advice please

[steph_goodrum]

she asked the barrister for a memorandum of conviction which she had seen mentioned on this site but he said she had not been convicted of anything and told her to just go to America without applying for a visa! he was not familiar with USA policies.


Sniff
It was actually the Barrister who suggested she go without a Visa, all other advice is that a VIsa is necessary which is the conclusion her friend had already made but it is actually how to get the information required for the Visa application that was the original question. Hopefully that will be in the answers where to gain the info but it is difficult to obtain a memorandum of conviction if you haven't actually been convicted so if anybody knows exactly what the relevant form would be for a charge left on file following an arrest it would be useful.

[Robert5988]

<blockquote id="quote" class="ffs">quote:Mizzy, my apologies - by 'worthless' I didn't mean that the information offered here isn't useful, it clearly is and the people here have a wealth of experience. But it isn't legally binding in any sense at all. Even if the information given here is 100% correct, turning up at US Immigration and saying you don't need a visa because someone on this forum told you so, isn't going to carry much weight with the IO.

Regardless of what anyone learns here, and regardless of whether it's right or wrong, people will still have to talk to the US Embassy at some time to get the official status. As much as I respect the advice and expertise of people like Blott and Robert, I am not going to plan a trip to the USA based on what they say, and nor should anyone else.

It that sense, the information given here in respect of whether ladypaula's friend needs a visa or not is worthless. It's their own personal opinion, their own interpretation of what the rules say. Only the US authorities can give the definitive answer. All I said was, she should just get the real info from the horse's mouth right away and then they can stop wondering and worrying, and just look forward to their holiday.
[/quote]
Sniff,
From my perspective no apology is needed as I understood the point you were making - particularly in the case being discussed - and I think everyone advised that she should clear things with the US Embassy.

I would however comment on a more general issue about your statement:
<blockquote id="quote" class="ffs">quote:regardless of whether it's right or wrong, people will still have to talk to the US Embassy at some time to get the official status.[/quote]

A couple of years ago eligibility for a Visa Waiver was a very hot subject. People were being (mis)advised on this forum, by travel agents and other sources that any conviction for any offence, including minor traffic offences rendered you ineligble for a Visa Waiver.

Lots of people were making unnecessary applications for a Visa, with all the trouble and cost this involves, based on a conviction for speeding some 20 years earlier.

The logic(or lack of it) behind these stories was their interpretation of the question on the I94-W that asks “ have you ever been arrested or convicted etc etc”. i.e. “you might not have been arrested but you have been convicted and there is nothing on the form that exempts traffic offences”

Perusal of the regulations shows that minor traffic offences are exempt – but doesn’t define a minor traffic offence and the Embassy refuse to discuss anything on the phone. Their stock answer(at £1.50 per minute) is "if in doubt apply for an interview”

I think therefore the advice given here that you can travel on a Visa Waiver in those circumstances is valid and negates the need to contact the US Embassy; and hopefully has allayed many worries.

Similarly the corrections to many other authoritative statements posted in this forum are based on sure knowledge of the facts. e.g.

All offences are time expired after x years.

You can only enter y times per year on a visa waiver.

You are restricted to 180 days in any one calendar year on a visa waiver.

[steph_goodrum]

"All offences are time expired after x years."

Sorry to contradict but the Rehabilitation of Offenders act isn't recognised in US, the offences don't "expire" and must always be declared.

[Sniff]

Fair enough - thanks Robert

[Robert5988]

<blockquote id="quote" class="ffs">quote:All offences are time expired after x years."

Sorry to contradict but the Rehabilitation of Offenders act isn't recognised in US, the offences don't "expire" and must always be declared.
[/quote]

Steph,
In my post I stated:

<blockquote id="quote" class="ffs">quote:Similarly the corrections to many other authoritative statements posted in this forum are based on sure knowledge of the facts. e.g.

All offences are time expired after x years.

You can only enter y times per year on a visa waiver.

You are restricted to 180 days in any one calendar year on a visa waiver.

[/quote]

i.e. All 3 of those "authoritative statements posted in this forum" are inaccurate and were corrected.

So we are in violent agreement with each other[msnwink]

[ladypaula]

thanks for all info so far provided. does anyone have any idea how long it takes to get an appointment at the embassy, wondering about a trip to london or belfast to make a mini break of it. do you have still have to make an appointment by phoning the £1.50 a minute line?

Also my friends passport runs out in February, 2007. should she apply for a new one now in anticipation of a appointment at the embassy in September/October or take her old one with her which shows 8 visits to the USA in the last 9 years? Advice on this would be appreciated.

Thanks again
Paula

[steph_goodrum]

Paule
She will have to take her old one anyway (well at least they tell you to but there will be many people who haven't kept old ones). When my daughter went last year for her Visa she only had her current and 1 previous and was fine. They will know about the visits anyway form their records I'm sure.

Acording to the website

http://travel.state.gov/visa/temp/wa...ast&x=111&y=15

the wait times are about 32 days for London and 37 for Belfast. As she is applying for a VIsa I don't think there would be any realbenefit to renewing her passport now, just in case she sends it off and then gets an appointment quicker than anticipated for the the Embassy, unless she prefers to do that before she gets the appointment so the Visa will be put into her new passport and so she doesnt need to carry 2 around with her.

[steph_goodrum]

We are indeed on the same page Robert.

We have stressed time and time again on here, that any opinions expressed, are just that, based on our intepretations of the wording of various documents. It doesn't even seem to be the case that you get a definitive answer from the Embassy about questions, as 2 calls to 2 operators has been known to get 2 differing responses.

[ladypaula]

are you able to get a visa put in a passport that expires in february, 2007, and use it for travel with a new passport that will start in march, 2007?

[steph_goodrum]

Yes
If your Visa is still current but your passport has expired you just take both of them whne you travel, as I mentioned though, if your friend is granted a 10 year Visa (I have a sneaking suspicion form other responses we've heard, that it may be either a one year one or single trip one) then if she hasnt renewed the old passport and gets the Visa put in there she'll will just have to make sure she takes good care of both of them.