive seen convictions of people going back into the 60's, so if the offence was recorded it should still be there
might help[8D]
The Cook crew
15-02-2005, 02:03
The reason given was no computerised records were kept in 1988 and unless specific dates are available the clerk has got no chance sifting through millions of case files. The court will however, send a letter stating no memorandum of conviction is available, so have just contacted local police force to see if they hold details. Fingers crossed will hear back soon [confused]
pnc could be your man. which force is it by the way?
dodgey memory
15-02-2005, 13:43
I don't know if this will be of any help but my husband is in a similar position. His arrest was 22 years ago and no MOC is held. He applied to the relevant police force for a subject access under the data protecetion act. This shows any information held on the police national computer. This has now been returmed showing no records held. BIG DILEMA does he go through the proper channels and apply for a visa or just sit tight and carry on ticking no? Yes I know this is still a lie and illegal (nasty sounding word that). But who's to know? Immigration even if they select him for a check will find nothing. His arrest was 22 years ago for heavens sake for b of p. Oh I don't know!BIG DILEMA
if no memo of conviction is available from the court, and no convictions are shown on the country's 'conviction database'. then i would challenge your husbands memory!!! if you know what i am saying.
how do we believe the americans check if we are telling the truth.??
where else could they go to check if there are any convictions held against someone? look for the retired policeman who did the arrest?
i would personally just 'fag ed abou dit'. as they might say in brooklyn and smile at the visa waiver clerk![msnwink]
after reading your reply further, i note re the breach of the peace. the offence falls under common law in england and as such is not a crime.there wouldve been no charge no conviction and no pnc record anyway. consider it, as what it was - a free ride in a police car away from a heated situation
dodgey memory
20-02-2005, 17:17
Thanks trevlad I think we have decided not to apply for a visa for my husband to travel on the basis that there is no record to check it was 22 years ago and for such a minor offence. I can hear the gasps of amazement all round.[msnwink] Sure we have made the right decision.
floridadreamvilla.co.uk
20-02-2005, 20:00
That's your decision but you could be turned back on arrival in the US and given an automatic 10 year ban from visiting the US again. We cannot be seen to condone that on here (you would be surprised who reads these forums) but if that's your decision...
<blockquote id="quote" class="ffs">quote:Originally posted by dodgey memory
Thanks trevlad I think we have decided not to apply for a visa for my husband to travel on the basis that there is no record to check it was 22 years ago and for such a minor offence. I can hear the gasps of amazement all round.[msnwink] Sure we have made the right decision.
[/quote]
The Cook crew
20-02-2005, 20:40
An arrest for any reason usually results in finger prints being taken regardless of if your guilty or not. Correct me if I'm wrong but don't US immigration now take finger prints from all incoming immigrants as part of VWP? I've no idea how US immigration can check for paperwork on previous convictions or arrests, but finger prints, well that's a different matter[msneek]. My advice to anyone travelling to US who has ever been arrested or convicted is to be honest. We have already booked and paid for flights in May and stand to lose a lot of money if a B2 visa is refused. However, we would rather lose this money if declined a visa than have the scenario of being arrested and deported. It would be far too distressing for the family especially the children.
E. Cosgrove
20-02-2005, 21:21
you are quite right you do get fingerprints and photos taken on arival in the US. The immigration authorities are not exactly going to publish how they get their information are they?I agree it's just not worth taking the chance. Big Brother and all that[msnwink]
Nostromo
20-02-2005, 22:57
<blockquote id="quote" class="ffs">quote:Originally posted by dodgey memory
Thanks trevlad I think we have decided not to apply for a visa for my husband to travel on the basis that there is no record to check it was 22 years ago and for such a minor offence. I can hear the gasps of amazement all round.[msnwink] Sure we have made the right decision.
[/quote]
It is only my opinion DM, but I think you have made a wrong decision in not applying for a Visa. If the arrest was 22 years ago for a minor offence, then there is a very good chance that he will be granted a Visa on application by the straightforward method. But by deciding to try and use the VWS, you could be risking stiff penalties if found out. Remember that you said your husband recenlty appled for subject access; a copy of that application will be on record even if the police returned the original to you claiming 'no records held'. If that info is forwarded to the US Immos as a matter of course, your husband could be in a dodgy position on arrival at MCO on a VWS.
chrizzy100
21-02-2005, 02:43
<blockquote id="quote" class="ffs">quote:Originally posted by floridadreamvilla.co.uk
That's your decision but you could be turned back on arrival in the US and given an automatic 10 year ban from visiting the US again. We cannot be seen to condone that on here (you would be surprised who reads these forums) but if that's your decision...
<blockquote id="quote" class="ffs">quote:Originally posted by dodgey memory
Thanks trevlad I think we have decided not to apply for a visa for my husband to travel on the basis that there is no record to check it was 22 years ago and for such a minor offence. I can hear the gasps of amazement all round.[msnwink] Sure we have made the right decision.
[/quote]
[/quote]
I think your advice is good John.....friends of mine sometimes find me in open forums..I used the same id most of the time....and one is in US immigration......
[quote]Originally posted by The Cook crew
An arrest for any reason usually results in finger prints being taken regardless of if your guilty or not.
only in recent year or so has a power appeared to fingerprint all arrested. in past this only occured when charged with a recordable offence.
on an interesting big brother point, police in certain areas are now using computerised printing which is actually american and is linked to a us computer database.
in fairness dodgey mem. you could quite easily blag it but taking on board john,chrizzy,nostromo et al 's comments, with the apparent ease of getting a visa its probably better to be safe than husband less! and less of course that is the plan[msnwink][msnwink]
Nostromo
21-02-2005, 20:42
<blockquote id="quote" class="ffs">quote:Originally posted by trevlad
[i]With the apparent ease of getting a visa its probably better to be safe than husband less! and less of course that is the plan[msnwink][msnwink]
Trevlad! Must you put ideas into peoples' heads? Even if that wasn't DM's plan, you might have got her seriously thinking about it now! [msnoo][msnoo]
sorry nostromo!
but just think wouldnt it make for a great film script. just need to think of a name for it.....how to lose a guy.... no probably wouldnt work[msnwink]
dodgey memory
22-02-2005, 20:41
After alot of thought decided to keep him .... ahh a happy ending to the unmade film. Appointment at the embassy a week Wednesday. You lot are so much fun to wind up![msnsmile2]
Nostromo
22-02-2005, 21:34
<blockquote id="quote" class="ffs">quote:Originally posted by dodgey memory
After alot of thought decided to keep him .... ahh a happy ending to the unmade film. Appointment at the embassy a week Wednesday. You lot are so much fun to wind up![msnsmile2]
[/quote]
All the best with the Visa application. As to winding people up, that's fine with us, but like Uncle John says, you never know who's reading these posts. Most of the US Immigration Officials suffer from a distinct lack of a sense of humour.
The Cook crew
25-02-2005, 21:48
DM
Don't forget to let us know how you get on. We're still waiting for info from NIS before making an appointment with the embassy. Just out of curiosity, which embassy did your hubby get an appointment with in the end?
dodgey memory
26-02-2005, 01:47
Hi Cook crew his appointment is with the London embassy, everything crossed. Try Snappy Snaps for that all important photo they are on the approved list!
The Cook crew
26-02-2005, 17:12
Good luck with the embassy appointment. You've made the right decision and I'm sure everything will work out fine. Please let us know how your hubby gets on with his visa application because as you know our situation is very similar to yours. I only wish we'd started the ball rolling earlier as we're due to travel in May[msnscared]. Fingers crossed we'll get info from NIS very soon.
dodgey memory
27-02-2005, 12:51
Many thanks cook crew nice to know some one cares! Hope your reply comes real soon! Teresa