Visa refused

[steph_goodrum]

When we went Christmas we also were en route to the villa within 30 mins of landing. Literlally 2 mins through immigration and th emost pleasant officer we have ever had. Made a huge difference not having to put the cases on the second carousel (you can't take trolleys on the transit but can now take your cases on), also Dollar Express whisks you to the front of the queue and saves even more time.

[canarypam]

Five minutes through immigration at Miami this Christmas for us very pleasant lady officer only asked 1 question (where were we staying).

[sunandfun]

We also had a very quick passage through Miami immigration at Christmas, and the immigration officer was extremely pleasant. He also only asked one question about where we were staying and he gave us some great tips about Key West.

[nshalaw]

I am a US Immigration Attorney in Birmingham, UK. The Embassy officials can be rather abrupt. The Embassy tends to be harsh on people with a conviction or even an arrest. To obtain the visa you need to show that you have strong ties to the UK and that you have not engaged in any criminal behaviour for the past five years. In many instances, the five year rule does not apply.

If a person has ever been arrested, he/she cannot travel to the US under the Visa Waiver Program. Even a person with a spent conviction requires a visa. He/she cannot travel under the Visa Waiver Program

Nilay

[Tonish]

<blockquote id="quote" class="ffs">quote:nshalaw Posted - 12 Mar 2008 : 16:19:20
--------------------------------------------------------------------------------
I am a US Immigration Attorney in Birmingham, UK. The Embassy officials can be rather abrupt. The Embassy tends to be harsh on people with a conviction or even an arrest. To obtain the visa you need to show that you have strong ties to the UK and that you have not engaged in any criminal behaviour for the past five years. In many instances, the five year rule does not apply.

If a person has ever been arrested, he/she cannot travel to the US under the Visa Waiver Program. Even a person with a spent conviction requires a visa. He/she cannot travel under the Visa Waiver Program

Nilay
[/quote]

Nilay, good to hear from you.

As an immigration attorney you can add a lot to this forum. The visa waiver rules are certainly open to interpretation, to say the least. I hope you're not just "passing through" as it were.

Would you mind, if you're still checking this thread, commenting on "once a visa, always a visa?"

I should give you a few more details - my lovely wife, innocent and blameless as a newborn, unfortunately managed to get herself a speeding conviction a few years ago (no arrest involved). She got a visa on the basis that the website says you need to apply if you have been arrested and/or convicted.

We have since decided that she should not have applied for a visa, as she can truthfully answer all the questions on the waiver form with a no, and we genuinely believe she's not really the intended target for a visa.

Her passport is coming up for renewal and if she does not get the visa renewed in the new one, can she go in visa free and sign the waiver? Or will there be problems...?

Appreciate your thoughts

[Robert5988]

<blockquote id="quote" class="ffs">quote:If a person has ever been arrested, he/she cannot travel to the US under the Visa Waiver Program. Even a person with a spent conviction requires a visa. He/she cannot travel under the Visa Waiver Program

Nilay
[/quote]

I wonder if you could also comment please on a couple more points.

Most people on this site are aware of the entry on the US Embassy website for UK that clearly states if you have ever been arrested you need to apply for a Visa.

However there is of course absolutely no requirement for anyone to look at the website, or even know it exists; and in any case I understand it doesn't have similar wording about arrests in some US Embassy websites for other countries.

The vast majority of visitors simply look at the relevant question on the Visa Waiver form(I-94W) with its reference to "crimes of Moral Turpitude' and 'sentences of confinement of 5 years or more'.

Reading that question it is competely reasonable to answer No even if you have been arrested for a minor offence(or found not guilty). If the form meant "any arrest", why refer to crimes of Moral Turpitude and confinement?

Wading through the US regulations

http://www.cbp.gov/xp/cgov/travel/id...re/vwp/vwp.xml

There is nothing that I can see that stipulates an arrest of any sort disqualifies a visitor from entering under a waiver.

So my question:

Are you aware of any regulation that states unequivocally that any arrest means you cannot enter under a waiver? Obviously excluding the guidance(not regulation) in the US Embassy website for UK.

There is of course the suspicion that the US Embassy need to justify their staffing levels and unnecessarily dragging us to London(or Belfast) achieves that aim.

I did write formally to the US Embassy with that question and after promting got back a reply that completely evaded my question. Along the lines of "if you cannot understand the waiver form and regulations you should attend for an interview"

There are plenty of anecdotal tales of US Immigration officials at the point of entry simply not believing that people had applied for a Visa because they got arrested 30 years ago for a minor offence and were not even charged, or found not guilty.

[steph_goodrum]

"However there is of course absolutely no requirement for anyone to look at the website, or even know it exists; and in any case I understand it doesn't have similar wording about arrests in some US Embassy websites for other countries.

There is a requirement though, Robert, for any person who wishes to travel to any Country in the World other than their place of residence to find out the entry requirement of that country and ensure whether they are eligible to travel or if a VIsa is needed.

Australia has for many years had the ETA requirement and it is up to an individual (whether via their travel agent or however) to ensure their compliance. Ignorance is not counted as an excuse, if a person is responsible enough to book an airline ticket they should also be capable of finding out if they need a Visa.

[Robert5988]

<blockquote id="quote" class="ffs">quote:There is a requirement though, Robert, for any person who wishes to travel to any Country in the World other than their place of residence to find out the entry requirement of that country and ensure whether they are eligible to travel or if a VIsa is needed.
[/quote]

Absolutely - I couldn't agree more.

My point is that the formal regulations for entry requirement are contained in the US Immigration website link I gave and, unless I am much mistaken and have missed where it is laid down, that does not stipulate an arrest disqualifies you from entering on a Visa Waiver.

Why having read all the detail in that official site, would I seek further guidance from the US Embassy website in UK? As said above my further point was that I might not even know that website exists.

In any case the US Embassy websites in the various countries eligble under the Visa Waiver schemes give different guidance and all refer to the US Immigration regulations as their authority.

So from reading the official US Immigration website an arrest would not debar you from entry on a Visa Waiver.

Likewise reading the I-94W would not debar you from entry; unless you had committed a crime of moral turpitude or spent 5 years in Jail.

Apart from the above, it is patently absurd to to have the situation that any arrest, even in a case of mistaken identity, would deny someone the use of a Visa Waiver; and as far as I can ascertain the formal regulations do not stipulate that is the case.

[Katys Grandad]

Have we frightened poor Nilay off?

[roger]

I've got a feeling Nilay is on vacation, but will be back in the office shortly, and no doubt will be back on the forum.

<blockquote id="quote" class="ffs">quote:Originally posted by Katys Grandad
Have we frightened poor Nilay off?
[/quote]