Visa Waiver Program Any Changes ??

[ccarcher]

Thanks to all for their comments they are appreciated, and hopefully this will be my last post on this (but then again you never know) as I have decided upon my own action

and agree with all that their appears to be a deliberate attempt by the powers that be, to allow confusion to reign over this issue, rather than making the postion absolutely clear

May I perhaps suggest the reason for this being a revenue creation opportunity scheme, and whilst this is the case no clarifcation will be forthcoming from those powers

I have to say I am in agreement with Robert also, in that I can honestly answer NO to the question on the waiver in that my own offence is clearly not a conviction or arrest for a crime of Moral Turpitude, and therefore I can use the waiver

However this is unfortunatley not the question posed by the US embassy site (for the UK) re visa's which summarises the question to any arrest or conviction for any offence other than motoring, even their own Visa Wizard poses a question along these guidelines

Saying that this again is not entirely true the world over, if you check the us emabassy site for New Zealand that cleary highlights for an arrest or conviction for a series crime and more in line with the waiver form

As I was arrested at the time of my offence then going by the US embassy site information then I have to apply for a visa, so I now have two conflicting answers and a choice to make

And this is where the confusion is, not just for me but no doubt for many others who are not prepared to risk their holiday or trip, for the sake of going through the additional steps of obtaining a visa, and the reason this type of thread has appeared so often and will continue to do so

Yes the information from any lawyer or visa immigration specialist would give me the same answer that I have come to, nothing has changed, and I need a visa according to the US embassy as I was arrested and therefore require a visa

Yes again it is probably completely pointless, irrelevant, unnecessary and may well cause me some additional aggravation on arrival in the US, once I actually obtain this visa, as opposed to saying NO on the waiver form which I am also quite entitled to do

However in the 5 months leading up to my trip and during the 9 hour flight, I will be happy knowing that I have taken the steps necessary to deal with my own situation

Maybe all contributors to this thread and others of this type should somehow direct our efforts at obtaining a more definate answer and clarification on this subject

However as previously suggested, where there is money to be made, in the land of opportunity and all that, then that may well be easier said than done

Thanks again to all on this, and good luck to you all on whatever you decide for your own personal situations

[ccarcher]

Just a final update and may help others decide one way or the other whether to obtain a visa or not

Having taking the legal advice, and decide to obtain a visa due to my conviction for assault occassion actual bodily harm (honest sounds a lot worse than it was, basically a lod of pushing and shoving during a cricket match I was playing in back in 1989)

I have now received back my subject access report from the met police
this shows nothing more than I was expecting

I have also had it confirmed by the legal expert that the conviction in his words

"I am happy to confirm that your conviction for ABH in the Magistrate's Court in 1989 is not considered a conviction for a crime involving moral turpitude under US immigration laws and as such will not bar you from obtaining a US visa.

You will receive a decision on the day of your appointment and if otherwise eligible for the visa applied for your passport and visa will be returned in about 3-5 working days after your consular interview."

Being not of moral turpitude I then asked

"So in reality as it’s not of moral turpitude I could honestly answer no to the question the visa waiver form"

and his reply being

"yes, but should they have details of an arrest in their database (albeit highly unlikely) they could still refuse entry and request that you apply for a visa since they are not well equipped to determine on the spot whether it is or is not a crime involving moral turpitude."

So it would appear that if its not a crime / conviction / arrest considered to be of moral turpitude by US immigration law, then your are perfectly within your rights to answer NO to the question on the visa waiver form

The problem would then come if on going through immigration they find details on their database (however unlikely) then it is possible entry could still be refused until you obtain a visa, as they are unable to decide on the spot and or prove it was not of moral turpitude

Looks like if you have time and for peace of mind go get a visa

[ccarcher]

Final update to put this one to bed

Went to the US Embassy yesterday to get my visa

Got my Visa as expected and all had predicted,no problems at all apart from the 6 hours wait, convinced thats also a deliberate ploy

Had 8 am appointment, queued from 8.am finally get in at 8.45 and then complete first interview (just a check all documents present and correct) by 9.45

then sit around until 1.30 for the so called second interview and the decision(all of 3 questions and 2 mins to tell me its been approved)

Have no idea what they were doing in between time

Finally you have to pay for the safe return of your passport and new visa

Basic cost is £13.50 for between 8 - 6 on whatever day of the week, options to pay for guaranteed delivery before 8 £20 before 10 £15 before 12 £10

Just Another money making scheme for the US embassy I would suggest, as you have no option but to use their carrier

But there you go just wait for it to arrive by the end of next week

Strangely enough also there yesterday morning along with myself was Naomi Campbell of all people, along with the US Visa Lawyer I had been to see

Strange how she also had an 8.am interview, her experience slightly different to mine and that of many others no doubt

Arrives at 8.05 straight out of the chauffer driven Mercedes to the front of the queue

Bypasses security and all the checks, and straight into the building at 8.10

Finally leaves the building on her mobile phone (everyone else have to leave electronic devices at home) with a smile on her face (that must be a first) at 8.25, and into the waiting Mercedes to be whisked away

Anyway as previously posted, hope my own experience helps or assists others in making their own decision as to whats right for them

[blott]

Glad you got it sorted out. Now you can relax and concentrate on having a great time in Florida.

[ccarcher]

Absolutely Blott, and prepare myself for the intense interrogation by immigration as to the real reason I have a visa !!

[Robert5988]

<blockquote id="quote" class="ffs">quoterepare myself for the intense interrogation by immigration as to the real reason I have a visa !![/quote]

<blockquote id="quote" class="ffs">quoteushing and shoving between two teams whilst playing cricket [/quote]

Tell them you were playing cricket and this guy had just bowled a maiden over.

They will think you were being chivalrous

[florida4sun]

They would if they new what cricket is

<blockquote id="quote" class="ffs">quote:Originally posted by Robert5988

<blockquote id="quote" class="ffs">quoterepare myself for the intense interrogation by immigration as to the real reason I have a visa !![/quote]

<blockquote id="quote" class="ffs">quoteushing and shoving between two teams whilst playing cricket [/quote]

Tell them you were playing cricket and this guy had just bowled a maiden over.

They will think you were being chivalrous

[/quote]

[ccarcher]

HA HA you could both be right

Better not suggest it was Handbags at 10 paces or they may think I'm gay (No Offense to any gay members on here)

Maybe I should just liken it to when in Baseball the Pitcher hits the batter with the ball, and the entire two dug outs empty for a mass brawl

They can probably relate to that

Passport arrived this morning with my 10 year B1/B2 Visa stamp

[E. Cosgrove]

Great news Colin, now you can really start looking forward to your trip