B2 Denial HELP ME!?

[MatthewK 1]

Hey guys and gals...

6 months ago I applied for a B2 tourist visa at the consulate in Sydney, Australia. Mainly because I have one criminal conviction, it was a first and only offense and the conviction was 'no conviction recorded'. Looking back at my decision to 'do the right and honest thing' and apply for a B2 visa, I would have to say I almost kind of regret it. Because obviously as you've probably guessed the B2 visa was denied. I think I would have almost certainly got in on the VWP if I had of just applied for the VWP and ticked the "NO" box... I regret not even applying for the VWP. I have heard so many stories of people just ticking the no box and getting through no problems. I am wondering IF I where to apply for the VWP and tick "NO" to the CIMT question and then again tick "NO" when it asks have you ever been denied a US visa before, what are the chances of it going under the system? Because I never received any letter or paperwork from the consulate officer stating a visa denial and I also did not have my passport stamped anywhere stating a visa denial. So I'm wondering would the VWP still be an option?

Any thoughts or advice?

Thanks

matt

[Penguin_ie 5,993]

Do not lie to US immigration. No one here on VJ will advise you to do so, it is against our TOS.

[MatthewK 1]

Well I am not saying I would lie, if I was a liar I would have simply lied about it in the first place. It's just more than a little ridiculous that going on a simple holiday to the USA seems to be so challenging these days, I'm a caucasian male from Australia who has 1 minor criminal conviction that simply resulted in a $600 fine. Does anyone have any suggestions or advice on obtaining a B2 Visa?

[LIFE'SJOURNEY 970]

Well I am not saying I would lie, if I was a liar I would have simply lied about it in the first place. It's just more than a little ridiculous that going on a simple holiday to the USA seems to be so challenging these days, I'm a caucasian male from Australia who has 1 minor criminal conviction that simply resulted in a $600 fine. Does anyone have any suggestions or advice on obtaining a B2 Visa?

The strikeout in your statement makes NO difference in the outcome. You have a conviction, it must be stated on the application. Take the court papers the next time you re-apply for a visitor visa.

[canadian_wife 1,822]

Trust me, they already know. If you are arrogant enough to try to fly on the VWP and tick 'no' that will get you a hefty denial and probably a ban for misrepresentation which will affect any and all future chances of getting a visa to the US

Since you have a visa denial with this charge, it is probably tied to your passport so as soon as they swipe your passport they'll know

Sorry, good luck

[GandK 168]

The immigration knows about you more than you think. Good luck trying to fool them and evade the system.

You have heard so many stories of people just ticking the no box and getting through no problems but what you haven't heard is probably equal number of people who got busted and now probably banned from entering the USA forever. Unfortunately, those people are not usually here sharing their sad stories on the internet. You only hear about lottery winners all the time, no one writes about losers.

Here are what is probably going to happen.

1) You lie on the ESTA application, you ESTA application doesn't go through and you get a rejection right away. Your VWP passport will probably be flagged for the future.

2) By miracle, your ESTA somehow get approved, you travel to the US. At the POE, the CBP swipes your passport, your flag about previous visa denied and conviction comes up, they pull you for a secondary screening. They'll put you on a detention, treat you like a criminal and put you on the next plane back home. They will even put a ban on you for lying on the ESTA form.

Edited February 5, 2012 by GandK

[MatthewK 1]

Well my friendly people, that is why I asked for your opinion on the matter, I did not say I was going to do it. Could anybody shed any light on why when I applied for my B2 a few months ago the CO would have told me to come back in a year and try again cos he felt I'd have 'more luck'.... ? Like is there some sort of 3 year cooling period on convictions that I am unaware of?

[GandK 168]

I know you are just asking. I found this on the CBP website

https://help.cbp.gov/app/answers/detail/a_id/1088/~/i-made-a-mistake-on-my-esta-application

I don't know why they told you to come back in a year but I believe the visa issuance is at the discretion of the consular officer. It is up to them to determine that you are now eligible for B2 or not at the time of visa application.

Good luck

3. You answered a question about your eligibility to travel to the U.S. under the visa waiver program incorrectly and were denied authorization as a result.

If you misunderstood the question, or thought something in your background was a reason to be denied and found out later that it was not, we advise you to contact us so we can review your answer. You should send us an email (see instruction below) explaining why you selected "yes" to that question, and asking for clarification on next steps.

If you discover that you are not eligible to come to the U.S. under the visa waiver program, because of a CIMT (such as fraud, or possession of narcotics) or other reason, your only option is to apply for a visa. At that time your previous actions, along with your current situation will be assessed, and the embassy may determine that you are now eligible to come to the U.S. on a visitor or other type of visa. If you lie on your ESTA application and are able to board a plane because of the deception, when you arrive, you will be removed and banned from entering the U.S. for up to 5 years.

[Boiler 45,525]

Do what they said, try again in a year.

[aaron2020 11,651]

Hey guys and gals...

6 months ago I applied for a B2 tourist visa at the consulate in Sydney, Australia. Mainly because I have one criminal conviction, it was a first and only offense and the conviction was 'no conviction recorded'. Looking back at my decision to 'do the right and honest thing' and apply for a B2 visa, I would have to say I almost kind of regret it. Because obviously as you've probably guessed the B2 visa was denied. I think I would have almost certainly got in on the VWP if I had of just applied for the VWP and ticked the "NO" box... I regret not even applying for the VWP. I have heard so many stories of people just ticking the no box and getting through no problems. I am wondering IF I where to apply for the VWP and tick "NO" to the CIMT question and then again tick "NO" when it asks have you ever been denied a US visa before, what are the chances of it going under the system? Zero. The US government will have your visa denial in their computer database.

Because I never received any letter or paperwork from the consulate officer stating a visa denial and I also did not have my passport stamped anywhere stating a visa denial. So I'm wondering would the VWP still be an option? It's not. You can't use the VWP after a visa denial.

Any thoughts or advice? Wait a year and try again for a visitor visa.

Thanks

matt

Lying could get you a lifetime ban from entering the US.

[MatthewK 1]

Does anybody think that waiting a year like the CO would actually increase the chances? I mean it's obvious that I will get a different CO next time so I'm wondering do they put 'notes' on your passport/file so that the next guy/girl can live up to what they said to me. If I do what the CO said and come back in a year, 3 years will have passed since the conviction. He did specify that I must not get in any more trouble, which I will confidently do. I have only ever been in trouble with the law once in my life and this whole situation was not even a direct result of my actions!

Thanks for everyones responses, greatly appreciated.

[canadian_wife 1,822]

They will absolutly know the details of your B2 denial. They know everything, they always do, that is their job

Good luck

[Harpa Timsah 13,258]

You have another thread going which says you have a US gf and want a K-1. So which is it?

[Boiler 45,525]

Ohhh

[MatthewK 1]

I am trying to decide what my best options are! Waiting a year like the CO said to and I should be able to get a B2... Or am I better off applying for a K1 because the rules may not be as harsh? I'm not sure! That's why I am asking of your opinions. I don't care if I get a B2 or a K1 I just want to be able to go and visit her. If I got a B2 I have no intention of marrying on it I just want to be able to see her and chill with her in the USA for a few months at a time. I have a high paying job in Australia and she regularly visits me here. So it's like getting the best of both worlds. As I said just trying to work out the smartest decision, I have applied for a B2 once before and it was denied because only 2 years had passed since my one and only conviction, he said to come back in a year as I would have more luck, does anybody think there is any merritt to what he said? We have NOT applied for a K1 YET. But have been considering it.