View Full Version : visa waiver
I'm trying to get information about the above programme. We are booked to go to Florida in June, but have noticed postings on various sites to do with how strict the immigration is. My partner has a spent conviction (assault or breach of the peace...not sure as it was before we met) and the last time we went to the us, we hadn't realised that there could be a problem, so he lied and said he had no convictions. There was no problem.
But things are different now, and he still wants to risk it. He thinks that they can't possibly check everyone, and even if they did, it was so long ago..blah...blah. I'm worried sick. I checked and applying for a visa is a long and costly business, involving £60 fee and a visit to Edinbugh for an individual interview. I don't see why what he did 15 years ago should cause anyone a problem now, but do you think we're being naive and stupid to rely on the hope that no one will check?
Any advice would be greatly appreciated.
caroline
02-04-2003, 20:43
Hi
I've just been onto the US embassy website and the following link has all the relevant information http://www.usembassy.de/travel/index.htm - Whoops cancel that unless you're German!
steph_goodrum
02-04-2003, 21:06
This is the ruling I picked up from the Immigration office website.Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.
http://www.immigration.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-21/slb-2013?f=templates&fn=document-frame.htm#slb-act212
Is the website , you coul e-mail them and ask the question with all the facts but it looks like, if you say it is spent, I'm guessing it was more than about 10 years ago, and if it was only one offence and he didn't spend more than 6 months in prison etc etc. you should be ok, but as the passprts are being scanned more frequently, after Oct. 1st it says everyone must have a machine readable passport, it is not worth trying to evade it if he does need a visa. #
The 64,000 dollar is what is classed as "moral turpitude"?
athurstance
02-04-2003, 21:16
Steph, Those are the requirements for being given a visa. You are not eligible for visa waiver travel if you have ever been arrested - you don't even have to have been convicted. And the fact it is spent makes no difference. Your partner would most likely be given a visa but he is not strictly speaking eligible for the visa free program.
Having said that I would agree with him - how on earth are they going to find out? I would say the odds on him just being allowed in are exgtremely high.
If you want more info about the visa waiver program the UK site is here:
http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm
steph_goodrum
02-04-2003, 21:38
Angela
That was where I was led to when I followed the link from the FAQ section on the Visa waiver programme
"When Must I Obtain a Visa Instead of Using the VWP?
If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.
It may be a different section for stays under 90 days. The link was at the INA 212 (a).
athurstance
02-04-2003, 22:32
Must admit it is horribly complicated to fight your way through their website. I have been looking at DH applying for a L1 visa - myself and the boys need a L2 visa. Very confusing. I think I have the right forms now however. It also seems to be quite expensive but still I suppose it will be worth it in the end.
Good luck with this maya - hope you don't have any problems on arrival - I'm sure you won't.
Thanks for the replies. Gosh it is complicated!!
I think the gist of it is that because it was one offence, and involved no custodial sentence, then he'd be ok.
I had a police check for my work, so i know that I'm ok....but it took 4-6 weeks for them to get it through the system. How could they possibly check at an airport??
However it is true that your sins will always follow you!!I'm just so glad that i was never caught when i was getting up to mischief 20 years ago!!:D
danazara
16-07-2003, 12:55
I am in exactly the same predicament as you. My partner has a crimnial record for something he did 14 years ago and only got a fine for it. He has an appointment in July and if he is granted a visa it will take up to 12 weeks to process. We have booked our holiday for October 24th. Now he brother needs to apply for a visa also, but his appointment is not until August which means he won't make it before our October holiday, so he is thinking whether to just go and not say nothing as his conviction was over 20 years ago. But it has made us so depressed now that we are even considering cancelling the holiday before the balance is due in August.
quote:Originally posted by caroline
Hi
I've just been onto the US embassy website and the following link has all the relevant information http://www.usembassy.de/travel/index.htm - Whoops cancel that unless you're German!
The amaericans are being much more careful with regard to who they let into their country. Computer systems are get better at tracking peoples history and movements. From October 1st all passports have to be machine readable i.e. a computer reads it instead of a human being. I'm sure the day will come when any conviction will be know by BIG BROTHER. I would not take the chance on being caught out. It's just not worth it.
Jeff
athurstance
16-07-2003, 15:16
According to the US embassy website it takes a minimumof 12 weeks from the interview so presumably it could take a lot longer than that.
This is slightly off-topic, but I remember on a travel programme a few years ago them showing a fast-track process for passing through customs. Apparently once you are in the US you register and are given an ID card and then when you next travel you can use the US citizen's channels. I know that there is a programme that works for Canadians with the US, but I have never seen this system apart from on the Travel Show. Must be about four or five years ago as it was when Simon Calder was presenting.
Anyone remember this or know anything about it?
Best wishes,
Euan
chrizzy100
16-07-2003, 17:52
quote:Originally posted by Harmony
The amaericans are being much more careful with regard to who they let into their country. Computer systems are get better at tracking peoples history and movements. From October 1st all passports have to be machine readable i.e. a computer reads it instead of a human being. I'm sure the day will come when any conviction will be know by BIG BROTHER. I would not take the chance on being caught out. It's just not worth it.
Jeff
We also have to carrying our greencards around all the time....not just for travel in and out the country.....its not something I'm happy to do.....people have been attacked in some parts of the USA just for their greencards......our lawyer told us to keep them in the bank.....our police on the Cape are not interested in seeing them if your stopped....but I'm sure its not like that everywhere....if you have ANY visa....you must carry it at all times...its about a $100 fine...and time in prison if you're found without it.....
steph_goodrum
16-07-2003, 19:22
The fasttrack system is still in operation as far as I know, but only at certain airports and you have to travel to the States 4 or 5 times a year from what I was readin, basically it has a handprint recognition system (well the one we saw working did.)
danazara
18-07-2003, 02:56
Can anyone tell me if they have had the pleasure of applying for the DS-156/157 visa forms at the US embassy in London, and if so, how long did they take to process. Thanks
I had a guest this year who applied for a B2 visitors' visa as he had a previous conviction - he applied on 24 March 2003 and he had received his visa by 25 May 2003, so about eight weeks in all.
Im in the same boat as a few other people. My son was arrested a few years ago and had a fine to pay. Do you think to be on the safe side he should apply for a visa? Can anyone please tell me exactly what the procedure is?
Thank you
athurstance
18-07-2003, 14:45
Sharon, yes he should apply for a visa. If you go to the US embassy website there is masses of info on the process.
The US Embassy website is at http://www.travel.state.gov/nonimmigrantvisas.html which gives you some general info about applications and the visa you're looking for is a B2 visitors' visa which is at http://www.travel.state.gov/visa;visitors.html
This "visa thing is really scary!! The web site isnt very clear as to if my son should obtain an application form for a B2 and then send it back with all required documents or phone the embassy for an appointment to be interviewed and take all relevant documents along with him. He is also wondering if anyone has had the experience of attending an interview at the embassy?
Sharon, check out http://travel.state.gov/visa;ineligible.html to see if your son is ineligible for the Visa Waiver Program - if he meets any of the criteria on this list, then he needs to apply for a B2 Visitors' Visa.
You can download the required form(s) DS-156 (and supplementary DS -157 if he is between the ages of 16 - 45) from the links on this page http://travel.state.gov/visaforms.html
I did have a guest with one conviction from 1996 who applied this year for a B2 visa who attended the American Embassy for interview (as he was between the ages of 16 and 59) and who successfully obtained his visa.
You need to send the application form(s) with his passport (along with photocopies of any other documentation requested) and a passport photo to the Embassy and they will contact your son with an interview date.
Kickstart
12-11-2003, 17:41
When did the revised Visa requirements come in?
They haven't come in for most holiday-makers Kickstart, as the Visa Waiver is fine for many people.
I attended a B2 Visa interview this October because we go over frequently and the immigration guys recommended that we get a visa. You can phone for an appointment, and as far as I know, everyone who needs a B2 Visa and is between 17 and 59 years old, MUST attend for the interview at the US Embassy in London.
You don't send any papers to them if you fall within this age category, but take them with you to your interview.
Those have been the requirements for non-eligibility for visa waiver Kickstart ever since we've been travelling to Florida, ie about ten years at least.
royplumber
05-04-2004, 01:16
There is no relpys from people who have been sent back from usa with a conviction is there or will i be the first.
Please let me know
Wandsworth Wizard
05-04-2004, 12:39
I needed a visa because I had a driving conviction 15 years ago. You need to ring the helpline, tel no as stated on the embassy web site to obtain an appointment time. The forms can be completed online and printed off. I had an interview at the embassy on the 5th Jan this year and received my visa on the 8th Jan. The interview lasted 2 minutes but the wait for the interview was approximately 2 1/4 hours.
There is an excellent thread about this subject here,
http://pub65.ezboard.com/fholidaytruthscommunityfrm36.showMessage?topicID=1 509.topic
It seems most people are getting visas without a problem and receiving them in 2 weeks from interview.
royplumber
26-05-2004, 03:55
I just thought i'd let you all what happend as messages have been left.
we decided not to go to emmbassy because we only had 4 weeks left (with our record's there is no way they would let us in) couldn't cancel the holiday would not give us the money back.
what i didnt tell you all was. I felt the lord telling me to go and take me old mate ive been out of trouble for 12 years when i worked it out properly.Since i became a christian.
15 plus years ago I punched my girlfriends brother in the face but i had a glass in my hand at time
and went to jail for it he only pressed charges cos he wanted money
My mate who i took is a drug addict and got loads of form i took him and he had methodone on him in his bag from the rehab centre he attends two weeks worth. I tell you i was not 2 happy he's got tatto's (union jack tattoed on his hand and ive got em all over me hands too) so we gets to the airport security is very tight but we got through passport boarded and set off. got to orlando then we were tired sick and didnt know if we'd get past passport control my mate filled in the passport waver form in 6 times before he got it right there was no people left they'd all gone he asked me what my job was and what i was doin here i said on vacation then let us through bingo i didnt feel i was lieying on visa waver because as my convictions in uk are spent and if he said out i'd of said i didnt know cos i didnt when i first booked hoilday but traveling nine hours and getting told to go back to uk i was hateing. We got in i belive it was a miracle but even better my friend is into jesus now and he nicked my bible and is working really hard on removing his addiction from his life so i say God bless america co's blessed me so much the moral of the story is get a visa if you can just like the expert's on here encourage you all so thanks for all the possitive help because most of the christians i know told me to not go God Bless hope you don't have to endure all i did better still don't get into trouble (by the way 1,600 miles around florida in a sebring was bliss have a nice hoilday !!!!!!!!
steph_goodrum
26-05-2004, 11:46
I'm glad you had a good holiday Roy but travelling in your situation without a visa was a big risk and not one any of us would recommend to anybody else in your situation.
It just goes to prove the inadequacies of the US immigration system that you and your friend were allowed in and especially as your friend was also carrying methadone with him. Even with a doctors certificate I don't think it would have been legal.
The reason I find it so frustrating that you were allowed entry is that a friend of ours who had lost his mother (who he had lived with alone since his father died) and nan within a week of each other a few weeks before Christmas (this was even pre 9/11 before security was supposed to be increased), a week later he was made redundant so as you can imagine was feeling pretty low and decided to spend 3 months in Atlanta with his aunts family before looking for a new job. He had no criminal record, not even driving convictions, but because he had a ticket for 3 months, had no mortgage on his flat and no job the immigration officer decided there was a risk he might try to look for work and overstay his visa. Non of which was his intention he just wanted to get his head together before he looked for a new job as he knew he wouldnt have the opportunity to have 3 months for a while.
He was kept in detention and put back on the next plane to UK, and it was not a pleasant experience. His first visa application was refused costin ghim even more money (apparently this is quite common if you have been refused entry - to "teach you a lesson" for trying to get past the rules - none of which he did) but the next was approved ok.
I'm glad you and hopefully your friend are trying to get your lives back on track but I hope other people do not follow your example and just take a chance rather than following procedure as another person may not find the same experience as you.
royplumber
27-05-2004, 03:04
yes steph i hear you about the gentleman he's got more rights of entry than we did and it break's my heat to hear story's like that.
There was no inadequacies of the US immigration in my oppinion they were very tight. I belive in miracles and i trusted god for whatever happend to us. I would not recommed doing it again (don't think i would) i had nothing to loss
steph_goodrum
27-05-2004, 11:33
"There was no inadequacies of the US immigration in my oppinion they were very tight. "
I hate to disagree Roy but there quite clearly are, you decided to "beat the system" and did it by putting dishonest answers on your form (+ you've said your friend was also carrying Methadone) and walking into the country unchallenged. Exactly the same as if a terrorist answered on their form that "No they they have never belonged to a terrorist organisation" and entered into the country in order to cause death and destruction rather than a holiday.
royplumber
24-06-2004, 02:09
we will afer agree to disagree because you cannot put us on the same level as a terrorist i think that's shocking !
steph_goodrum
24-06-2004, 11:43
Roy
The only reason I made that analogy was because it is one of the other questions on the visa waiver form, and you claimed there were no inadequacies in the system. All I was saying is that you did exactly the same as any terrorist could have no i.e put dishonest answers on the form and walk into the country, so how effective a system is that at keeping out what the US see as potentially undesirable people from entering their country?