B2 Visa, ESTA Denied. Help please! :(

[clm04288 0]

Hi, I hope somebody can help!

Basically, I am hoping to visit the US asap. I applied for the VWP and when I filled in my ESTA I clicked "yes" to the crime question because I was arrested as a minor for shoplifting. I was immediately denied and contacted customs and border protection to ask about what to do next. I gave them all the info with dates of the arrest etc and they advised me to get an ACRO certificate, so I paid the £80 fee and got my certificate.

This showed "no live trace" as the arrest was 10 years ago and I was only 14. Presumably they knew this would be the case. I was also never actually charged - just given a reprimand. I scanned this and sent it off to them as requested and they have come back and said it isn't enough for them so I will have to apply for a non immigrant visa through the US Embassy in London.

I've set the wheels in motion to do this, and I want to know what I can expect next really regarding timeframes etc.

I don't know why ACPO don't include details on these certificates. They're in charge of SARs now and when I called they were able to pull up the info instantly. It would be so easy for them to just add the information on. I don't know why CBP asked for the certificate, knowing my situation - if i'd known they wouldn't accept it, I would never have paid the ridiculously high premium fee to get it returned to me so fast. I know I'll need it for the embassy in London but the standard service would have sufficed.

Anyway, if anybody can give me a guide as to what will happen now, I'd be really grateful! Also, does anybody know whether this will affect me in the long-run if I want to live in the US permanently? The purpose of the trip is to visit my boyfriend and we have discussed that as a real possibility. I don't know whether I'm going to have to go for one of these waiver of ineligibility thingies that takes months or if it'll be a relatively quick process, or if there are any documents I can get hold of that will support my case.

Many thanks in advance for any advice you might be able to offer!

[clm04288 0]

Oh, and I'm in the UK on a British passport! No other dealings with the police since, absolutely nothing at all.

[Hypnos 6,576]

You may qualify for the "youthful offender" exception to CIMTs. Provided you have only ever committed one CIMT and this happened when you were under 18 then you should qualify for it provided at least five years have passed from either either the date of conviction (likely the date on which you were cautioned / reprimanded in this case) or the date of release (if you were imprisoned).

Edited January 9, 2014 by Hypnos

[clm04288 0]

I was under 18, yes - 14. It was 10 years ago and never went to court or anything like that. I was taken to the police station, my mum had to come and pick me up and that was the end of it - or so I thought! I stole a lip gloss worth about £1.99 because one of the girls who bullied me told me she'd leave me alone if I did. So silly, I had no idea it'd affect me like this! I feel so stupid.

[Hypnos 6,576]

It's likely a non-issue.

You may want to post over at http://www.avvo.com and get answers from Real Lawyers™ but this is probably not going to be a problem for you.

[David & Diana R 1,005]

Hi, I hope somebody can help!

Basically, I am hoping to visit the US asap. I applied for the VWP and when I filled in my ESTA I clicked "yes" to the crime question because I was arrested as a minor for shoplifting. I was immediately denied and contacted customs and border protection to ask about what to do next. I gave them all the info with dates of the arrest etc and they advised me to get an ACRO certificate, so I paid the £80 fee and got my certificate.

This showed "no live trace" as the arrest was 10 years ago and I was only 14. Presumably they knew this would be the case. I was also never actually charged - just given a reprimand. I scanned this and sent it off to them as requested and they have come back and said it isn't enough for them so I will have to apply for a non immigrant visa through the US Embassy in London.

I've set the wheels in motion to do this, and I want to know what I can expect next really regarding timeframes etc.

I don't know why ACPO don't include details on these certificates. They're in charge of SARs now and when I called they were able to pull up the info instantly. It would be so easy for them to just add the information on. I don't know why CBP asked for the certificate, knowing my situation - if i'd known they wouldn't accept it, I would never have paid the ridiculously high premium fee to get it returned to me so fast. I know I'll need it for the embassy in London but the standard service would have sufficed.

Anyway, if anybody can give me a guide as to what will happen now, I'd be really grateful! Also, does anybody know whether this will affect me in the long-run if I want to live in the US permanently? The purpose of the trip is to visit my boyfriend and we have discussed that as a real possibility. I don't know whether I'm going to have to go for one of these waiver of ineligibility thingies that takes months or if it'll be a relatively quick process, or if there are any documents I can get hold of that will support my case.

Many thanks in advance for any advice you might be able to offer!

Good luck

[Nich-Nick 3,354]

To get the B2 visa, you need to take plenty of ties to the UK as well as your SAR detailing the offense. Even reprimands or cautions count to US immigration. They will want to see you have things like a job, own a home or have lease, are enrolled in school...responsibilities you would need to return home for. It's not easy to get a visitor visa in the UK because being British, it means you have lost the ability to travel on visa waiver. Present a very strong case (documented on paper) that you have no reason to remain in the US, but will return to the UK after your holiday.

No live trace means there is a record on you. It would otherwise say No trace. Don't know if that was explained to you.

[clm04288 0]

Thanks for the replies, much appreciated! I am currently a mature degree student, in my first year, so that's a tie in itself. I have a lease too, and my family are here. I did call ACPO and discuss the No Trace/No Live Trace stuff with them, Nich-Nick. I just think it would make it so much easier if they would detail the "trace" on the certificate - after all, they have it right in front of them when you call. Not that I can do anything about that of course. It's all very frustrating. I know I shouldn't have done what I did, but it's hardly the crime of the century.

[Nich-Nick 3,354]

Take a letter from the school confirming registration, degree plan...whatever. School calendar outlining when you have to be back to class. Copy of the lease. Bank statement showing you have enough money to finance a holiday. Credit card statement or such to show you have the ability to charge expenses. As much as you can get documented on paper. Think outside the box and take a LOT of stuff. Don't act too interested in marriage to a UScitizen. You have a friend who has invited you to see California or wherever on Spring Break. Make a list of places you will be going. Disneyland? Be a tourist, not a fiancé. I don't mean lie to them, but don't go in and unprompted say I have an American BF/GF I want to marry. Focus on the holiday aspect and not a future possibility.

[clm04288 0]

Great. that's a very good point, actually. Makes sense if they want to know I have ties here not to go in unprompted and tell them all about that. I won't lie if they ask. It's not something we want to do yet anyway. i want to finish my degree first and I've only just finished my first semester so there's a while to go! Do you have any idea on timescales once I've had my interview? Just a rough one, I know you won't be able to tell me to the day of course Thanks for your help, I'm really grateful!

[Nich-Nick 3,354]

They generally tell you if you're approved or denied on the spot. I have read a lot of denials. I haven't actually known any approvals, but they probably don't come on here much to report good news. Then the courier will deliver your visa and passport in a week to 10 days. I am guessing based on how it goes for immigrant visas. I assume the.courier aspect is the same.

[nobbie 105]

I doubt they will care about something that happened when you were 14. There was a bloke on here "chrisclassic" who was worried to death about something similar, he got his K1 no problem, they just said we don't care about that.

[clm04288 0]

oh that makes me feel a bit better!

As far as ties go, will it help if I get a letter from my epilepsy specialist nurse to say that I'm under an ongoing care plan with her or will I then have to provide a load of medical information and delay everything?

So far I have my lease - I tend to pay my rent 3 months in advance so will take evidence of this, and I've lived here for just under 4 years so I'm settled - university schedules to show that my course ends in 2016, student finance documentation and evidence that I'm there under an academic scholarship, proof that I undertook a one-year Access to Higher Education course to get to university which I hope will prove my dedication to the course also, evidence of family here, bank statements to show that I can finance myself for the trip.

Are there any other handy tips re showing ties to the UK? I'm worried they won't think it's enough. I'm not a homeowner or anything.

[Sharkano 13]

B2 visas are tough to get from the UK. I don't think the "crime" issue will be your problem, but just the general presumption of illegal immigration. They refused to even look at my fiancee's paperwork and just denied on the spot (no criminal record, tons of ties to UK to go back, but could not use ESTA as had denial of a B2 10 years earlier).Try for it, but don't make plans based on getting it. Good luck.

[chrisclassic 14]

I doubt they will care about something that happened when you were 14. There was a bloke on here "chrisclassic" who was worried to death about something similar, he got his K1 no problem, they just said we don't care about that.

and here I am yes there is a chance im perect proof of this I was so worried about something just as minor the guy asked me about it I told him and his words were ohhh very minor thats nothing to worry about approved me now living in CA with my wife and aos is being done soooo keep faith but be prepared