New Rules ?

[janwebb]

Can someone tell me when the new rules came into effect?

We visited Sept 2003 under the vws and to be honest, I can't even remember seeing a tick box to ask if you'd ever been arrested! [msneek]

Having read some of the threads on the forum I'm quite concerned that my husband should have had a visa last time we visited. Unfortunately, he has a couple of convictions from about 12 years ago and we are booked to come back to Florida aug 2005 - i gather we will need to apply for a visa for him? will we have enough time and how do we go about it?

Also, can someone please clarify the situation regarding minors. My step-son was not arrested but 'taken in for questioning' on a matter that he (thankfully) had nothing to do with and was released without charge - do we need a visa for him?

Any help much appreciated

[Nostromo]

If your husband was actually convicted 12 years ago, he will definitely be ineligible for VWS and will need to apply for a Visa and hope for the best. I'm afraid that the fact the he used the VWS in the past when he had a record might become an issue when the authorities decide, but it does not necessarily mean that he will be turned down. All the best.

[janwebb]

<blockquote id="quote" class="ffs">quote:Originally posted by Nostromo
If your husband was actually convicted 12 years ago, he will definitely be ineligible for VWS and will need to apply for a Visa and hope for the best. I'm afraid that the fact the he used the VWS in the past when he had a record might become an issue when the authorities decide, but it does not necessarily mean that he will be turned down. All the best.
[/quote]

Hi, thanks for that. I hope that it won't make any difference. Do you have any info regarding minors? (he was 14 at the time)

[athurstance]

I think your son is fine to use the visa waiver scheme. The fact he was taken in for questioning does not mean he isn't eligible. If he had been arrested he would not be eligible even if they had not managed to get a conviction.

This is what they say on the US Embassy website:

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the visa waiver program. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

[blott]

If your son was taken in for questioning and not cautioned, arrested or convicted of anything, then he can use the visa waiver.

Just to point out that these aren't 'new' rules! They've been the case ever since the visa waiver form was introducted which was more than eleven years ago to my knowledge. The visa waiver form has also always had the same questions on it and your husband must have ticked No on your previous visit to Question B on the back of the form otherwise you wouldn't have got into the USA! Check here for a sample form http://www.orlando-guide.info/forums/topic_14753.asp

To apply for a B2 visitors' visa, follow the info here http://www.usembassy.org.uk/cons_web/visa/niv/b2.htm

[janwebb]

<blockquote id="quote" class="ffs">quote:Originally posted by blott
If your son was taken in for questioning and not cautioned, arrested or convicted of anything, then he can use the visa waiver.

Just to point out that these aren't 'new' rules! They've been the case ever since the visa waiver form was introducted which was more than eleven years ago to my knowledge. The visa waiver form has also always had the same questions on it and your husband must have ticked No on your previous visit to Question B on the back of the form otherwise you wouldn't have got into the USA! Check here for a sample form http://www.orlando-guide.info/forums/topic_14753.asp

To apply for a B2 visitors' visa, follow the info here http://www.usembassy.org.uk/cons_web/visa/niv/b2.htm
[/quote]

i'm sorry, just thought it was new regulations. I'm getting very concerned now that hubby should definately have had visa last time which might affect application of this one.[msnembarrased]

[Nostromo]

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

[i]i'm sorry, just thought it was new regulations. I'm getting very concerned now that hubby should definately have had visa last time which might affect application of this one.[msnembarrased]

Even though his earlier entries would be classified as having broken the rules, all may not be lost. The best thing that you can do from now on is to come completely clean and apply for VISA, perhaps with an explanatory/apology letter and hope for the best.

[Bezza]

I had visited the US on a number of occasions when I shouldn't have used the VWP. However, they did not even mention this at my embassy visit. Don't let this put you off applying

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by Bezza
I had visited the US on a number of occasions when I shouldn't have used the VWP. However, they did not even mention this at my embassy visit. Don't let this put you off applying
[/quote]

Bezza, this post of yours sounds a bit ambiguous. Some people may mistakenly believe that you are actually suggesting that there is no harm in trying to get across with VWP even when ineligible, although I am sure that's not what you mean. Perhaps you should explain that a bit?

[janwebb]

Update on our situation - decided the best thing to do was apply for a visa for hubby.

Couldn't take the risk of being turned away at the airport and ruining the holiday. [msnsad]

Got his appointment at the embassy 28th Feb - keep you posted!