Visa Waiver

[kevg1889]

I have recently had to attend the US Embassy to apply for a visa, following a minor incident some 18 years ago that resulted in me getting a criminal record. The embassy told me they would recommend I get a waiver of permanent exclusion, and that I should hear back in around 4 weeks. That was 5 weeks ago and I have not yet heard anything. I am worried sick, as we have booked a very special (and very expensive) holiday to AKL in July, and didn't know about these new regs regarding previous criminal records until after we had booked. We have been to Florida on 3 previous occasions, the last time in 2002 and got in on the Visa waiver form.

Has anyone else had to apply in this way, and how long does it usually take before you hear anything?

 

[AlanUK]

Hi kevg1889

Welcome to the DIS

I'm not sure how long these things take as I have never had to do it myself but I hope you get to hear something soon. I am sure there are other posters though who have gone through this and will be able share their experiences with you

Just out of interest, what made you apply for a visa for this trip as opposed to using the visa waiver scheme as you have done previously??

Again I hope it all works out for you soon, it must be very stressful having to wait around for this.

 

[Goofyish]

Welcome Kevg1889

I'm sure you will hear soon - it must be a busy time at the Embassy at the moment.

 

[mandymouse]

Welcome Kevg1889

I'm sure you will hear soon - it must be a busy time at the Embassy at the moment.

I agree, and welcome to the Dis Kevg1889

 

[blademankev]

The rules have changed so I did not want to take any chances as they can turn you round at the airport, and with it being a special holiday for my 50th birthday, I just was not prepared to take a chance. I know of people though who have had convictions and gone through on the visa waiver scheme without any problem, so perhaps I am just too honest these days!!

I think it is ridiculous though, that such a trivial matter so many years ago should cause so many problems. Perhaps we should be making it as difficult for the Americans to get into our country, though I can fully understand their caution after 9/11. We are though, supposedly their closest friends, so perhaps they should recognise that if a conviction is "spent" it is in the past.

 

[disneydaft]

The rules have changed so I did not want to take any chances as they can turn you round at the airport, and with it being a special holiday for my 50th birthday, I just was not prepared to take a chance. I know of people though who have had convictions and gone through on the visa waiver scheme without any problem, so perhaps I am just too honest these days!!

I think it is ridiculous though, that such a trivial matter so many years ago should cause so many problems. Perhaps we should be making it as difficult for the Americans to get into our country, though I can fully understand their caution after 9/11. We are though, supposedly their closest friends, so perhaps they should recognise that if a conviction is "spent" it is in the past.

Hi,
It's not the conviction you really have to worry about now.
There is a pretty good chance that they will refuse your visa because you lied on the waiver forms 3 times and broke US immigration laws.

 

[Obi Wan Kenobi]

The rules have changed so I did not want to take any chances as they can turn you round at the airport, and with it being a special holiday for my 50th birthday, I just was not prepared to take a chance. I know of people though who have had convictions and gone through on the visa waiver scheme without any problem, so perhaps I am just too honest these days!!

I think it is ridiculous though, that such a trivial matter so many years ago should cause so many problems. Perhaps we should be making it as difficult for the Americans to get into our country, though I can fully understand their caution after 9/11. We are though, supposedly their closest friends, so perhaps they should recognise that if a conviction is "spent" it is in the past.

They probably do recognise them as spent. They do not have access to UK's Criminal records, the same way we do not have access to theirs.
If you go to prison then that is a different matter.
Under the rehabilitation of Offenders act, the record is expunged after so many years.

 

[kevg1889]

I didn't lie on the waiver form on my 3 previous visits, because the question was never asked. This has only become an issue under the new rules since 9/11, and still not a lot of people know the implications. I only found out by reading the small print in a bored moment. I never thought for one minute that such a trivial matter could result in me being barred from entering the US for ever, and it just makes me laugh that we welcome convicted rapists like Mike Tyson into our country without a question being asked.

I am sure that this will be resolved amicably eventually, but it is still worrying at the moment, as I am looking forward to this special holiday so much, but still live in fear of my application being rejected.

 

[alisonbestford]

Hi,
It's not the conviction you really have to worry about now.
There is a pretty good chance that they will refuse your visa because you lied on the waiver forms 3 times and broke US immigration laws.

Unfortunately this is what the Embassy told my DH when he rang to query the process

As I understand it, contrary to popular belief, the laws haven't actually changed regarding the Visa Waiver scheme - we've all just been made more aware of it

 

[disneydaft]

I didn't lie on the waiver form on my 3 previous visits, because the question was never asked. This has only become an issue under the new rules since 9/11, and still not a lot of people know the implications. I only found out by reading the small print in a bored moment. I never thought for one minute that such a trivial matter could result in me being barred from entering the US for ever, and it just makes me laugh that we welcome convicted rapists like Mike Tyson into our country without a question being asked.

I am sure that this will be resolved amicably eventually, but it is still worrying at the moment, as I am looking forward to this special holiday so much, but still live in fear of my application being rejected.

Hi,

I am almost certain that the rules regarding criminal convictions have been the same since the visa waiver program first started. (in the mid 80's I think).

I agree though that the system is unfair.

Good luck

 

[yo-ho-yo-ho]

Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.



I have a B1/B2 Visa after a minor traffic offence, better to be safe than sorry. And even with a Visa its doesn't mean you automatically gain entry.

 

[kevg1889]

Great News - I have had a letter today from the embassy requesting that I send in my passport so it looks like I will be OK, so the countdown can now begin in earnest. Only 216 days to go YIPEEEEEEEEE

 

[disneydaft]

Great News - I have had a letter today from the embassy requesting that I send in my passport so it looks like I will be OK, so the countdown can now begin in earnest. Only 216 days to go YIPEEEEEEEEE

Fantastic, at least you can relax now and get on with the planning.

 

[Tron[ADS]]

Great News - I have had a letter today from the embassy requesting that I send in my passport so it looks like I will be OK, so the countdown can now begin in earnest. Only 216 days to go YIPEEEEEEEEE

Lets hope everything is ok, and they arent wanting it to put a "do not allow in US" marker on it !

Disneydaft is right though, those criminal conviction questions have been on the form since I started going in '96, so you did either lie, or just tick the boxes without reading them.

This topic crops up here from time to time. It might be worth going back and reading some of the historic posts. I am sure there was someone who got knocked back for previously lying on the visa waiver.