Visiting America - Visa/Visa Waiver Rejected

[Timbuk2]

As I put that I'd been arrested on my American Visa Waiver application (they charged me $14 to say no) I have been denied a Visa Waiver.

I was meant to be stopping off in the USA for a few weeks on the way to Sydney.

I've just been on the phone and found out that I need a Police Certificate to take to my Visa Interview which wouldn't be until the 16th of this month now and as I'm due to fly to the USA on the 7th of December I'm thinking of giving it a miss now and going elsewhere on the way.

Has anyone else got experience of this? Is this the only way to get a visa? £45 for this "Police Certificate" for the visa interview then £160 for the visa interview/visa application which may not even lead to you getting a visa?

This is after a £11 phonecall to the American embassy to find this all out as it doesn't tell you any of this on the website

[stanthebiker]

Sorry to say this but I don't think you will be going in December.

After your interview at the embassy, the application has to go to the US for processing and I'd be surprised if the current waiting time for a VISA was less than 3 or 4 months.

[GoodDoc]

I don't travel much anymore, but when I did I always tried to avoid transferring through US airports, even ignoring the visa requirements just to transfer it's far easier in other countries. If I was flying from the UK to Australia my first port of call would be the Gulf States, so try Emirates or Qatar, plus you'll probably get better service for the money.

I've never been arrested so I don't know what the visa requirements are for the gulf states if you need one, but even when I had a US green card I still avoided the US where ever possible.

[ReaperCushions]

Go to Canada instead

I assume you have a criminal record then?

[Powerrr]

Currently going through the very same rigmaroll.

Driving ban.

Apply for visa application ££
Get your Police certificate ££
Send info away to Embassy
Set up a meeting in either London or Belfast. ££
Go to interview. ££
Go home. ££

Sit and wait.

Highly unlikely that you will be going to the USA for a stop over OP.

[GoodDoc]

GoodDoc said:

I don't travel much anymore, but when I did I always tried to avoid transferring through US airports, even ignoring the visa requirements just to transfer it's far easier in other countries. If I was flying from the UK to Australia my first port of call would be the Gulf States, so try Emirates or Qatar, plus you'll probably get better service for the money.

I've never been arrested so I don't know what the visa requirements are for the gulf states if you need one, but even when I had a US green card I still avoided the US where ever possible.

You REALLY need to confirm this, but it appears from a quick search that if you don't leave Dubai airport you don't need a visa, and if you did want to leave the airport and you are a UK passport holder with an Australian visa then you can get a free, instant 30 day visa without prior application.

But don't believe me, double check it!

[Kozy]

Timbuk2 said:

As I put that I'd been arrested on my American Visa Waiver application (they charged me $14 to say no) I have been denied a Visa Waiver.

Why would they charge you $14 to say no?

Even so, would have still been easier to have paid the $14.

[Timbuk2]

stanthebiker said:

Sorry to say this but I don't think you will be going in December.

After your interview at the embassy, the application has to go to the US for processing and I'd be surprised if the current waiting time for a VISA was less than 3 or 4 months.

I've already decided it's not worth the hassle/risk of not getting a visa in time so I'm probably just going to cancel the stop over and go direct to Sydney via another route.

It was only to visit my cousin at her Ranch in Kentucky which would have been nice but oh well!

Powerr - I have a driving ban also from 5 years ago but I was also arrested for possession of a class C drug about 7 years ago.

[Timbuk2]

Kozy said:

Timbuk2 said:

As I put that I'd been arrested on my American Visa Waiver application (they charged me $14 to say no) I have been denied a Visa Waiver.

Why would they charge you $14 to say no?

Even so, would have still been easier to have paid the $14.

What do you mean exactly? I did pay the $14...

You fill in a Visa Waiver application and you have to give your card details at the end and after you click pay it will come up with Accepted or Denied... I doubt they don't charge you just because they denied you one (for answering 'yes' to the question have 'you ever having been arrested')

[Kozy]

I'm with you, I read it as it was free to say yes, but to say no would cost you $14.

The only times I've got one, my employer sorted it out.

Edited by Kozy on Friday 2nd November 14:43

[Matt Harper]

Timbuk2 said:

I have a driving ban also from 5 years ago but I was also arrested for possession of a class C drug about 7 years ago.

Was the driving ban for DUI? If so, your B2 will be denied. Were you convicted for the drug offence?
If not, a B2 application would be a good bet (not with a DUI under ten years old though).

[Deva Link]

Powerrr said:

Currently going through the very same rigmaroll.

Driving ban.
....

Unless the ban was for driving while disqualified you could use the visa waiver. They don't tell you that though, but the US Embassy website in Australia does:

US Embassy in Canberra said:

Q: I had a drink driving charge. Do I need a visa?
A: ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. However, a conviction for Driving under the Influence is not considered a crime of moral turpitude with regard to the Visa Waiver Program. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit a U.S. Embassy or Consulate to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

http://canberra.usembassy.gov/visa_waiver_prog.html

[Timbuk2]

Driving ban was for Drink Driving, I was arrested/charged for being in possession of a Class C drug.

I'm not even going to bother trying for a visa now as it looks to be more hassle than it's worth!

[Matt Harper]

DUI is the knock-out, I'm afraid. Don't waste time/money with a consular visit - and don't plan on visiting the US until that ban is at least 10 years old.

[V12 Migaloo]

Timbuk2 said:

Driving ban was for Drink Driving, I was arrested/charged for being in possession of a Class C drug.

I'm not even going to bother trying for a visa now as it looks to be more hassle than it's worth!

LOL Skin Up Bro....!

[Kozy]

Out of interest, and not to far off topic, what happens if a Brit gets arrested for DUI while in the USA on a visa waiver?

[tercelgold]

You used to be able to stay "in transit" but now you have to enter the USA and then leave it again as a person, there also used to be method of leaving for Canada and getting stamped and then coming back in to get a new tourist visa (usually maximum days but sometimes randomly lower depending on the officers) staying in the USA then going to Mexico and doing the same you could spend a year or more or as long as you can keep getting tourist visas in the USA based on your history in the passport.

But forget once to get stamped as leaving and you're an overstay and banned for a few years I think?.

[Deva Link]

Matt Harper said:

DUI is the knock-out, I'm afraid. Don't waste time/money with a consular visit - and don't plan on visiting the US until that ban is at least 10 years old.

Sorry, that's not correct - I have a relative who applied for a visa after a conviction for DUI and got it with no problem. Any drug conviction will be more of an issue though.

As I posted above, in practice you don't need to apply for a visa anyway. I know someone who got a visa after a careless driving conviction and the Immigration Officer laughed out loud at them when he asked the reason why they had a visa. OTOH I've heard of people cancelling holidays in the US when they've suddenly panicked and think they'll get turned back.

[Timbuk2]

Matt Harper said:

DUI is the knock-out, I'm afraid. Don't waste time/money with a consular visit - and don't plan on visiting the US until that ban is at least 10 years old.

Oh really, that's handy to know! Oh well, plenty of other places to visit in the meantime

On another note, if you have a "Direct flight" to Sydney and the plane refuels in LA for example, do you need a Visa Waiver? (This isn't my flight it's my girlfriends flight)

[Timbuk2]

Deva Link said:

Matt Harper said:

DUI is the knock-out, I'm afraid. Don't waste time/money with a consular visit - and don't plan on visiting the US until that ban is at least 10 years old.

Sorry, that's not correct - I have a relative who applied for a visa after a conviction for DUI and got it with no problem.

As I posted above, in practice you don't need to apply for a visa anyway. I know someone who got a visa after a careless driving conviction and the Immigration Officer laughed out loud at them when he asked the reason why they had a visa. OTOH I've heard of people cancelling holidays in the US when they've suddenly panicked and think they'll get turned back.

TBH I thought they didn't care about Drink Driving either, but either way I would have needed a visa. I was tempted just to answer No to the 'ever been arrested' question, but on the off chance they can check I didn't want to get sent back to the UK and have to arrange another flight to Sydney!