Another Visa Waiver Question

[baz]

out of curiosity has anyone been given there marching orders when entering florida due to not declaring convictions, or do they know anyone who has.
i have motoring convictions from over 12yrs ago and when i went to the court where they imposed them, the clerk was unable to find them as she said only convictions from after 96 are held on computer and that anything before then would be held on paperwork and very difficult to find, maybe she was just a little lazy..

 

[Celestine]

Baz - depending on what your motoring convictions were you may, or may not have been lucky. Not all records are computerised, however criminal recoerds are still available as microfiche and held back to the 1970s. If your conviction was a speed with points/fine only, the clerk may well be speaking the truth.

 

[baz]

hi celestine,
my convictions were just speeding etc, i've been in touch with my local police and they've mailed me the documents i need to fill in, although i'm not sure whether to apply for a visa or not.

 

[gavvy]

If your conviction is just for speeding then you do not need a visa- even if you had to go to a court to be delt with- however if you were caught driink driving or anything thien this is classed as more serious so you would need a visa.

Speeding fines are not recorded on the police data base- they are just about the only things that are not- when i had my disclosure sent to be by the CRI in march my speeding offence did not show up. - so baz you will be fine and dont need the hassle of getting a visa

 

[Celestine]

Baz

Gavvy is right. THe only motoring convictions recorded are when you have lost your license or been found guilty of drink driving or careless driving. Basic speeds & parking are not, unless you end up losing your license. If your points are no longer on your license, i.e more than 3 years old or you've never lost your license & not been convicted of drink driving, I wouldn't bother getting a visa - unless of course you are a persistent offender who always has 9 points !!!

 

[baz]

thanks for the replies,
but i can't believe they want people to apply for visas for things like motoring offences, if someone is seriously injured yes, but even things which may have happened many years ago when some people were teenagers.
i understand on the need to clamp down but it just seems like a money generating scheme to me.
a disqualified driver is hardly a menace to society

it just seems to be a lot of bother for your average holidaymaker

 

[homerdog]

The US authorities do not have access to PNC (where UK criminal records are recorded).

Unless you are involved in crimes across international borders, I wouldn't worry too much

 

[gilld]

Maybe I'm just being a goody goody, but surely the regulations are there for a reason and whether or not we like them, they should be obeyed. If the situation were reversed, I think we'd want our immigration authorities to stick to the letter of the law.

 

[alexandra uk]

Eve

I am really shocked that your Cousin's hubby was refused just for Criminal Damage.

Was that the only thing they refused him on ?

If thats the case then anyone with a conviction more serious than Criminal Damage has got no chance

 

[uktigger]

alexandra
we were shocked too we thought that it was going to be ok,what they told him was that because he is not working(been out of work for a couple of years)they are refusing him the visa becuase he has no job to come back home to and that he could claim asylum over there
the only questions they kept asking was how did they pay for holiday and who paid for it, they was not at all interested in the conviction
i think that is was an unfair decision that they made but at the end of the day they are the ones that can say who comes and who goes

eve

 

[alexandra uk]

It stinks Eve

I really sypmathise with you.
I know how you feel because we had to cancel 6 weeks before departure due to simalar(ish) circumstances.
We were absolutely gutted.

I hope you can work something out.
Keep us posted

 

[uktigger]

alexandra
as far as i know his sister is going to do a letter of appeal and she is going to take it up to the embassy this week and my cousin is going to visit her local mp to see if there is anything they can do but i have to say it is not looking very hopefull because as you can see from my countdown we have only 2 weeks untill we travel
i will give updates as and when i get news from my cousin

what really is getting to me is how can they turn people away because they are not working i bet there is a lot of people coming and going that haven't got jobs

eve

 

[Celestine]

I think one of the interesting points this raises is how many people each year from the UK (British p/port holders) actually claim asylum in the US? I'm sure there can't be many. I know that the UK use this a reason based on probabilities, particularly if the person applying for a visa is from a country that would view the UK & it's way of life as desirable & better than their own, but surely the difference between the US & UK would be minimal?

 

[baz]

i think the best plan really, is to just take your chance regards the visa, as it's already been said if you got in last time you'll probably get in again, when we went last year a few of the people in our group were what you would call tearaways when they were younger, although this was many many years ago and they had no problems.
but to be fair we were not even aware that you had to apply for a visa if you had been a little naughty, until reading it on this board

 

[kazzie]

Eve,

So sorry to hear about your cousin

What a shame there might not be time to appeal,surely there are grounds for appeal there? If the person was mostly interested in how he could afford the holiday etc. surely thats none of their business|?Maybe there was some 'resentment' there

 

[AndRu]

Originally posted by baz
i think the best plan really, is to just take your chance regards the visa, as it's already been said if you got in last time you'll probably get in again

:sigh: As of the 26th October this year the rules change and if you have been arrested (not even charged) you need to get a VISA from the US Embassy.

The 'best plan' as you put it is akin to allowing a drunk driver to take you home. Sure, in the past he's made it without crashing the car but do you really want to run the risk when you know what the results might be?

If you have any doubts at all, go to the US Embassy Web Site and read their FAQ's. To flout their new laws and regulations is a very dangerous path to take.

 

[uktigger]

hi kazzie
his sister is going to go up to the us embassy with an appeal letter(altough i don't think there is an actuall appeal process) basically just stating the fact they they hadn't questioned him on the conviction but how he could afford he holiday, altough i don't hold out much hope i think once their minds are made up that's it and plus we only have 12 days untill we go
i will keep you posted if any thing happens

eve

 

[kazzie]

They can but try,ther's nothing to lose by having another go

We'll be 'there' at the same time,I'm going on October 14th

 

[alexandra uk]

Hi Eve

I posted about your problem over on The Dibb and this is what someone posted back



" The only thing I could suggest to them would be to seek the consulate generals opinion and if needs be, provide documentation of how the holiday was paid for...failing that a communication to the embassy stating that the holiday was perhaps a planned item prior to them losing the job and was saved for at that time,

Weird one that....., but does not console them i know, but still worth a try "

 

[uktigger]

alexandra

sorry to sound thick i have never heard of the general consulate,how can i get in contact?

thank you for your help and i will pass any info i get here onto my cousin
the money my cousin used for this trip was infact savings that she had in the bank for quite a few years, they are all quite devestated (sp) that this has happend

kazzie,where are you staying?we are staying at all star movies

eve