What are the chances of my husband getting a visa?

[Marchant]

Hi all,

My husband has a conviction for shoplifting 20 years ago, and 6 years ago was arrested, but only given a caution, for something which definitely would come under the heading of moral turpitude.

My first question is, will the caution show up on the policy report we need to get for the Visa Interview, and what about the theft conviction 20 years ago. Will these both be considered as spent by the UK police and not show up on the report.

I'm just wondering what the chances of getting a Visa would be? Or rather what are the chances of being refused?

Secondly, we first travelled to the USA on honeymoon 19 years ago, and my husband got a visa for that trip. It was the old style Burroughs Visa which was just a stamp inside his passport. This visa is obviously void now, but just wondered if there would be a record of this previous visa at immigration in the US?

We are considering bending the truth and getting him a waiver, but don't want to be caught out by the previous visa.

We are travelling in April 2010, so have plenty of time to make a decision but any thoughts/opinions/advice would be greatly appreciated. He is very worried about applying for a Visa and then being turned down.

Andrea

[Robert5988]

You obviously don't want to disclose what offence was committed 6 years ago. However are you sure that the offence comes under the heading of 'moral turpitude'?

Offences of moral turpitude are pretty serious and would not usually merit a caution. Whilst there is no exact definition of 'offenses(sic) of moral turpitude, if you look at some of the posts in this forum there are some links that give examples.

Whilst offences involving controlled substances are treated more seriously, it would be surprising if an offence committed 6 years ago, and only meriting a caution, would prevent a visa being issued.

[netty68]

Hi, I am also in the same situation, yet a few stagers further along. I committed a crime of "moral turpitude" and yes it shows up on the ACPO form and you will have to apply for a visa, I have already applied for my visa and have my interview in June.
Personally its worth applying, surely the risk of being sent home outweighs this??

[SmileyMan]

Just gone though this and got my visa. Mine was for trespass and theft 18 years ago.

1. Yes the caution and conviction will show up but the form will only show 'No Live Trace' and say nothing about the conviction itself has they are spent. US don't care about this a conviction is a conviction spent or otherwise.

2. You will need a ACPO form which costs £35 (Before you could use the standard Subject Access Request @ £10 but this new way to tax us).

3. You will need the court records for the offences at around £5-£40 (I was not asked for mine but the us site says you need them and if asked and you don't have them you my be stuffed).

4. Can not comment on chances for one you do not say what the new conviction is for but if it is drug related you will struggle (Three where refused at belfast while I was there for drug related offenses).

5. If you travel under the VWP and get caught you will without question and without any right of appeal get deported on the next available flight.

Steve.

[netty68]

Well, I went for my interview for my Visa last week (3rd June) and was refused! My application has been referred to the Department of Homeland Security, apparently my 'crime' was of Moral Turpitude! Has anyone else been refused a visa and been referred to the DHS? What was the outcome? Did you have to wait 14-16 weeks as they suggest? Personally, I think what I did, (failed to supply change of circumstances to the benefits office) isn't a threat to the US I only want to go on holiday not move over there, and my crime was nearly 5 years ago, and my first offence. I am stunned I was refused, there were other people there who had been done for assault, burglary and mobile phone chipping. Maybe I shouldn't have applied for a visa and just ticked no on the ESTA, they had no finger print records as I was never arrested and certainly the US immigrations have no access to our criminal database as otherwise we wouldn't have to supply the ACPO form!

[E. Cosgrove]

Just a thought, but were you able to show enough ties to the UK? Mortgage or similar, stable job, bank account details etc.

[canarypam]

I didn't think you needed to apply for a visa if you weren't arrested?

[netty68]

I took absolutely everything, rent statements bank statements, letter from my employer, birth certificate even a letter from my kids school proving he was allowed holiday, and they didn't ask for anything.
Canarypam, you have to apply for a visa as it says: have you ever been arrested or charged ..... blah blah...
I was charged by the Department of Working Pensions, and as they are part of the government its classed as Moral Turpitude.
I just hope our wonderful MP's don't want to go to the US as surely what they have done is worse! Oh of course they just pay the money back and not face any concequences. I went to court done community service and now have ruined my familys holiday.

[steph_goodrum]

Netty
Sometimes from what I have heard they may refuse a visa at the first attempt but the next time it has been granted so maybe the holiday is just postponed, with any luck.

[netty68]

Yeah she did say if I was a good girl for the next year it would be worth applying again, but we have saved so hard and it would just be another blow if they just refused me again, plus the cost of the application again, which including train fare etc was over £200 its a costly gamble too!