Denied b2 visa due to criminal records

[Noah Lot 391]

There is, but your offense is too recent. Not enough time has passed for everyone to know that it was a one-off. Your IO told you to come back in a year. That sounds like a sort of grace to me.

Agree.....only one person committed the crime....it is not my fault, nor other contributors' fault...if you don't like our laws or disagree with our rules, well, why not write or call OUR CONGRESS and DEMAND they change the rules to suit you????? Good Luck....meanwhile....toss a shrimp on the bar-bee...or, head off to your local home repair store and ask for an attitude adjustment wrench...apply liberally.

Edited February 13, 2012 by Noah Lot

[Rebecca Jo 1,962]

Hey there, dont worry you are not alone in this state of confusion! my conviction is my first and only and all I got was a $600 fine, no jail, no suspened sentence, no community service or anything. The offence was 'assault occasioning bodily harm'. It absolutely sucks because all I was doing was defending myself from a gentleman who'd previously attacked me. But that doesnt really matter, what matters is the maximum penalty for that conviction is 7 years in prison

Even though the CO said to come back in a year, what guarantee's have I got that I will get the same guy again? Highly unlikely, I expect to go back in a years time and some other CO will tell me the same thing, come back in a year. Basically just so they can make another $160 or so. What they fail to realise is they are just damaging their own economy by not letting me in to spend tens of thousands of dollars of my money in their country. SIlly. very silly.

never the less, I will try again in a year and hopefully I will have more luck as he suggested, I really do

hahahahahahaahahahahaha

That's pretty funny.

[MatthewK 1]

I understand what you're saying it's just disappointing to see that it's not such a 'free world' after all. I really don't think one fine should disqualify a person from seeing the world. Australia FYI is actually pretty lenient on letting in criminals from around the world. One fine would not stop a person coming here to visit or for marriage purposes.

[Noah Lot 391]

How can we (the US) be CERTAIN that you would not commit a similar crime in our country? Just because you say you wouldn't doesn't make it so....there are lots of other countries in the world to visit.

You may think our laws are unfair, but that is just your opinion...and your opinion won't change our laws....put yourself in the VO's shoes...would YOU want to issue a visa to somebody who had committed bodily harm to another (forget the reasons) based soley on their promise not to do it again..?? and how would you feel if you discovered said visa recipient went to the US and punched out somebody in Disneyland? I would not want to have to endure such an experience...far easier to 'just say no...' because there is NO downside to denying the visa...the US economy is not going to go bankrupt because Matt was denied a chance to spend a few dollars here....when in doubt, keep them out.

[Dottielady 0]

This forum is aimed at trying to help people decipher the long, and often confusing, process of applying for any type of US visa, it is NOT the place for an, obviously patriotic, American to pass judgement on others. This has clearly got a little out of hand, and I find it difficult to accept, Noah Lot, that you have the audacity to tell someone else to check their attitude, and then openly mock an entire country "throw another shrimp on the barbie?" is that what you would consider helpful or informative because I certainly do not!!!

Some interesting points have been raised, but, for the most part, Noah Lot you actually seem to know very little-almost everything you have said I could easily have found on the embassy, or other websites. For you information, a UK citizen is actually elgible for acceptance into the USA, via the visa waiver programme, so the ability to be a tourist in America is, in fact, NOT a privilege but a right. We, as individuals with a criminal record, have given up that right, hence the need to be interviewed by a CO at the embassy. The whole point of the visa interview is to take a considered and informed kook at each individual applicants case and assess whether or not they should be elgible for a visa, of any nature. Why bother giving the option of 'overlooking' previous misdemeanours by conducting interviews and giving visas to some individuals, surely any body with a previous criminal background has the potential to reoffend in the US. The other thing that certainly needs mentioning is that there are lots and lots of people, with severe criminal records involving drugs, violence and sexual offences that go to the US, dispense with the visa process (which, I think, speaks volumes about their morals and integrity) and enter the USA with no problem at all. Some, no doubt, return and some ,I'm sure overstay and go on to commit crimes and cause problems within the country. The system appears to be fundamentally flawed. The reason I, personally, started this post on this forum was because I am ashamed, embarrassed and disappointed that I allowed myself to commit this crime. I feel terrible that my lack of judgement, naiviety and stupidity could cost my children the chance to go to America on holiday, so I am looking for help in going through the proper channels to allow me to take my boys away. With respect, if I needed sweeping statements and judgement there are plenty of places I could go, I was hoping the members on here would offer some concrete evidence, advice and/or personal experience to get me through this process. I am still hopeful that will happen.

[Boiler 46,086]

For you information, a UK citizen is actually elgible for acceptance into the USA, via the visa waiver programme, so the ability to be a tourist in America is, in fact, NOT a privilege but a right.

That is not right, VWP allows you to knock on the door.

We, as individuals with a criminal record, have given up that right, hence the need to be interviewed by a CO at the embassy. The whole point of the visa interview is to take a considered and informed look at each individual applicants case and assess whether or not they should be elgible for a visa, of any nature. Why bother giving the option of 'overlooking' previous misdemeanours by conducting interviews and giving visas to some individuals, surely any body with a previous criminal background has the potential to reoffend in the US.

One of the reasons they look at the severity of the crime and the subsequent rehabilitation.

The other thing that certainly needs mentioning is that there are lots and lots of people, with severe criminal records involving drugs, violence and sexual offences that go to the US, dispense with the visa process (which, I think, speaks volumes about their morals and integrity) and enter the USA with no problem at all. Some, no doubt, return and some ,I'm sure overstay and go on to commit crimes and cause problems within the country. The system appears to be fundamentally flawed.

That is another issue, no problem would be stretching it. The US does little in the way of internal checks, so the focus is more at the Border.

[Noah Lot 391]

This forum is aimed at trying to help people decipher the long, and often confusing, process of applying for any type of US visa, it is NOT the place for an, obviously patriotic, American to pass judgement on others. This has clearly got a little out of hand, and I find it difficult to accept, Noah Lot, that you have the audacity to tell someone else to check their attitude, and then openly mock an entire country "throw another shrimp on the barbie?" is that what you would consider helpful or informative because I certainly do not!!!

Some interesting points have been raised, but, for the most part, Noah Lot you actually seem to know very little-almost everything you have said I could easily have found on the embassy, or other websites. For you information, a UK citizen is actually elgible for acceptance into the USA, via the visa waiver programme, so the ability to be a tourist in America is, in fact, NOT a privilege but a right. We, as individuals with a criminal record, have given up that right, hence the need to be interviewed by a CO at the embassy. The whole point of the visa interview is to take a considered and informed kook at each individual applicants case and assess whether or not they should be elgible for a visa, of any nature. Why bother giving the option of 'overlooking' previous misdemeanours by conducting interviews and giving visas to some individuals, surely any body with a previous criminal background has the potential to reoffend in the US. The other thing that certainly needs mentioning is that there are lots and lots of people, with severe criminal records involving drugs, violence and sexual offences that go to the US, dispense with the visa process (which, I think, speaks volumes about their morals and integrity) and enter the USA with no problem at all. Some, no doubt, return and some ,I'm sure overstay and go on to commit crimes and cause problems within the country. The system appears to be fundamentally flawed. The reason I, personally, started this post on this forum was because I am ashamed, embarrassed and disappointed that I allowed myself to commit this crime. I feel terrible that my lack of judgement, naiviety and stupidity could cost my children the chance to go to America on holiday, so I am looking for help in going through the proper channels to allow me to take my boys away. With respect, if I needed sweeping statements and judgement there are plenty of places I could go, I was hoping the members on here would offer some concrete evidence, advice and/or personal experience to get me through this process. I am still hopeful that will happen.

Having worked for an immigration attorney for more than two years, I acquired considerable knowledge about our immigration laws....far more than any citizen of another country.

As a patriotic American, I find it offensive when foreign convicted criminals belittle OUR visa laws and somehow try to foster blame for their inability to obtain a visa on our regulations....sorry, but I did not commit any crime in YOUR country.

Unfair? Why? Just because you say so? Or Matt? Our VOs and border officials have tremendous responsibility and authority...and I am behind them 100%. YOu are unhappy because a visa wasn't handed over to you instantly or that a VO didn't want to give you the benefit of doubt....I don't blame them a bit. I explained to you in broad terms what other pitfalls may lie ahead (probably for your husband) without pointing a finger at you personally...but then along came Matt from Australia, who, according to his own diatribes, is aggrieved because another VO would not allow him to single handedly rescue the US economy....too bad.

Both of you have seemed to have forgotten one simple fact: it was your actions that got you into this situation, not the actions of any visa officer nor border official nor U.S. law. There is no easy fix, it is not likely that anyone is going to give you or your husband the benefit of a doubt anytime soon....now, maybe another uninformed poster may chime in and say something silly like..."well, just get a notarized letter saying you're sorry and two letters from two friends and everything will be just peachy..."...sure....or.."just bring a giant pile of documents and apologize profusely to the VO and all will be well...."...doubtful.

All I did was give you some basic solid information (Matt got more of my opinions) along with a realistical appraisel of your current situation, for which there is no instant fix.

Now, you may not agree with me, you may still think that our visa system has somehow done you a disservice, that our VOs have not listened to you (which really means they did not give you a visa) or that our laws should have some special paragraph that allows convicted criminals to be given a free pass whenever they feel they deserve one....but...none of that will happen, no matter what you believe.

We have a saying in the US of A..."don't do the crime if you can't do the time."

[Deputy Purple 1,294]

For you information, a UK citizen is actually eligible for acceptance into the USA, via the visa waiver programme, so the ability to be a tourist in America is, in fact, NOT a privilege but a right.

As another said, NO. VWP isn't a right, it's a blanket privilege allowed to the citizens of favored countries if and only if they meet certain minimum requirements.

FWIW, neither VWP or actually having a US Visa in hand a POE bestows the right to enter the US. It is simply allowing you to request the privilege of entry which can be denied.

We, as individuals with a criminal record, have given up that right, hence the need to be interviewed by a CO at the embassy. The whole point of the visa interview is to take a considered and informed look at each individual applicants case and assess whether or not they should be elgible for a visa, of any nature. Why bother giving the option of 'overlooking' previous misdemeanors by conducting interviews and giving visas to some individuals, surely any body with a previous criminal background has the potential to reoffend in the US.

First no prior criminal history is "overlooked", it is simply given that weight justified by the severity of the crime recorded in the conviction, the recentness of the crime and other factors. I'm sure the fact you were looking to travel to the US with your convicted cohort in said crime wasn't a positive factor for you.

The other thing that certainly needs mentioning is that there are lots and lots of people, with severe criminal records involving drugs, violence and sexual offences that go to the US, dispense with the visa process (which, I think, speaks volumes about their morals and integrity) and enter the USA with no problem at all.

So now you want us to agree that because you didn't chose to be smuggled into the country our immigration process should give you points? I'd say doing the lawful thing is the default position for which you get the chance to plead your case and that's it. You can't honestly minimize your issues by pointing to your neighbor and saying "But he's so much worse than I am"...

Some, no doubt, return and some ,I'm sure overstay and go on to commit crimes and cause problems within the country. The system appears to be fundamentally flawed. The reason I, personally, started this post on this forum was because I am ashamed, embarrassed and disappointed that I allowed myself to commit this crime. I feel terrible that my lack of judgement, naiviety and stupidity could cost my children the chance to go to America on holiday, so I am looking for help in going through the proper channels to allow me to take my boys away. With respect, if I needed sweeping statements and judgement there are plenty of places I could go, I was hoping the members on here would offer some concrete evidence, advice and/or personal experience to get me through this process. I am still hopeful that will happen.

You have actually received a lot of useful input, it just isn't what you'd like to hear. Nobody here has said "go away you stupid criminal we don't want you in our jails". You and your husband at best made some stupid decisions and at worst got caught doing something your were happy to engage in despite the legality. Nobody here knows which end of the scale fits you. As a result Immigration to any country, potential employers and anyone else who may have occasion to check into your background will most likely make you have to convince them that you are not the type of person who would do it again. Only you can bear the blame for that.

[Noah Lot 391]

This forum is aimed at trying to help people decipher the long, and often confusing, process of applying for any type of US visa, it is NOT the place for an, obviously patriotic, American to pass judgement on others. This has clearly got a little out of hand, and I find it difficult to accept, Noah Lot, that you have the audacity to tell someone else to check their attitude, and then openly mock an entire country "throw another shrimp on the barbie?" is that what you would consider helpful or informative because I certainly do not!!!

Some interesting points have been raised, but, for the most part, Noah Lot you actually seem to know very little-almost everything you have said I could easily have found on the embassy, or other websites. For you information, a UK citizen is actually elgible for acceptance into the USA, via the visa waiver programme, so the ability to be a tourist in America is, in fact, NOT a privilege but a right. We, as individuals with a criminal record, have given up that right, hence the need to be interviewed by a CO at the embassy. The whole point of the visa interview is to take a considered and informed kook at each individual applicants case and assess whether or not they should be elgible for a visa, of any nature. Why bother giving the option of 'overlooking' previous misdemeanours by conducting interviews and giving visas to some individuals, surely any body with a previous criminal background has the potential to reoffend in the US. The other thing that certainly needs mentioning is that there are lots and lots of people, with severe criminal records involving drugs, violence and sexual offences that go to the US, dispense with the visa process (which, I think, speaks volumes about their morals and integrity) and enter the USA with no problem at all. Some, no doubt, return and some ,I'm sure overstay and go on to commit crimes and cause problems within the country. The system appears to be fundamentally flawed. The reason I, personally, started this post on this forum was because I am ashamed, embarrassed and disappointed that I allowed myself to commit this crime. I feel terrible that my lack of judgement, naiviety and stupidity could cost my children the chance to go to America on holiday, so I am looking for help in going through the proper channels to allow me to take my boys away. With respect, if I needed sweeping statements and judgement there are plenty of places I could go, I was hoping the members on here would offer some concrete evidence, advice and/or personal experience to get me through this process. I am still hopeful that will happen.

the VWP does not bestow any right upon a citizen from a VWP country to enter the United States....it's merely a substitute for a visa, which is nothing more than permission to ASK to be admitted to the US.....only US Citizens and LPRs have the right to enter the US (we are not 'admitted')....better read up again on those inalienable rights....

[Dottielady 0]

Despite the fact that I thought my last post was quite clear, it appears that people are a little bit confused about what I am saying. Firstly to address the fact the VWP isn't a right. admittedly I'm no expert, but, having travelled to the US extensively before, I can honestly say that I have never had any difficulty obtaining entry, as a UK citizen, via the VWP, before my criminal record, so, yes it is a blanket right that citizens of various countries have, providing they meet the criteria, which of course, we no longer do. As I have made crystal clear, MYSELF and MY HUSBAND have committed a crime! We deeply regret it, we are ashamed and embarrassed about it, we blame no one but ourselves and I personally am cross that I have put myself in the position where I need to go through the visa process to visit my favourite holiday destination and share it with my family. I do, however, accept the fact the I need to do this, and agree that the fact myself and my husband are applying together does not look good for us, although I doubt there's anyway round that, as we both need to be accepted or neither of us goes. I have not said, at any point, that I wish to minimise my issues by pointing to those with a seemingly worse criminal history, but facts are facts-I KNOW that people get into the US with absolutely no issues who have committed very serious crimes, ones, I'm sure, no CO would EVER overlook. Having researched I'm led to believe that our convictions do offer the opportunity to potentially get a visa at some time in the future-if someone has some solid proof that that is not the case I would be grateful if they would let me know, as it would clearly be a waste of time reapplying at any point. I also agree that we, and anyone with a criminal record should go through the official channels, it is the lawful thing to do, and it never crossed my mind that we would try and gain entry via any other route. Much of the information we have been given we could have looked at on other visa websites and the embassy website, I did concede that some of the information has widened my knowledge, ie that the CO would consider the maximum sentence of the crime committed which is useful for my consideration. I have not said that the system is unfair, I have not said that I disagree, or that what has been said is not what I want to hear. I completely accept that we are to blame, that we need to go through this process and that the COs (and border control) have a massive responsibility in ANY country, not just the good ol' US of A. My issue, from the beginning has been that I was verbally given one reason and another on the document I was given when I left. I'm trying to ascertain which is the actual reason, and then trying to find out what I can do to try and prove to the embassy officials that we are genuine holidaymakers with no ulterior motives or intentions, I also accept that it is our responsibility to prove that to them. I'm not sure why there needs to be such a lot of judgement and constant reference to us having made the mistake, that is not in question, nor should it be, the fact is that I want some help and advice and am using a resource available to me. If you feel like you're not able to say definitively leave it a year, five years, ten years etc. before reapplying then don't! Don't come on and say I'm not sure how long you should leave it, but don't forget it is your fault. I appreciate the fact that I have been told no letters will help-I will certainly take that into csideration as and when we reapply.

[Boiler 46,086]

I said a year.

I stand by that.

Does not mean you will be successful. I would focus on rehabilitation.

[Noah Lot 391]

Despite the fact that I thought my last post was quite clear, it appears that people are a little bit confused about what I am saying. Firstly to address the fact the VWP isn't a right. admittedly I'm no expert, but, having travelled to the US extensively before, I can honestly say that I have never had any difficulty obtaining entry, as a UK citizen, via the VWP, before my criminal record, so, yes it is a blanket right that citizens of various countries have, providing they meet the criteria, which of course, we no longer do. As I have made crystal clear, MYSELF and MY HUSBAND have committed a crime! We deeply regret it, we are ashamed and embarrassed about it, we blame no one but ourselves and I personally am cross that I have put myself in the position where I need to go through the visa process to visit my favourite holiday destination and share it with my family. I do, however, accept the fact the I need to do this, and agree that the fact myself and my husband are applying together does not look good for us, although I doubt there's anyway round that, as we both need to be accepted or neither of us goes. I have not said, at any point, that I wish to minimise my issues by pointing to those with a seemingly worse criminal history, but facts are facts-I KNOW that people get into the US with absolutely no issues who have committed very serious crimes, ones, I'm sure, no CO would EVER overlook. Having researched I'm led to believe that our convictions do offer the opportunity to potentially get a visa at some time in the future-if someone has some solid proof that that is not the case I would be grateful if they would let me know, as it would clearly be a waste of time reapplying at any point. I also agree that we, and anyone with a criminal record should go through the official channels, it is the lawful thing to do, and it never crossed my mind that we would try and gain entry via any other route. Much of the information we have been given we could have looked at on other visa websites and the embassy website, I did concede that some of the information has widened my knowledge, ie that the CO would consider the maximum sentence of the crime committed which is useful for my consideration. I have not said that the system is unfair, I have not said that I disagree, or that what has been said is not what I want to hear. I completely accept that we are to blame, that we need to go through this process and that the COs (and border control) have a massive responsibility in ANY country, not just the good ol' US of A. My issue, from the beginning has been that I was verbally given one reason and another on the document I was given when I left. I'm trying to ascertain which is the actual reason, and then trying to find out what I can do to try and prove to the embassy officials that we are genuine holidaymakers with no ulterior motives or intentions, I also accept that it is our responsibility to prove that to them. I'm not sure why there needs to be such a lot of judgement and constant reference to us having made the mistake, that is not in question, nor should it be, the fact is that I want some help and advice and am using a resource available to me. If you feel like you're not able to say definitively leave it a year, five years, ten years etc. before reapplying then don't! Don't come on and say I'm not sure how long you should leave it, but don't forget it is your fault. I appreciate the fact that I have been told no letters will help-I will certainly take that into csideration as and when we reapply.

Most of my comments about somebody wanting the rules to be changed for his behalf were directed at Matt (from 'down under'...most of my comments to you were largely informative (regarding the possible sentence your husband could have received versus what he did receive) as well as general commentary on why our VOs may make certain decisions, and why or what our laws are regarding visa issuance. Moreover, the VWP is not and has never been a 'right'....it always has been and will continue to be a privilege...all it does is let some folks board an aircraft bound for the US with their passport and then ask permission to be admitted to the US...that privilege, as you have discovered, can be revoked....quickly, without recourse.

I have not posted a comment that has, in effect, rubbed your nose in whatever happened in your personal life recently. I did reiterate that it does little good for a person who may be ineligible for some reason or who has lost their credibility for some reason to then complain about how unfair it is (to them) that no one at the embassy will draw them a roadmap on how and when to qualify for a visa in the future...that is not the responsibility of our embassy officials (and never has been). Ole Matt just wants a free pass because he's Matt....

I can understand to a degree that you are not happy with the entire set of circumstances...and I merely pointed out that letters from friends or relatives telling the VO that you are sorry, that you are really a good person, etc, just won't carry any weight...for all of the reasons I mentioned earlier.

I would, if I were you (and I'm not), research your husband's conviction, find out what the maximum sentence could have been and then compare that with the standards that make up a finding for ineligibility for a CIMT...that will (hopefully) get you a better idea of the road ahead. For example, if it turns out that your husband is indeed ineligible for having committed a CIMT, he will have to overcome two hurdles: (1) overcoming immigrant intent [214b] and then (2), if successful, would need to ask for a nonimmigrant waiver (212 d 3 a), something that a VO can or cannot recommend, and whose positive outcome is far from certain. But, a waiver cannot be sought until such time as the applicant (husband, we'll assume for the moment - I realize no one knows for certain about his eligibility) otherwise qualifies for the visa he or she is seeking.....in other words, one cannot ask for a waiver until you (or he) overcomes 214b....(there is no waiver for 214b, it can, however, be 'overcome').

No knows with any certainty how much time must pass before any VO would believe that your credibility has been re-established (assuming that there is no CIMT for your husband)...think back to when you told your parents you were going to the 'library' on a Friday night, but instead went to a party...and got caught...how long did it take before they believed you the next time? It certainly was not the next day...

The same thing applies here...you discovered how quickly you can lose your credibility...and now are realizing how long it may take to regain it.

Most of my barbed remarks were aimed at Matt, not you. I appreciate your openness in publishing what no doubt was a bad time of your life...not many people would do that.

But there is no accurate answer as to when you (and husband) may be given a second chance...just don't believe that a couple of letters will do the trick. And please...investigate your husband's situation more closely so it won't be a surprise the next time....good luck.

Edited February 13, 2012 by Noah Lot

[Dottielady 0]

Thank you. I appreciate your help, as I do anyone else who has posted useful comments and information. After your first post, suggesting I research my husbands sentencing more carefully, I did just that, and, it would appear that the maximum sentence would be seven years imprisonment. Do you know what that would mean for us? Is it seemingly hopeless, given the length of time his crimes sentence could carry?? I have been advised about the possibility of applying for a waiver or permanent ineligibility, an I601 form, I understand, again, e is absolutely no guarantees, and that it is expensive, I believe $585 at the current time. Am I right in saying that I couldnt apply for this if the denial under section 214b is applicable? Would we first need to be accepted for a visa and then apply, at cost, for the ineligibility waiver, or could we jump right in with I601 form now in theory? also if we decided not to go down the route of the I601 and, instead, reapplied for a visa, would we need the ineligibilty waiver at all? I'm sorry to come back to you again, but as you have been working in an immigration lawyers office I am hopefully you may have some knowledge of this. Thanks

[Boiler 46,086]

I though you were looking at visiting not emigrating?

[Dottielady 0]

Yes we do just want to visit. Is the I601 just for immigrant visas?