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froggy1996

B1/B2 visa expiration next steps

By froggy1996 in Tourist Visas

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froggy1996 Rookie

froggy1996   0

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A couple of years ago i had to apply for a b1/b2 visa as i was arrested once. In the end the police dropped everything and my record is still clear. I had to obtain a police certificate for the application and the report came back with no mention of the arrest. I went for the interview, got my visa, and it will expire in July this year. I booked some plane tickets last night for august so my visa will have expired.

My question is, as my police certificate came back clean could i potentially go for a visa waiver? I'm still wary that if i do this and i do get a waiver that the boarder guards might question why i had a visa before. I am also assuming that potentially as i went for a visa i am not eligible for the waiver program.

If the above isnt possible then i would need to go through the application process again sad.png

Edit - sorry, forgot to mention im in the UK.

Edited by froggy1996
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MacUK Proficient

MacUK   983

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Filed: Other Country: United Kingdom
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Depends on what the arrest was for.

The ESTA(VWP) application asks if you've ever been arrested OR convicted, but it's for crimes involving moral turpitude.

I think it's a bit hazy what moral turpitude involves.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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froggy1996 Rookie

froggy1996   0

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I was arrested for suspicion of possession of an illicit substance but after lab tests it came back negative so everything was dropped.

If the arrest doesnt show on my police certificate is their still a chance they could find out about it if i apply for a visa waiver? As i have had a visa before and admitted the arrest and the reason should i just go for the visa again?

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jan22 Experienced

jan22   3,056

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If the arrest doesnt show on my police certificate is their still a chance they could find out about it if i apply for a visa waiver?

There is every chance they will find out for two reasons -- 1) they already know, since it's in your prior record, and 2) you will have to tell them, since the question is if you have EVER been arrested or convicted. Even though the charges were dropped, you still were, in fact, arrested (if I am understanding your post correctly), regardless of whether it comes up on a police report or not. To answer the question in the negative would be a misrepresentation and would be useless, since the information is already in your visa record that is available to USCIS when you apply for ESTA. Easiest thing is to apply for ESTA after your visa expires and, if it's not granted, to then apply for a visa.

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Boiler Grand Master

Boiler   45,551

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Filed: K-1 Visa Country: Wales
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You could apply for ESTA now, that way you have a bit of time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Darnell Grand Master

Darnell   8,478

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Filed: IR-1/CR-1 Visa Country: China
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You could also apply for a new B1/B2 - things have changed a bit since you did it last time, all this cool, nifty online stuff.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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