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Processing times US non-immigrant VISA - criminal record


Processing times US non-immigrant VISA - criminal record

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AB2014
AB2014
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RT - 31 Oct 24 8:28 PM
What happens if I did say no on the ESTA, then got pulled aside by border control for questions (for whatever reason)? Can I lie there too? Wouldn’t they then be able to request access to the record? Obviously too late for me now, which is really frustrating to hear, that being honest basically means you’re screwed, but if you lied, there’s no potential for negative

If you decide to answer no, you have to stick to the story. They don't have access to our criminal records system unless they have grounds to arrest you - after all, if they could see our criminal records, they wouldn't need to ask the disclosure questions. If you answer yes, they might ask about it, but they will probably send you back to the UK and invite you to apply for a visa.

Regarding the guy who got a visa with assault on his record, if it was common assault, that isn't a crime involving moral turpitude, so it shouldn't be a problem.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

RT
RT
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What happens if I did say no on the ESTA, then got pulled aside by border control for questions (for whatever reason)? Can I lie there too? Wouldn’t they then be able to request access to the record? Obviously too late for me now, which is really frustrating to hear, that being honest basically means you’re screwed, but if you lied, there’s no potential for negative
ReformLaw
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RT - 30 Oct 24 10:55 AM
Hi all,

I’ve got a work conference in the US early Jan, however, I’ve realised I might have to play it safe & go for a B1/2 90 day VISA, due to a criminal record from over a decade ago. It’s incredibly vague on the Esta whether my crime would fall under ‘serious’ in their question, but I don’t want the embarrassment of getting turned away at the border.

1. My current Visa appointment is on 11th Dec - if I’m flying 3rd Jan from UK, is it basically impossible that my Visa would be approved & passport returned in that time?

2. Are there any tips & tricks on how to get earlier Visa interviews, other than consistently refreshing the website appointment calendar?

3. Would someone with a criminal record ever be approved on the day of Visa appointment, or does it always take longer to process? What’s the latest date I’d need to get an appointment in to realistically have a chance of getting on that 3rd Jan flight?

Thanks in advance to those who help!

My waiver of ineligibility for a drug conviction took 8 months. They may just decide your conviction is not one of moral perpitude. There was a guy in my waiting room who had a criminal record for assault and he got his visa there on the day. But I think it was only a caution.
AB2014
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DaveB - 31 Oct 24 11:18 AM
If I was in your shoes I would *not* apply for a visa. The border officer you will meet in the US does not have access to the British Police National Computer. No one has given them a big list of British criminals. They have no idea you once committed a crime unless you tell them, or an Interpol alert has been released for you.

If you apply for a visa, America knows you're a former criminal. Forever. And even if that visa is granted the border officer could still turn you away if they wanted to.

I know it's easy for me to say this when I'm not the one travelling, but it's definitely something to consider. 






Too late, as he already has an appointment, so they already know. For future readers, that might be helpful, until the Enhanced Border Security Partnership comes into force.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

DaveB
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If I was in your shoes I would *not* apply for a visa. The border officer you will meet in the US does not have access to the British Police National Computer. No one has given them a big list of British criminals. They have no idea you once committed a crime unless you tell them, or an Interpol alert has been released for you.

If you apply for a visa, America knows you're a former criminal. Forever. And even if that visa is granted the border officer could still turn you away if they wanted to.

I know it's easy for me to say this when I'm not the one travelling, but it's definitely something to consider. 






AB2014
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RT - 30 Oct 24 12:35 PM
Hi, Theft conviction from 2015- how does this impact? And how do I contact the helpline?Thanks!

You can find Unlock's Helpline contact details here. Theft is something the US authorities consider a crime involving moral turpitude, but it could still come down to the details. If you're going to get a visa, that decision is effectively taken by the agent who interviews you, so you might get an indication at the interview, and you should get your passport back a few days later either way.

=========================================================================================================

If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

RT
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Hi,

Theft conviction from 2015- how does this impact?

And how do I contact the helpline?

Thanks!
JASB
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RT - 30 Oct 24 10:55 AM
Hi all,

I’ve got a work conference in the US early Jan, however, I’ve realised I might have to play it safe & go for a B1/2 90 day VISA, due to a criminal record from over a decade ago. It’s incredibly vague on the Esta whether my crime would fall under ‘serious’ in their question, but I don’t want the embarrassment of getting turned away at the border.

1. My current Visa appointment is on 11th Dec - if I’m flying 3rd Jan from UK, is it basically impossible that my Visa would be approved & passport returned in that time?

2. Are there any tips & tricks on how to get earlier Visa interviews, other than consistently refreshing the website appointment calendar?

3. Would someone with a criminal record ever be approved on the day of Visa appointment, or does it always take longer to process? What’s the latest date I’d need to get an appointment in to realistically have a chance of getting on that 3rd Jan flight?

Thanks in advance to those who help!

Hi you didn't mention what your offence was as that would have some affect with your concerns.
If really urgent then have you talked to the staff on the Unlock hotline on this one?

Good luck.

Society suggests I must let go of all my expectations but I disagree, as whilst I have a voice, I have hope.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
------------------------------

This forum supports these words, thank you Unlock and your contributors.

RT
RT
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Hi all,

I’ve got a work conference in the US early Jan, however, I’ve realised I might have to play it safe & go for a B1/2 90 day VISA, due to a criminal record from over a decade ago. It’s incredibly vague on the Esta whether my crime would fall under ‘serious’ in their question, but I don’t want the embarrassment of getting turned away at the border.

1. My current Visa appointment is on 11th Dec - if I’m flying 3rd Jan from UK, is it basically impossible that my Visa would be approved & passport returned in that time?

2. Are there any tips & tricks on how to get earlier Visa interviews, other than consistently refreshing the website appointment calendar?

3. Would someone with a criminal record ever be approved on the day of Visa appointment, or does it always take longer to process? What’s the latest date I’d need to get an appointment in to realistically have a chance of getting on that 3rd Jan flight?

Thanks in advance to those who help!
GO


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