2009 Help

[thelittlemermaid83]

Hi Guys

Im new to the board firstly and foremost and a huge Disney Fan. Ive been twice when i was 8 and then what i was 21 im now 24 and planning on a family holiday with my mum,dad and my daughter in 2009.

I have read about the rules in regarding a visa and i should techincally apply for one as i have a criminal record that involves Fraud in iam not ashamed of this as i was innocent and was only convicted as i was in the wrong place at the wrong time.i didnt get a prison sentance but a 6 months suspended sentence with 12 months probation. I also know that if i applied via the embassy for a visa i would get refused, so im going to try my luck and tick the no box on the wavier form.

Also when will i be able to book for may 2009 will these dates be released soon?

My daughter will be 3 so any suggestions what i can plan to make her holiday a one to remember....

hopes this makes sense lol

 

[jtlover]

Welcome to the boards.

I dont have any advice on the visa - maybe you could ask citizens advice what they think is the best thing to do - bearing in mind you are talking 2 years away, will the conviction still count?

I would suggest that you look at all options for going - you will get lots of advice on these boards. You can go with travel agents, but usually it is cheaper to book everything yourself separately. We usually fly with Virgin and get flights either when they come out about 11 months before you fly or find offers with The Daily Mail for flying in off peak times. February 2006 we got flights with Daily Mail and Virgin for £776 for all 3 of us, not each, total!!!!

 

[thelittlemermaid83]

well the conviction was Dec 2006 and im planning on going may 2009 so who knows. I just have to hope im not that unlucky person who gets checked. But im thinking that i may get checked as my daughter is mixed race and has her dads surname and we are not married.

Why they making it harder for us to have to good holiday with all the stress before we even get there.

 

[Obi Wan Kenobi]

Perhaps you should look at going to DLP instead?

If you get caught, and there is a chance as its an offence which a term of imprisonment was issued, albeit suspended with probation, this in legal terms is just under an imprisonment sentance, you will be refused entry and sent back to the UK on the next available plane and the airline will charge you for doing so. This will cause much trauma to your child and your parents.

 

[thelittlemermaid83]

Perhaps you should look at going to DLP instead?

If you get caught, and there is a chance as its an offence which a term of imprisonment was issued, albeit suspended with probation, this in legal terms is just under an imprisonment sentance, you will be refused entry and sent back to the UK on the next available plane and the airline will charge you for doing so. This will cause much trauma to your child and your parents.

I just dont know how the hell they will know, im not a threat to anyone, i would of served my probation (Which actually ends this december) etc. My friend has been 3 times this year and her husband was convicted of fraud and hes had no problem. I know the implications involved i just think its worth chancing. Like other people has said they have "bigger fish to fry". Why should my daughter be punished and not get to go WDW because of something that happened to me. Its like admitting you have mental health issues, how the hell will they know that unless your a axe stabbing physcho whos been admitted to a physch ward before.

Personally DLP doesnt appeal to me, ive been flordia twice in the past and for that anything is worth the risk, UNLESS by 2009 i hear that the US immagration have got access to all UK criminal records. From wot it seems they dont have anything on you unless you admit to it when you step on the plane or your a wanted terriost or drug baron or murderer.

I know alot of people who would disagree and say its not the worth the risk and i should apply to Embassy, which before hand i did consider but after hearing from many who have gotten in no problems with a criminal record i now think differently. The last time i went in OCT 2004 i was arrested and cautioned for shopping lift 2 years before hand and they never pulled me to one side or anything.

If anyone has gotten into the US with a criminal record and ticked no on the box please get back to me or PM me, of anyone who has ticked no yet had one and has been refused i really would be interested to hear what happened.

back on the subject of april/may 2009 tickets does anyone know when these will be avaliable to book?


sorry for the long message.

 

[Obi Wan Kenobi]

The descison can only be yours. Just be awatre of the consequences.
Regardless of whether you hafve served your probation or not, you committed and were convicted of a crime which included a term of imprisonment. This will stay on your record for a period of time (I cannot remember now how long, something around five to ten years) before the Rehabilitation of Offenders act comes into play.
As this was an imprisonable offence and was subject to a sentance of imprisonment, the record will be available to both the US and any other country through Interpol.

But the choice still comes down to you as to whether you want to risk it or not with another case of deception.
It is illegal to lie on the Visa waiver form, which is what you are proposing to do.

 

[thelittlemermaid83]

The descison can only be yours. Just be awatre of the consequences.
Regardless of whether you hafve served your probation or not, you committed and were convicted of a crime which included a term of imprisonment. This will stay on your record for a period of time (I cannot remember now how long, something around five to ten years) before the Rehabilitation of Offenders act comes into play.
As this was an imprisonable offence and was subject to a sentance of imprisonment, the record will be available to both the US and any other country through Interpol.

But the choice still comes down to you as to whether you want to risk it or not with another case of deception.
It is illegal to lie on the Visa waiver form, which is what you are proposing to do.

I thought interpol only kept details of terriosts and murderers and wanted people not names of people who did petty crimes weather given prison sentances or not.

Obv lying mite be the only way i get to into the country. I cant risk applying for a visa getting refused and being banned for life.

 

[Goofyish]

Strictly speaking, you should have got a visa in 2004 due to your arrest and caution.
If you do apply for a visa, that arrest will appear on your PNC check that you need when applying for a visa. So they may want to know why you used the Visa Waiver form for your past trip.

From the US Embassy website:


Under United States visa law people who have been arrested are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction.

Documents relating to your arrest and/or conviction:

Applicants applying for a visa at the Embassy in London or the Consulate General in Belfast are required to furnish a Subject Access Statement from the National Identification Service (NIS). The NIS is operated by the Metropolitan Police Service on behalf of all UK forces. The application form and further information is available from their website at http://www.met.police.uk/dataprotection/forms.htm . The Subject Access Form that you are required to complete is the Police National Computer Form (Form 3019B).
Residents of the Metropolitan area (most of London) should submit their request to the Metropolitan Police. Residents outside this area, should subject their request to their local police service. The Metropolitan Police Service website can assist you in locating the individual police services throughout the United Kingdom. Residents of Northern Ireland should subject their request to the Police Service of Northern Ireland. Further information is available from http://www.met.police.uk/dataprotection/forms.htm .
NOTE: The NIS must have been issued less than 6 months before your scheduled appointment date. If the statement was issued prior to this you will need to obtain an updated statement BEFORE attending your interview.


http://london.usembassy.gov/cons_new/visa/niv/arrests_and_convictions.html

 

[Obi Wan Kenobi]

I thought interpol only kept details of terriosts and murderers and wanted people not names of people who did petty crimes weather given prison sentances or not.

Obv lying mite be the only way i get to into the country. I cant risk applying for a visa getting refused and being banned for life.

Its not a petty crime if the magistrates or Judge decided that the case was so severe that only a term of imprisonment should be imposed. You were given Probation and a suspended imprisonment I would guess after probation reports. This is the only level below being actually sent to prison. If this was your first offence then this is a very severe punishment.
Interpol has access to all persons given terms of imprisonment, which is what you were given.

Getting banned for life might be the least of your worries if picked up by US immigration!

But only you can make that descision.

 

[thelittlemermaid83]

Hi thanks for that,

But unless someone tells me that they for sure will have my "past criminal activities" on file i will get a visa-waiver. From what ive heard its against the data protection act for the UK to pass on criminal records to the USA unless your a wanted terriost, warrant for arrest, murder etc a threat to person or persons(s).

Like i said my friend and her husband are over there now, he has conviction of credit card fraud has been 3 times this year and has never been questioned. Im guessing they will only check if you look suspicious, shifty or your rude to immigration.

I just dont want to risk a visa being turned down which means i wont ever get into the US, or just lie and carry the risk of being turned back when i get there. Mind you i have no problem paying for my flight home and my parents know they can take my daughter and enjoy the holiday without me.

like i said anyone who has been in the US with a conviction and ticked No please pm me or visa versa.

 

[jtlover]

Hi thanks for that,

But unless someone tells me that they for sure will have my "past criminal activities" on file i will get a visa-waiver. From what ive heard its against the data protection act for the UK to pass on criminal records to the USA unless your a wanted terriost, warrant for arrest, murder etc a threat to person or persons(s).

Like i said my friend and her husband are over there now, he has conviction of credit card fraud has been 3 times this year and has never been questioned. Im guessing they will only check if you look suspicious, shifty or your rude to immigration.

I just dont want to risk a visa being turned down which means i wont ever get into the US, or just lie and carry the risk of being turned back when i get there. Mind you i have no problem paying for my flight home and my parents know they can take my daughter and enjoy the holiday without me.

like i said anyone who has been in the US with a conviction and ticked No please pm me or visa versa.

I do hope you can go on your holiday with your family. If you got turned back would your family still be able to go into USA though?

 

[thelittlemermaid83]

yes, as they have no criminal records or been arrested etc so why they would refuse them and small 3 year old child beats me.
As long as my daughter gets to experience the magic i have at WDW then i am not worried if i get turned away or not as i know my mum and dad would give her a wonderful holiday weather i made it past the border or not.

I have looked on the interpol website and im not in the wanted or suspicious people section which i guess is a good sign lol

 

[mollies_mum]

I received a caution 8 years ago for assault and I was concerned that I would be unable to get through immigration.
Before I went I paid £10 to my local police station and they send a form off and it comes back with any information the police have about you.
My came back as clear so I ticked the box on the green form no probs. Maybe you could do this?
I was told by the police that the USA immigration computers are not linked to ours so they wouldnt know of any of our convictions anyway. They only have records of terrorists.
I spent ages worrying with no need. Of course the decision is completely yours, good luck!
Ruby x

 

[thelittlemermaid83]

I received a caution 8 years ago for assault and I was concerned that I would be unable to get through immigration.
Before I went I paid £10 to my local police station and they send a form off and it comes back with any information the police have about you.
My came back as clear so I ticked the box on the green form no probs. Maybe you could do this?
I was told by the police that the USA immigration computers are not linked to ours so they wouldnt know of any of our convictions anyway. They only have records of terrorists.
I spent ages worrying with no need. Of course the decision is completely yours, good luck!
Ruby x

Hey, ive decided to wait a extra year before i go now lol, decided to go DLP next year then save to go WDW.

Tho im gutted i cant go seaworld sooner lol, ill have to settle with the sea life centre in paris instead lol.

 

[Pooh Bear Hugs]

Please don't take the risk you are much better off pleading your case to get a visa before you travel.

 

[Missy H]

Could you not get a friend to enquire at the embassy as to your chances would be?

 

[thelittlemermaid83]

Could you not get a friend to enquire at the embassy as to your chances would be?

Im actually just going to go and lie and if i get turned away then i get turned away. My friend is actually paying for me to go with her now and she knows i could get refused and she is cool with it.

So fingers crossed lol

 

[mollies_mum]

I think thats what I would do. Immigration didnt even ask me anything, they just asked my daughter if she was going to see Mickey mouse.
Try not to worry about it too much,
Ruby x

 

[thelittlemermaid83]

I think thats what I would do. Immigration didnt even ask me anything, they just asked my daughter if she was going to see Mickey mouse.
Try not to worry about it too much,
Ruby x

I think ill leave the worrying till im off the plane. I know ill be having a large vodka tho to calm my nerves lol.

 

[mollies_mum]

I was worried as well but it really was fine. Just tick the right box on the waiver form!
Have fun,
Ruby x