Szanne500

Hi, I am desparate for any help and advice regarding the tourist visa to the
USA. My family are due to go on a holiday to Florida on the 16th of this
month but my husband has been declined a visa. He had a arrest and fine 14
years ago and the consulate officer seemed fine with this, however he then
questioned as to whether my husband declared his criminal record on the
waiver form on our last holiday to Florida in 2004. My husband is sure he did,
but the officer disagreed saying he would have been stopped in Immigration.
Trouble is no one went through Immigration that night as we flew into
Hurricain Charlie!! All staff packed up and left and we stayed an
uncomfortable night on the airport floor! It has taken 4 weeks for the
Embassy to decided that my husband did not declare his past record and has
denied him access under false misrepresentation on entering the USA. Our
local MP has written to the Embassy on our behalf but so far has had no reply
and we are now desparate with only 10 days till our holiday, my children are
gutted that their Dad may not be coming and I am terrified of the prospect of
holidaying without him (The holiday cost £6000 and took 3 years to pay for).
Unfortunately for us time is running out but I am really hoping that someone,
somewhere may have had a similar expirince and can offer us advice or suggest
an avenue we havent tried yet.........?
Thaking you in anticipation
Su.

Elvira

> Hi, I am desparate for any help and advice regarding the tourist visa
> to the
> USA. My family are due to go on a holiday to Florida on the 16th of
> this
> month but my husband has been declined a visa. He had a arrest and
> fine 14
> years ago and the consulate officer seemed fine with this, however he
> then
> questioned as to whether my husband declared his criminal record on
> the
> waiver form on our last holiday to Florida in 2004. My husband is sure
> he did,
> but the officer disagreed saying he would have been stopped in
> Immigration.
> Trouble is no one went through Immigration that night as we flew into
> Hurricain Charlie!! All staff packed up and left and we stayed an
> uncomfortable night on the airport floor! It has taken 4 weeks for the
> Embassy to decided that my husband did not declare his past record and
> has
> denied him access under false misrepresentation on entering the USA.
> Our
> local MP has written to the Embassy on our behalf but so far has had
> no reply
> and we are now desparate with only 10 days till our holiday, my
> children are
> gutted that their Dad may not be coming and I am terrified of the
> prospect of
> holidaying without him (The holiday cost �£6000 and took 3 years to
> pay for).
> Unfortunately for us time is running out but I am really hoping that
> someone,
> somewhere may have had a similar expirince and can offer us advice or
> suggest
> an avenue we havent tried yet.........?
> Thaking you in anticipation
> Su.

Was the arrest for a CIMT?

If so, you have a problem.

If not, I don't think it even has to be declared on the VWP form.

Why did he apply for a visa in the first place if he was previously able
to use the VWP?

I think you probably need to consult a UK-based immigration lawyer
specialising in US immigration.

Ray

> Was the arrest for a CIMT?
>
> If so, you have a problem.
>
> If not, I don't think it even has to be declared on the VWP form.
>
> Why did he apply for a visa in the first place if he was previously
> able to use the VWP?
>
> I think you probably need to consult a UK-based immigration lawyer
> specialising in US immigration.

Sounds like they believed he lied on his previous WV form
and if the conviction was for drugs ..thats basically it ..

If the offence was a minor one and not a CIMT
(crime involving moral turpitude) it may be worth
more investigation ..

Szanne500

Thanks for ur reply.
His arrest was for crime of moral turpitude. In 2004 he didnt need a Visa, we
applied as our travel firm advised us to if he had any conviction or arrest,
Honesty does not pay!!!

Elvira wrote:
>> Hi, I am desparate for any help and advice regarding the tourist visa
>> to the
>[quoted text clipped - 32 lines]
>> Thaking you in anticipation
>> Su.
>
>Was the arrest for a CIMT?
>
>If so, you have a problem.
>
>If not, I don't think it even has to be declared on the VWP form.
>
>Why did he apply for a visa in the first place if he was previously able
>to use the VWP?
>
>I think you probably need to consult a UK-based immigration lawyer
>specialising in US immigration.

J. J. Farrell

On Aug 6, 2:41 pm, "szanne500" <u36414@uwe> wrote:
>
> His arrest was for crime of moral turpitude. In 2004 he didnt need a Visa, we
> applied as our travel firm advised us to if he had any conviction or arrest,
> Honesty does not pay!!!

No, that's essentially your problem - in 2004 he DID need a visa but
he didn't apply for one. He wasn't entitled to use the Visa Waiver at
that time, and doing so has put him into a bigger mess than the
original conviction. He should have been refused entry on the Visa
Waiver (or at the very least his declaration of the crime on the Visa
Waiver application should have been recorded) but equally he shouldn't
even have attempted to enter on the Visa Waiver. Not getting properly
inspected got you into the USA then, but has caused you lots of
trouble now.

I'm sorry to say it, but I don't think you'll be able to get round
this, certainly not in time for a holiday in 10 days. As has been
recommended, a good USA immigration lawyer is your best hope, but I'll
be surprised if he can help much, and amazed if he can get your
husband a visa by the 16th.

Fatbrit

> Thanks for ur reply.
> His arrest was for crime of moral turpitude. In 2004 he didnt need a
> Visa, we
> applied as our travel firm advised us to if he had any conviction or
> arrest,
> Honesty does not pay!!!
>
> Elvira wrote:
> >> Hi, I am desparate for any help and advice regarding the tourist
> >> visa
> >> to the
> >[quoted text clipped - 32 lines]
> >> Thaking you in anticipation
> >> Su.
> >
> >Was the arrest for a CIMT?
> >
> >If so, you have a problem.
> >
> >If not, I don't think it even has to be declared on the VWP form.
> >
> >Why did he apply for a visa in the first place if he was previously
> >able
> >to use the VWP?
> >
> >I think you probably need to consult a UK-based immigration lawyer
> >specialising in US immigration.

Afraid you've had it, really. Your MP writing will be about as much use
as a chocolate teapot. There may be a waiver (I-192) but not sure if
it's applicable to your circumstances, it costs a fortune ($500+), I can
guarantee that it'll be months before you get it back, and I'm not
particularly sure they'd grant it given the described anyway.

And, yes, honesty doesn't always pay, life's a sh!t, etc. The far east
is nice as long as you don't go during the monsoon. And if it's Disney
you were after, there's one near Paris, I believe. Would cross the US
off your destination list if I were you. It's going to be more of a pain
than is worthwhile now.

Meauxna

> Hi, I am desparate for any help and advice regarding the tourist visa
> to the
> USA. My family are due to go on a holiday to Florida on the 16th of
> this
> month but my husband has been declined a visa. He had a arrest and
> fine 14
> years ago and the consulate officer seemed fine with this, however he
> then
> questioned as to whether my husband declared his criminal record on
> the
> waiver form on our last holiday to Florida in 2004. My husband is sure
> he did,
> but the officer disagreed saying he would have been stopped in
> Immigration.
> Trouble is no one went through Immigration that night as we flew into
> Hurricain Charlie!! All staff packed up and left and we stayed an
> uncomfortable night on the airport floor! It has taken 4 weeks for the
> Embassy to decided that my husband did not declare his past record and
> has
> denied him access under false misrepresentation on entering the USA.
> Our
> local MP has written to the Embassy on our behalf but so far has had
> no reply
> and we are now desparate with only 10 days till our holiday, my
> children are
> gutted that their Dad may not be coming and I am terrified of the
> prospect of
> holidaying without him (The holiday cost �£6000 and took 3 years to
> pay for).
> Unfortunately for us time is running out but I am really hoping that
> someone,
> somewhere may have had a similar expirince and can offer us advice or
> suggest
> an avenue we havent tried yet.........?
> Thaking you in anticipation
> Su.

Terrified? Where on earth are you going?

Fatbrit

> Terrified? Where on earth are you going?

Must be Orlando. You'd be terrified with all those drunk British chavs
everywhere!

Ray

> Must be Orlando. You'd be terrified with all those drunk British chavs
> everywhere!

Ah!!! Orlando .. I can provide an armed escort for the usual fee..

Meauxna

> Must be Orlando. You'd be terrified with all those drunk British chavs
> everywhere!

heh.. Mom and I rented a convertable last time we were there on our own.
Had a great time terrifying the natives.