Urgent help needed on Visa query

[yo-ho-yo-ho]

If you decide to travel on VWP then don't ever try applying for a visa because of an issue in your past that took place before your VWP trip.

Well i got my visa no bother, i just explained why i had used the VWP - non of my misdemeanors involved Moral Turpitude. I have a 10yr B1-B2 Visa.


homerdog if you'd like to place a small wager that i'm wrong i'll take you up on it. Remember the Rehabilitation of Offenders act doesn't apply in the U.S

You even said it yourself "Technically, minor speeding violations are a criminal offence,"

Say you contest a speeding ticket in court and lose that is then put on your record - i should know i've had it happen to me. The only thing i'm not sure of is how long it stays on for 5 or 7yrs. But say it happened in 2001 and you had another conviction in 2005 the first offence stays on till the second is completed.


From the U.S Embassy

"Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa."


Only fixed penalty notices are ok.

 

[alisonbestford]

One additional point that I would make.

If you decide to travel on VWP then don't ever try applying for a visa because of an issue in your past that took place before your VWP trip.

They will, of course, know about the trip on VWP and will refuse a visa on the grounds of previous illegal entry.

This is, in fact, what the Embassy official told DH when he called.

It seems a rather silly ruling to me but, as with anything,IMHO, much of it probably depends on which official you end up talking to......................

 

[spotlight]

Hey everyone,

Just to say a big thanks to everyone who has contributed to this discussion so far. It really has helped us a lot! I heve very much enjoyed reading the replies to the debate both for and against.

I was wondering though, as someone posted parts of the visa-waiver form questions up could someone provide a link or paste in all the questions that are asked? I have seen a scanned copy of the questions from 2000 but was wondering if this all changed since 9/11? I suppose knowing exactly what questions are likely to come up may help as it is a little to do with fear of the unknown now. It would be nice to answer them with a clear conscience and from what I have heard so far this may be the case.

 

[yo-ho-yo-ho]

Try this link - you can make out the question http://www.immihelp.com/visas/i-94w.html Try not to worry i think you'll be fine.

 

[yo-ho-yo-ho]

This one is better click on the form at the bottom and then enlarge them. http://www.cbp.gov/xp/cgov/travel/id_visa/vwp/i94_samples.xml

 

[florida sun]

Spotlight

Have a wonderful holiday

 

[homerdog]

homerdog if you'd like to place a small wager that i'm wrong i'll take you up on it.

You even said it yourself "Technically, minor speeding violations are a criminal offence,"

Say you contest a speeding ticket in court and lose that is then put on your record - i should know i've had it happen to me.

Speeding is a non-recordable offence, i.e. it is not punishable by imprisonment and is not listed in the Schedule to the National Police Records (Recordable Offences) Regulations 2000. You do not receive an entry on PNC (Police National Computer).

I don't know what 'record' you are referring to (perhaps you mean the endorsement on your licence, or the result of the case that would be filed in the Magistrates Court).

The fact that the US Embassy would like you to tell them about it is a completely different matter, but should you decide not to, there is absolutley no way they can find out, because there is no legal gateway available for them to receive the information, even if they tried.

Anyway, I don't want to go on ad nauseum and the OP has seen enough to make their own mind up, so that's the last I'll say in this thread

 

[Obi Wan Kenobi]

A sppeding offence is only entered onto your driving record, even if you do not have a licence.
This is separate from a criminal record.

Criminal records are offences where a term of imprisonment can or could be imposed for the offence

 

[yo-ho-yo-ho]

I can assure you that when you apply to the court and the police for the information held on you a driving offence is recorded, i had to get my record for my visa.

Quote

"The Police National Computer (PNC) is a computer system used by police forces in the UK. Created in 1974 and now consisting of several databases accessible 24 hours a day, giving access to information of national as well as local significance. It is run by the Police Information Technology Organisation (PITO). Major databases include:

Criminal records - Contains information and descriptive details of people who have been convicted / cautioned or recently arrested, including links to fingerprints and DNA. Full details of all convictions are stored. Further listed are persons who are wanted, missing or disqualified from driving."

 

[Obi Wan Kenobi]

as you say yourself

"Criminal records - Contains information and descriptive details of people who have been convicted / cautioned or recently arrested, including links to fingerprints and DNA. Full details of all convictions are stored. Further listed are persons who are wanted, missing or disqualified from driving."

Disqualification from driving, not driving offences. Again, driving whilst disqualified is a Criminal offence liable to a term of imprisonment.

 

[alisonbestford]

Anyone else feel that this thread's started to go round in circles................. ?

 

[yo-ho-yo-ho]

Obi do you have a Visa or applied for one?

I can only repeat what i've said, i had to get my courts records of 2 driving offences ( minor convictions ) and a letter from the police.

And i repeat what it says on the U.S Embassy website.

"Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa."

Only fixed penalty notices are ok.

 

[UKDEB]

Anyone else feel that this thread's started to go round in circles................. ?

Yes, I think it's served its purpose.

 

[Red-Snapper]

 

[florida sun]

Yes, I think it's served its purpose.

 

[Obi Wan Kenobi]

Obi do you have a Visa or applied for one?

I can only repeat what i've said, i had to get my courts records of 2 driving offences ( minor convictions ) and a letter from the police.

And i repeat what it says on the U.S Embassy website.

"Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa."

Only fixed penalty notices are ok.

Yes I have a ten year renewable one for buisness purposes.
And I have speeding offences which i have never had to declare

 

[yo-ho-yo-ho]

Yes but did those speeding offences go to court ? and if you had to and lost you now have a conviction.

Conviction

The judgment of a jury or judge that a person is guilty of a crime as charged.
The state of being found or proved guilty: evidence that led to the suspect's conviction.

Which would mean under VWP rules you'd need a Visa.

It's not rocket science, "Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free"


I'm sorry i don't make the rules i only follow them, no matter how much i dislike them.

 

[Tron[ADS]]

Just to add my own (well 3rd party) experience. A relative of mine was done in court for benefit fraud about 15 years ago (working whilst claiming benefit). This person regularly travels on the VWP and doesnt disclose the offence. They have no problems whatsoever doing so.
The irony about the offence though, is that I work in benefit fraud detection software, had the offence been committed now, its likely I would have a hand in detecting it.

 

[Miffy2003]

Just bowing to popular consensus and closing the thread