View Full Version : UPDATE GOING TO EMBASSY DETAILS WOULD BE NICE
I GOT A BALLIF AFTER ME FOR NON PAYMENT OF A TV LICENSE FINE. I HAD MOVED HOUSE AND ITS A LONG STORY BUT I WAS FINED WITHOUT MY KNOWLEDGE. I GOT A LETTER SAYING THE BALIFF WANTED TO ARREST ME. I HAD TO GO TO COURT TO EXPLAIN AND PAY THE MONEY. WOULD THIS AFFECT ME.
i was recently fined for no tv license.
Do any other have an experiences of getting in the US on the VWP.
I pulled this from another site
Q
What is the situation if I have a criminal record?
A
If you have been arrested anywhere in the world - even if the arrest did not lead to a conviction - or if you have a criminal record, you're not supposed to travel under the VWP. How long ago the offence was committed is irrelevant: even if your conviction is 'spent', you're supposed to apply for a visa.
The only exceptions mentioned on the US embassy website are 'minor traffic offences which did not result in an arrest and/or conviction'.
If you're unsure whether you need a visa because of a traffic offence, the embassy says the only way to find out -you guessed it - is to apply for a visa. You might also care to try your luck by calling the embassy's £1.30-a-minute help line number (09055 444 546), or by writing in (the address is on the embassy's website).
Q
But do the US authorities really know about a past misdemeanour?
A
We've had a host of queries, and opinions, on this subject. A Home Office spokesman pointed out that a machine-readable passport contains no hidden information. Everything on it is readable by the human eye. The code on the information page simply gives your name, date of birth, passport number and expiry date.
He added: 'There is no routine sharing of criminal conviction information between UK and US (or other) author*ities. Information would only be shared in certain circumstances, such as national security or organised crime.'
In other circumstances, he couldn't see how a US immigration officer could tell whether you had a criminal record. The US embassy, by the way, won't say how they can tell - deduce from all this what you will.
Not sure - if you were 'convicted' for not paying for a TV licence in Court, then I guess that would count as a conviction in the eyes of US Immigration.
Doing a bit of research, I've found a reference to 'criminal prosecution' relating to TV licences Why worry about the risk of criminal prosecution and a hefty fine, when you can cover yourself for a full year in a matter of minutes.
www.tvlicensing.co.uk
I think this is something that you need to ask the US Embassy about to be on the safe side.
Lash, I've put your two posts together for you otherwise we'll have lots of multiple ones.
E. Cosgrove
30-04-2005, 13:17
Lash, some people have actually been asked at immigration "Have you ever been arrested?" Not a routine question I know but sometimes they just ask it, it happened to someone we knew, they could honestly answer "no" and their visa waiver was processed with no further questions.
If you were asked this question would you be prepared to Lie?
If you don't apply for a visa it's a chance you may have to take.
Just rang the embassy at £1.30 a minute and after a recorded message got to speak to an english woman who sounded like the cleaner. She said she could not tell me wether i had to apply for a visa or not but gave me an email address of LONDONCONSULAR@STATE.GOV. To write to see what i should do.
I AM GOING THE LAST WEEK IN AUGUST WOULD I HAVE EVERYTHING IN ORDER BY THEN?
I don't think the Embassy is open at the weekends Lash so you'd do better either to email the address they gave you or try ringing up again on Monday.
Robert5988
01-05-2005, 02:04
Lash,
In my opinion it is a complete waste of time(and at £1.30 a min – money as well) phoning the Embassy as they will simply advise you to visit the Embassy where all facts can be considered. It is their stock answer.
There have been endless discussions in this forum – some heated - on this subject. About the only facts everyone is agreed on is that if you have ever been arrested you cannot travel on a Visa Waiver. That is regardless of no action subsequently taken, it was mistaken identity, not guilty etc. Also that the UK rehabilitation of offenders act does not apply and offences do not time expire.
All of the controversy stems from an unfortunate phrase on the Visa waiver form which asks if you have “ever been arrested or convicted of a crime of moral turpitude”. The Embassy and US immigration regulations give no definition of ‘Moral Turpitude’ and only gives an exception for minor traffic offences.
Some on the forum have argued that if you have appeared in court – even for a minor traffic offence – you have therefore been convicted and hence ineligible for a Visa Waiver.
Others(including myself) do not agree with that argument. It seems to me that the telling argument is that the wording on the Visa Waiver form goes on to ask "if you have 2 or more offences for which the aggregate sentence to confinement was 5 or more years."
Why bother putting that in if a minor conviction and fine in court disqualifies you from a Visa Waiver anyway?
Before the introduction of fixed penalty notices, everyone appeared in court for any offence and hence were convicted. So somebody 40 years ago committing the most trivial offence of riding a bike without lights was convicted of an offence.
Taking your point on the authorities knowing about past misdemeanours. Perusal of this forum will reveal several cases where people have had huge difficulty in obtaining information on past offences from the police and the court where they were convicted as there is simply no record available. I would therefore imagine that the US immigration authorities would have no little difficulty in tracing minor convictions; and of course they are desperate to know if you have ever been in court for riding a bike without lights etc!
Nobody can give a definitive answer to your original question on being fined?(or ordered to pay for the licence?) in court for non-payment of a TV licence. If I were in your position I would ask myself 3 questions:
Have I been arrested.
Was it a crime of moral turpitude(or is non-payment of a licence even a crime?)
Personally with a clear conscience I would put ‘No’ against the relevant question; but then I advised my brother not to declare his 5 shilling fine for riding a bike without lights.
However that is not to be taken as advice, as you must make up your own mind.
Unfortunately there are those on this forum who will attempt to interpret every regulation to the maximum possible disadvantage of the individual.(not in this thread I would add)
Not sure why moral turpitude should cause such a problem except that it's a phrase not often used in the UK (except relating to US visas!).
Main Entry: moral tur·pi·tude
Pronunciation: -'t&r-p&-"tüd, -"tyüd
Function: noun
1 : an act or behavior that gravely violates the sentiment or accepted standard of the community
2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense
Source: Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
Main Entry: moral turpitude
Part of Speech: noun
Definition: evil character, lack of integrity
Source: Webster's New Millennium™ Dictionary of English, Preview Edition (v 0.9.5)
Copyright © 2003, 2004 Lexico Publishing Group, LLC
I'm also not sure why they have such a confusing paragraph on the visa waiver form but all of the items on it are 'OR' options although I agree that the "if you have 2 or more offences for which the aggregate sentence to confinement was 5 or more years" is also convered by the "ever been arrested or convicted of a crime of moral turpitude", given the above definitions.
We just have to work with the info the US Embassy provides via the visa waiver form so not much point in discussing this further as they're probably not going to change their paragraph to something easier to understand!
Check it out with the Embassy Lash and then you'll know exactly where you stand.
Im going to get the memorandom of conviction from the court but im not sure if i can as the case isnt scheduled till wed 4 may. I have printed out forms ds 156 and ds 157. I will take my new and old passports holiday details. Have i missed anything?
Also im off to Belfast anyone know of how long it will take to get the visa thru?
steph_goodrum
02-05-2005, 00:33
Lash
I dont know your age but if you are male and between 16 and 45 (I think but the website tells you) then you also have to fill in DS 158.
E. Cosgrove
02-05-2005, 01:04
Look for the recent posting from Gamedude. He went to Belfast and was very fast.<blockquote id="quote" class="ffs">quote:Originally posted by LASH
Im going to get the memorandom of conviction from the court but im not sure if i can as the case isnt scheduled till wed 4 may. I have printed out forms ds 156 and ds 157. I will take my new and old passports holiday details. Have i missed anything?
Also im off to Belfast anyone know of how long it will take to get the visa thru?
[/quote]
steph_goodrum
02-05-2005, 01:19
Lash
It is 16 -45, I have just checked
"Supplemental Application -- All male nonimmigrant visa applicants between the ages of 16-45, regardless of nationality or other factors, must now complete a supplemental application form which helps inform the consular officer's judgment about visa eligibility. Consular officers have the authority to require anyone from any country to complete visa forms if they think it's warranted."
Also you might find it worth checking the visa wait times
http://travel.state.gov/visa/temp/wait/tempvisitors_wait_result.php?post=London&x=95&y=10
At the moment they are showing 13 days for London and 29 for Belfast.
I know it's not entirly accurate as my daughter phoned London on around 25th April and first appointment was 17th May, but it might give you an idea. Of course it also depends where you are located and if you can get cheap flights to Belfast for some thats a better option than London anyway.