Getting US visa with convictions - experiences please

[torqueofthedevil]

Writing on behalf of a close friend...

I'd like to hear from people who have applied for a (I think B-2 holiday visa) to visit the USA on holiday because the visa waiver programme does not apply due to convictions.

How did the application process and interview pan out. Was there any issues once you entered the US?

How long does the visa last for? A set time? A set number of
Visits? Or just one visit?

Cheers

[GCH]

What offence, what sentence, how long ago, and were they under 18 at the time? Also, do they have a single conviction or multiple?

Edited by GCH on Monday 29th December 14:10

[torqueofthedevil]

GCH said:

What offence, what sentence, how long ago, and were they under 18 at the time? Also, do they have a single conviction or multiple?

Edited by GCH on Monday 29th December 14:10

Controlled substances possession with intent. 2 yrs suspended. Over 10 yrs ago. Not under 18. 3 convictions for the one arrest covering different classes of substance.

Any experiences of how long this takes to sort and if the visa is just effective for one visit it multiple? Will it take him a long time to sort - interviews etc.

[Matt Harper]

torqueofthedevil said:

Controlled substances possession with intent. 2 yrs suspended. Over 10 yrs ago. Not under 18. 3 convictions for the one arrest covering different classes of substance.

Any experiences of how long this takes to sort and if the visa is just effective for one visit it multiple? Will it take him a long time to sort - interviews etc.

USCIS will view that quite seriously. A B2 (if granted) could be valid for up to 10 years and give access to the US for up to 6 months per visit.
He will have to attend at the US consulate for an interview and there could be a significant (months) delay between interview and decision. Don't book any travel without the visa physically stamped in the passport.
He needs to take all of the supporting paperwork with him to the consulate - but 3 convictions involving a prison sentence (suspended or otherwise) coupled with intent to supply is going to be a tough one to get past the Embassy, I suspect. If he's been a good lad for the past 10 years or more, that can only help.
All he can do is apply, the worst that can happen is a denial.

[bad company]

I agree it will tough for your friend but no harm in trying. Best advice is to be totally upfront and honest, tell them EVERYTHING.

I wonder how many apply for and get ESTA's having at least being arrested but not charged?

[GCH]

torqueofthedevil said:

Controlled substances possession with intent. 2 yrs suspended. Over 10 yrs ago. Not under 18. 3 convictions for the one arrest covering different classes of substance.

Any experiences of how long this takes to sort and if the visa is just effective for one visit it multiple? Will it take him a long time to sort - interviews etc.

Ouch.
Possession is viewed very seriously. Intent to supply is a massive issue and may well be game over. Three convictions also not good, especially when all substance related.
Over ten years ago is the only positive in his favor if he can demonstrate reform, being of good character etc.

Criminal waivers are taking a very long time at the moment- at least six months. The process is that you apply for a visa as normal, attend the interview, get denied, and they will decide whether to submit the case for a criminal waiver or not, and then the waiting begins.
The ACRO police certificate will be needed: http://www.acro.police.uk/police_certificates.aspx , as well as a local force subject access report: http://www.acro.police.uk/subject_access.aspx

If a B2 is approved, it will almost certainly be for a single entry, so future visits will require a new visa.

I would strongly recommend that your friend gives Steven D Heller a call: http://www.us-visa.co.uk/The-Firm/Steven-D-Heller .
No affiliation, but he is one of the best and will be honest.

bad company said:

I wonder how many apply for and get ESTA's having at least being arrested but not charged?

Lots, given it is perfectly legal to do so (despite the US embassies totally incorrect advice that anyone who has been arrested even if no conviction needs to apply for a visa ).

Plenty of people with convictions also travel successfully on estas, despite this being not allowed. Given the hassle and hoops I can totally understand why people risk it.

[Sheepshanks]

I go to the US quite often for work and holidays and agree with everything in the post above.

I wouldn't go through the hassle (and it is a lot of hassle, despite what some have said) for a holiday - pick somewhere else to go.

[bad company]

GCH said:

Lots, given it is perfectly legal to do so (despite the US embassies totally incorrect advice that anyone who has been arrested even if no conviction needs to apply for a visa ).

Plenty of people with convictions also travel successfully on estas, despite this being not allowed. Given the hassle and hoops I can totally understand why people risk it.

Can the US know who has and who has not been arrested or even convicted of minor crimes?

[King Herald]

bad company said:

I wonder how many apply for and get ESTA's having at least being arrested but not charged?

I've been charged every time I was arrested, and I have an ESTA and work visa.

I'm not condoning keeping your mouth shut about things that happened ten+++ years ago, but just tell them you forgot, should they bother to actually go to the trouble of checking.

Nobody in immigration USA is going to, or can, pull up your UK police record when you walk through to get your stamp.


Hell, when we worked in Canada last year I was told that ANY drunk driving offence had to be mentioned in advance, or they WOULD pull us out at immigration and refuse us entry. Nope, they don't.

[bad company]

King Herald said:

Nobody in immigration USA is going to, or can, pull up your UK police record when you walk through to get your stamp.
.

What if I was arrested but not charged, I would therefore have no police record. I wonder if the police or US authorities could even retrieve the information?

Edited by bad company on Thursday 1st January 09:52

[JimmyConwayNW]

Better off just keeping quiet and hope for the best ?

[Matt Harper]

JimmyConwayNW said:

Better off just keeping quiet and hope for the best ?

That is certainly another option - and one that is very frequently utilized. Down-side is that, if busted, you are pretty much guaranteed a ban for at least 10 years, in addition to plastic handcuffs and an immediate return flight.

[citizensm1th]

have holidayed and transited the us numerous times on an esta and I have never mentioned anything in my past that may or may not have had a materiel effect on my acceptance to entry to the us if you get my meaning

the visa proses for the us depends totally on you giving them the info as far as I am aware they cannot access the criminal records system for the uk at their border so unless your mate is a celeb who has come to the attention of the press and therefore the embassy just don't tell them.

[mybrainhurts]

Can't you get Richard Branson to parachute you in from one of his space thingies...?

[JimmyConwayNW]

Matt Harper said:

That is certainly another option - and one that is very frequently utilized. Down-side is that, if busted, you are pretty much guaranteed a ban for at least 10 years, in addition to plastic handcuffs and an immediate return flight.

How would they be able to find out?

If you got deported would they pay for the return flight ?

[GCH]

JimmyConwayNW said:

Matt Harper said:

That is certainly another option - and one that is very frequently utilized. Down-side is that, if busted, you are pretty much guaranteed a ban for at least 10 years, in addition to plastic handcuffs and an immediate return flight.

How would they be able to find out?

If you got deported would they pay for the return flight ?

No, the airline usually bills you, and you usually have to be returned to your origin airport on the airline that you arrived on, so you cannot request to be deported to say, canada instead of back to london. There are exceptions, but that is the norm if denied entry

All airlines have different t&cs regarding this, but this is currently BA's;

British Airways said:

13c) What happens when you are refused entry to a country?
If you are refused entry to a country, you must pay:

-any fine, penalty or charge imposed on us by the government concerned
-any detention costs we are charged
-the fare for transporting you back to your place of departure and
-any other costs we reasonably pay or agree to pay.
-We will not refund to you the fare for carrying you to the place where you were denied entry.

13d)
-You must repay us fines, detention costs and other charges
-If we have to pay any fine, penalty, fee, charge or costs (such as detention costs) because you have failed to obey any laws or regulations, or other travel requirements of the country to which you have travelled to or to produce the necessary documents needed by that country, you must repay us the amount we have paid as a result. We may take this amount from the value of any unused part of your ticket, or any of your money we have in our possession."