Possible VIsa Waiver or a B-2?

[caligirl]

My daughter is at uni in England and her boyfriend and she were to come visit her family in US and all of a sudden he realizes he may need a visa waiver talking to the embassy and his father talking to a soliciter. He had a minor college incident apparently of urinating in the alley a year ago and a police officer demanded the fine of eighty pounds and he said he would pay it soon and threw him in prison overnight, now all of sudden plans are made and they are supposed to be here, he claims he went to court and cleared and no conviction, then why the need for this? I told him just get documentation from court and police of this matter with his valid passport, he thinks with high terrorism in US he will be denied entry now of which my daughter is upset and know that the UK and US really don't need a Visa entry, he claims he can travel to any country but US, this seems ridiculous to us/

[spudqueen]

This question comes up regularly on here. I think that technically anyone who has ever been arrested needs to apply for a visa to visit the States. However, in practice it would appear that many people just tick the boxes on the visa waiver form to say that they have not been arrested. Presumably they would not be allowed entry into the US if the US Government had anyway of checking our police records. However, checking out this website it appears (though I admit I have not read every word) that your daughters boyfriend may not have committed a crime which would deny him entry to the US.
http://www.travel.state.gov/visa/frvi/ineligib ilities/ineligibilities_1364.html

[caligirl]

Thank you for your reply and link to US GOV, called there but they don't resume hours until Monday and if there is any chance of this trip proceeding we need answers the latest on Monday as they would be traveling on Wednesday morning. In addition, I did call the town of which the situation occured, spoke to a police officer and they gave a number to call back to data protection to answer my questions and for him to make sure this was cleared. The officer told me that it is true you can get arrested for such a thing, but normally do not put someone in prison overnight for non payment, so they felt there is more to the story than he mentioned. If there was any indication here, he should have never planned to enter US for this vacation. He feels he cannot enter from the calls he and his father have placed to the embassy of which still seems insane to me but if this needed visa is true, there are fees and processsing time of which there is nothing left. Sadly, we will lose the airline tickets if they can not make it here. If you or anyone else knows positivelly more on this matter, please reply as we are in an urgent status mode. Thank you.

[lou 26]

As spudqueen states if he were arrested then technically yes he does require a visa. HOWEVER! I do know of people that have done much worse, not applied for visas, ticked no to all the questions on the green waiver form and still got into the States, no questions asked. The only thing that would be of concern here is that he has already contacted the embassy. If they have all his information then Im not sure if that would help his cause (but i dont know for certain). Im sure he wont have any problems entering the US without a visa if he answers no to the questions on the visa waiver (as has been stated on here before in previous questions the US do not have access to British criminal records)

[caligirl]

Thank you for your response and this waiver form is this something at customs upon entry in US? There is zero time left if they have a possibilty of coming here at all. I know it is a risk and will lose airline tickets either way. I just can't believe a ridiculous incidedent such as this would deny entry when we have terrorists entering the country. I told him if he brought proof that it was dismissed in court he should be fine. Anyone out there with more information, please reply or knows of someone in same situation.

[spudqueen]

The visa waiver forms are handed out on the aeroplane. As lou 26 says, people do just tick the boxes that they know the immigrations officer will want them to. If I were in his situation then I would probably get on the 'plane, fill out the visa waiver form as though I'd never been arrested and just brazen it out. If however he is refused entry then he will definitely need to apply for a visa for any further trips to the US.

[bednobs]

there is absolutely no hope of getting this sorted out in time, and in fact no-one can reliably tell you whether the will be stopped at immigration or not. The only thing to do is for him to brazen it out, tick on the form that he's never been convicted of a crime of moral turpitude, and hope that he gets in. There is nothing to prevent your daughter carrying on with her plans despite her boyfriend, and he can either chose to risk it and come with her, with the thought that if he gets turfed out she'll carry on or let her come on her own

[bednobs]

BTW, the reason the boyfriend is saying this is because he is right - you can only use the visa waiver scheme honestly if you've never been arrested

[lou 26]

as bednobs says noone can tell you whether he will be stopped at immigration or not, but then that is the case for everyone! I was held up in immigration for some time when i went this year and that was for something totally different and bizarre! There are two options 1. he can get on the plane, tick no to all the boxes on the visa waiver and chance it. The worst case scenario is that he is refused entry and is sent home (all airlines flying to the states from the UK have to guarantee that they will fly people home if they are refused entry) but I very much doubt he will be. option 2 is he can stay home, lose the airline ticket and he'll be left wondering if he'd ever have gotten in.

[munchie63]

Technically he's right about needing to apply for a visa.
I guess his best option is to answer 'no' on the waiver form, as he probably has not commited a crime of moral turpitude.
I had stupid �30 fine 15 years ago, but applied for a visa to be on the safe side. I honestly think the lady at the uS Embassy was a bit amused that I'd bothered, as she must know so many don't.
It's very unlikely that the lad will be refused entry because of his offence, as the US customs won't know about it.
What they may know however, is that he had contacted the embassy about a visa (did he give them his full details ?). His name may be flagged on their system.
It all depends how cool he can remain during the 30-50min wait to clear customs control.
It always amazes me that peolpe leave it until the last minute to sort out a visa, and find it's too late.

[JonnoGenie]

>>>BTW, the reason the boyfriend is saying this is because he is right - you can only use the visa waiver scheme honestly if you've never been arrested <<<


This is rubbish. Read the Foreign Affairs Manual re: moral turpitude, I'm sorry to say but you're talking ********.