B2 tourist visa re-applying with criminal record

[Dottielady 0]

Hi. I have posted on this forum before, but not for some time, and, as always am hoping someone can offer me some realistic advice on what my chances of approval are.

My husband and I both have criminal records relating to the same incident. His is for theft from employer, and mine for handling stolen goods (although it's now called something else). The crimes were committed in 2007, we were arrested in January 2008 and we were sentenced in March 2009. I was convicted after a trial, having pleaded not guilty. My husband pleaded guilty but had to wait until my trial was over to be sentenced. I was sentenced to 100 hours community service and a four month suspended sentence suspended for two years. My husband was given an eight month prison sentence, of which he served 10 weeks in a category D prison.

We applied for a B2 visa in October 2011 and we were both denied. Verbally the CO told us it was because our crimes were too recent, officially (on the paperwork she gave us) we were denied under section 214(b). I've no doubt the ties to our home country are secondary to our criminal history and the criminal record is the real reason for our denial. I was hopeful we could reapply after some time had passed and have a realistic chance of being accepted, but having done some more research I am now not so sure. I'm really hoping someone can give me some useful information/advice, and I have a couple of questions. Firstly I am certain that both our crimes are CIMT's, if this is the case are we permanently ineligibile for a visa? Will we have to go down the route of a waiver of ineligibility? When we left our interview in October no mention was made about a waiver, and when we asked the CO if we could reapply and how long we should leave it she simply said "I wouldn't recommend you come back tomorrow!". This would lead me to believe that we can reapply, but I've no clue whether a CO would actually advise us if we weren't ever going to be eligible for a visa or if they would just let us continue to reapply, getting denied every time. Obviously if our only hope is to get a waiver I would rather save money, time and stress and simply go down that route now. Secondly, if we are able to reapply for the visa is the fact that my husband has been to prison almost a guaranteed denial, and is there anyway round that? In addition to that the maximum sentence his crime carried is up to seven years, and obviously, his sentence was over six months, although he only served 10 weeks, again does this make our chances of success very slim, almost non-existent?

My husband is not too worried about visiting the US, but it is my favourite holiday destination and I am really keen to go back. Although I would have been prepared to pay and go through the whole process again a few months after our denial I agreed that it would be sensible to wait longer before reapplying, which is what we've done. Our situation in terms of us visiting America is to take a trip to Florida. We have three young boys, only one of whom has ever been before, and I so badly want to take my other two children. My husband and I have both visited The US before. My Husband has been on approximately five trips, and I have been to the US on holiday some six times and we have both travelled through the US to the Caribbean on three/four occasions. We also got married in Orlando in 2002. We have never had any issues in the US of any nature, at any time, and our criminal convictions are our only convictions. In addition to this we are in a position where my mum and stepdad are wanting to organise a big family trip in 2014, with myself, my husband and our children, my mum and stepdad, my two brothers and their girlfriends, and my two stepsisters, and their boyfriends, and my step brother and his girlfriend, and so are keen for us to "give it another go" to see if they can go ahead and book some flights and accommodation.

What I really need to know is if it is worth us reapplying, and also if there is anything we can do to increase our chances? When we initially applied we were very uninformed and simply went with the basic items that the embassy needed. This time I am thinking that I will take proof of my husbands income (he is self-employed, but works as a sub contractor, and has worked for the same firm for the last four years, and has always been in work during that time), proof of my work (since my last interview I have set up my own business as a nail technician), proof of my children's education (my oldest two are at primary school), a legal document which details our share of the house we part own with my parents, and live in, a letter from my mum giving full details of our proposed travel plans, letters/character references from friends, specifically those that have known us for a long time and can confirm our "strong roots" in the area. I was also thinking of providing copies of our marriage certificate and proof of previous trips to the US we have taken. I suppose I am thinking of compiling an "entry pack" for want of a better phrase to strengthen our case for being granted a visa.

I appreciate the fact I have "waffled" but this I really important to me, and I need to know I've exhausted all avenues before I give up hope of being able to take me children to Florida while they're still young enough to enjoy it the way it should be enjoyed. Any help very gratefully recieved.

[canadian_wife 1,829]

Well, you have a criminal record and your husband served a prison sentence.

I'm not judging, I am simply saying that it is not to your advantage

Waivers for tourist visas are exceptionally difficult to get and you won't get one simply because the US is your favourite holiday spot.

You can always apply, what country are you from? But don't be surprised if there is another denial

good luck

[Dottielady 0]

Well, you have a criminal record and your husband served a prison sentence.

I'm not judging, I am simply saying that it is not to your advantage

Waivers for tourist visas are exceptionally difficult to get and you won't get one simply because the US is your favourite holiday spot.

You can always apply, what country are you from? But don't be surprised if there is another denial

good luck

We're UK citizens. I understand there are factors which do not look good for us. My question about the waiver is whether, in fact, we can just apply? From what I'm reading you really need a recommendation from a CO to apply for a waiver on a B2 visa. Otherwise as you rightly say we have the option to reapply for the visa, at the embassy, but if I am going to do that I want to give us the best possible chance of getting accepted, hence the excessive reading and posts. Thanks for your reply.

[Noah Lot 391]

Well, you have a criminal record and your husband served a prison sentence.

I'm not judging, I am simply saying that it is not to your advantage

Waivers for tourist visas are exceptionally difficult to get and you won't get one simply because the US is your favourite holiday spot.

You can always apply, what country are you from? But don't be surprised if there is another denial

good luck

one can always apply, but it sounds like you both are ineligible for having committed a CIMT, and a VO will have to believe that you won't attempt something similar while in the US...and it is doubtful that a VO would put his/her name on any recommendation for a waiver...because should either of you obtain a visa and then prepetrate another CIMT while in the US, well, that VO's career would be in the toilet...so you can imagine how unlikely a waiver would be considered...

the first requirement for obtaining a tourist visa is to convince the VO that not only will you return to your country of residence, but that while in the US you would not violate the terms of the visa privilege....considering your background, why would a VO believe that?