British Citizen with arrests but no convictions, can’t use the VWP (ESTA) but also unable to obtain a B2 visa

[UKWrestlingFan 0]

Hi all,

 

I am a 22 year old British guy. I was born here in the UK, have lived here all my life, have two jobs, big family, big social network etc. I don’t think the social ties part is what’s causing me issues though.

 

I’m a massive wrestling fan - whenever WWE or AEW comes to the UK, I’m there. I’ve also travelled to Toronto, Canada recently for a WWE event. With that in mind, it’s my dream to go to the U.S. for WrestleMania. I had plans to attend this year’s event in Las Vegas with friends, who have still gone, but due to visa issues I had to stay home.

 

I applied twice last year at the U.S. Embassy in London, once in July and once in October. I originally applied for ESTA and had it authorised however I later realised I’d misread the arrest question as “arrested and convicted”, to which I was truthfully answering No, rather than “arrested or convicted”.
 

Upon realisation I contacted U.S. CBP and advised them I’d answered this question wrong and asked them to revoke my ESTA which they did and I applied for the visa at the Embassy.

 

For context, I was arrested when I was 14 on suspicion of arson (I didn’t have any involvement, it was a friend at the time who was a complete idiot and set a small fire. We were kids. The police quickly determined it wasn’t me and I received NFA.)

 

I was arrested four years ago after a woman falsely accused me of rape. Again, very quickly the police sussed her out and it was clear I had not committed such a disgusting act and so the investigation was closed with no charge, NFA.

 

In my first interview it didn’t seem to go too badly to begin with, I had a gentleman interview me who seemed understanding of my arrests not resulting in any further action. I didn’t have a Subject Access Request though, only an ACRO Police Report which stated No Trace, so he had to 221g me and I needed to send in the SAR which I did. A couple of weeks later I was refused under 214b and was told that the consular officer and the reviewing supervisory officer found that my “lack of disclosure regarding my complete criminal history along with the other evidence presented” was not sufficient to satisfy the legal requirements for visa issuance.

 

I was completely baffled as I clearly had declared my arrests else I wouldn’t have been there in the first place, which is why I reapplied a few months later. That interview on the other hand was a disaster from the start, I had a woman interview me this time who was extremely abrupt and didn’t want to hear my explanations for anything or see any documentation (references, itinerary etc) that I had brought along. She also didn’t 214b me on the spot though, gave me a 221g slip again with no further information required, then a few days later my status changed to Refused. They didn’t send me a fresh refusal letter though so I had to ask a Senator’s office to enquire for me as I was getting no real answer for months, they then were told by the Embassy that upon review of my applications following my visa interviews, the adjudicating consular officers were not satisfied that I “had made a credible showing of my intention to abide by the conditions of the visa, maintain lawful status, and adhere to U.S. federal law” and as such the consular officers were required by law to refuse my applications under Section 214(b) of the INA.

 

I just don’t know where to go from here. I’m not inadmissible, clearly, but I also can’t get an ESTA - all of this despite having no criminal record. I have a great life here in my home country, I don’t ever intend to do anything more than visit the U.S. and see the spectacle of pro wrestling that is WrestleMania.

 

I know on paper it sounds like I’ve had a couple of run ins with the police but neither time was my fault and neither time occurred in any criminal outcome. I even work with the police from time to time in my job. What can I do?

[appleblossom 3,765]

14 minutes ago, UKWrestlingFan said:

Hi all,

 

I am a 22 year old British guy. I was born here in the UK, have lived here all my life, have two jobs, big family, big social network etc. I don’t think the social ties part is what’s causing me issues though.

 

I’m a massive wrestling fan - whenever WWE or AEW comes to the UK, I’m there. I’ve also travelled to Toronto, Canada recently for a WWE event. With that in mind, it’s my dream to go to the U.S. for WrestleMania. I had plans to attend this year’s event in Las Vegas with friends, who have still gone, but due to visa issues I had to stay home.

 

I applied twice last year at the U.S. Embassy in London, once in July and once in October. I originally applied for ESTA and had it authorised however I later realised I’d misread the arrest question as “arrested and convicted”, to which I was truthfully answering No, rather than “arrested or convicted”.
 

Upon realisation I contacted U.S. CBP and advised them I’d answered this question wrong and asked them to revoke my ESTA which they did and I applied for the visa at the Embassy.

 

For context, I was arrested when I was 14 on suspicion of arson (I didn’t have any involvement, it was a friend at the time who was a complete idiot and set a small fire. We were kids. The police quickly determined it wasn’t me and I received NFA.)

 

I was arrested four years ago after a woman falsely accused me of rape. Again, very quickly the police sussed her out and it was clear I had not committed such a disgusting act and so the investigation was closed with no charge, NFA.

 

In my first interview it didn’t seem to go too badly to begin with, I had a gentleman interview me who seemed understanding of my arrests not resulting in any further action. I didn’t have a Subject Access Request though, only an ACRO Police Report which stated No Trace, so he had to 221g me and I needed to send in the SAR which I did. A couple of weeks later I was refused under 214b and was told that the consular officer and the reviewing supervisory officer found that my “lack of disclosure regarding my complete criminal history along with the other evidence presented” was not sufficient to satisfy the legal requirements for visa issuance.

 

I was completely baffled as I clearly had declared my arrests else I wouldn’t have been there in the first place, which is why I reapplied a few months later. That interview on the other hand was a disaster from the start, I had a woman interview me this time who was extremely abrupt and didn’t want to hear my explanations for anything or see any documentation (references, itinerary etc) that I had brought along. She also didn’t 214b me on the spot though, gave me a 221g slip again with no further information required, then a few days later my status changed to Refused. They didn’t send me a fresh refusal letter though so I had to ask a Senator’s office to enquire for me as I was getting no real answer for months, they then were told by the Embassy that upon review of my applications following my visa interviews, the adjudicating consular officers were not satisfied that I “had made a credible showing of my intention to abide by the conditions of the visa, maintain lawful status, and adhere to U.S. federal law” and as such the consular officers were required by law to refuse my applications under Section 214(b) of the INA.

 

I just don’t know where to go from here. I’m not inadmissible, clearly, but I also can’t get an ESTA - all of this despite having no criminal record. I have a great life here in my home country, I don’t ever intend to do anything more than visit the U.S. and see the spectacle of pro wrestling that is WrestleMania.

 

I know on paper it sounds like I’ve had a couple of run ins with the police but neither time was my fault and neither time occurred in any criminal outcome. I even work with the police from time to time in my job. What can I do?

 

So at no point were you recommended for a waiver? 

 

I think that given your most recent refusal was due to 214(b), all you can do is leave it much longer and apply again in a few years. Try ESTA first, answering the question truthfully, and if that’s refused then it’ll need to be a B visa. As you’re young without many ties, work towards getting more for the next time. 

 

Good luck. 

[UKWrestlingFan 0]

Just now, appleblossom said:

 

So at no point were you recommended for a waiver? 

 

I think that given your most recent refusal was due to 214(b), all you can do is leave it much longer and apply again in a few years. Try ESTA first, answering the question truthfully, and if that’s refused then it’ll need to be a B visa. As you’re young without many ties, work towards getting more for the next time. 

 

Good luck. 

Hi,

 

No I wasn’t recommended for a waiver at any point, I assume this is because I’m not inadmissible as I don’t have any cautions or convictions.

 

You are right that both refusals were under 214(b) but the impression that I’m getting from my visa refusal correspondence from the Embassy as that this is because they’re “unsure I will comply with the law” presumably because I’ve been arrested a couple of times, despite no further action being taken.

 

I just wondered if there were methods of overcoming this doubt or whether it was just a luck of the draw kind of thing, depending on the interviewer I get on the day if I re-apply.

[appleblossom 3,765]

17 minutes ago, UKWrestlingFan said:

Hi,

 

No I wasn’t recommended for a waiver at any point, I assume this is because I’m not inadmissible as I don’t have any cautions or convictions.

 

You are right that both refusals were under 214(b) but the impression that I’m getting from my visa refusal correspondence from the Embassy as that this is because they’re “unsure I will comply with the law” presumably because I’ve been arrested a couple of times, despite no further action being taken.

 

I just wondered if there were methods of overcoming this doubt or whether it was just a luck of the draw kind of thing, depending on the interviewer I get on the day if I re-apply.

 

Reapplying quickly just makes you look desperate to get to the US, which really doesn’t help your case. Obviously nobody knows for sure, you could reapply in a month and be granted a visa, but the general advice it usually to leave it much longer before applying again. 

 

Do you live at home or have your own property? If you don’t have your own place then I’d wait until you do before trying again. 

[Boiler 46,757]

I think you first error was the VWP, ESTA question is a little bit more subtle than suggested and that would be the way to go.

 

Not much you can do now, 2 refusals and well they have their records, why would someone else take a different route.

 

I do not see the need for a waiver, waive what?

[appleblossom 3,765]

1 minute ago, Boiler said:

I do not see the need for a waiver, waive what?

 

His ‘complete criminal history’ was referenced, so I wondered if there was something else that we didn’t know about. 

[UKWrestlingFan 0]

5 minutes ago, appleblossom said:

 

His ‘complete criminal history’ was referenced, so I wondered if there was something else that we didn’t know about. 

There isn’t anything else. I was baffled by this part as well.

 

7 minutes ago, Boiler said:

I think you first error was the VWP, ESTA question is a little bit more subtle than suggested and that would be the way to go.

 

Not much you can do now, 2 refusals and well they have their records, why would someone else take a different route.

 

I do not see the need for a waiver, waive what?

Yeah, some have suggested to me I could have answered No to the question as the arrests weren’t as a result of any damage I had caused, as I hadn’t actually done anything. Which is just another punch to the stomach really on top of all the others.

 

Perhaps you’re right and I’m screwed forever. It just hurts my heart man. I’ve never committed a crime in my life and I come from perhaps one of America’s closest allies, the UK, and my dream is to see the United States with my own eyes. I thought the visa process would have been easy.. guess that’s my fault for not doing the research beforehand.

[JeanneAdil 6,855]

I would say that not providing the SAR when applying with the report of arrest (even though dropped thru an investigation) is the issue 

 

How to overcome?  maybe can't but i would think live a good life now, stay out of trouble and away from those who cause problems / i know hard to do at your age but to face any future issues with authorities ,  you have to

 

volunteer with any group that can show good moral character (church, elderly citizens, people with needs,  animal help organizations like RSPCA or Refuse for pets )

show your true self if u are indeed a good man

 

and apply again in a few years / don't rush it 

sorry that u will miss the Wrestling and all the international soccer here to come in the US but u can do Canada 

[JeanneAdil 6,855]

7 minutes ago, UKWrestlingFan said:

There isn’t anything else. I was baffled by this part as well.

 

Yeah, some have suggested to me I could have answered No to the question as the arrests weren’t as a result of any damage I had caused, as I hadn’t actually done anything. Which is just another punch to the stomach really on top of all the others.

 

Perhaps you’re right and I’m screwed forever. It just hurts my heart man. I’ve never committed a crime in my life and I come from perhaps one of America’s closest allies, the UK, and my dream is to see the United States with my own eyes. I thought the visa process would have been easy.. guess that’s my fault for not doing the research beforehand.

nope, u had to say 'arrested' and provide all the documents that went along with the arrest and the NFA

[Boiler 46,757]

Give it a few years try bagain

 

I would imagine you are now blocked from ESTA

[Boiler 46,757]

9 minutes ago, JeanneAdil said:

I would say that not providing the SAR when applying with the report of arrest (even though dropped thru an investigation) is the issue 

 

How to overcome?  maybe can't but i would think live a good life now, stay out of trouble and away from those who cause problems / i know hard to do at your age but to face any future issues with authorities ,  you have to

 

volunteer with any group that can show good moral character (church, elderly citizens, people with needs,  animal help organizations like RSPCA or Refuse for pets )

show your true self if u are indeed a good man

 

and apply again in a few years / don't rush it 

sorry that u will miss the Wrestling and all the international soccer here to come in the US but u can do Canada 

Football

 

I cant think where volunteering really come up in the process.

[JeanneAdil 6,855]

1 minute ago, Boiler said:

Football

 

I cant think where volunteering really come up in the process.

Well futbal to be exact but soccer in the US where they will play this summer

and letters from various people involved with church or other can attest to good character even get this young man introduced into a community that will help grow good character instead of those who accuse him of rape or start a fire / thats how it helps

[appleblossom 3,765]

29 minutes ago, UKWrestlingFan said:

Perhaps you’re right and I’m screwed forever. It just hurts my heart man. I’ve never committed a crime in my life and I come from perhaps one of America’s closest allies, the UK, and my dream is to see the United States with my own eyes. I thought the visa process would have been easy.. guess that’s my fault for not doing the research beforehand.

 

I never said that! I think you can absolutely get the visa, but in time when you have more ties and a more established life in the UK.

 

Forget the ‘closest allies’ thing, that’s a load of nonsense and certainly has no bearing on visas anyway. 

[smilingstone 269]

There's a few success stories on here of people doing stints in prison for much more serious crimes and as they waited a much longer time and evidenced good character through employment and other ventures, were able to successfully obtain a tourist visa. 

 

Not what you want to hear, but keep things in perspective, atleast you're only missing out on a wrestling show. Plenty more of the world to see with no visa requirements.

 

You'll have opportunity to visit in future, you just need to wait this one out and make an effort in the mean time to better yourself on paper to appease the CO. 

 

Good luck! 

Edited April 18 by smilingstone

[Boiler 46,757]

WC is 2026 and that is the Spanish for Football

 

Long story but I applied for a B in London and had a bit of a wait so watched the many before me, the common feature was very quick and no documents.