visa nightmare

[debval]

we have family hol to florida booked and paid for, we travel in 6 weeks. my son was arrested last year for being drunk, not charged, tried to do things right, applied for subject information report which took lot longer than the 40 days it is supposed to, by which time american embassy have told him they can not give him appointment until end of june. if he tried to enter using the visa waiver scheme would the americans at immigration have a record of him having enquired about a visa but not actually obtained one? Be grateful if anyone knows, im having sleepless nights!

[dzug]

I don't know whether immigration in Florida will have a record of the visa application or not, but you needn't have bothered.

Drunkeness as such is not a crime involving moral turpitude so he can quite truthfully tick and sign the no box on the visa waiver form.

[NORMANTHEDOG]

why do you all post this stupid question,as he was not charged,whats your problem,he has no criminal record,and is entitled to enter on the VWP.

[debval]

didnt think it was a stupid question since the information on the american embassy website clearly states that if you have ever been arrested, regardless of the outcome, then you are not supposed to travel under the waiver schemel. and are you always so rude? To the civil people taking the time to help, the moral terpitude thing isnt mentioned on the website at all, ive gathered from reading other accounts on this site that it is the only question actually asked on the form you fill in on the plane, but my worry is that since my son has made contact with the embassy when trying to get an appointment, would this show against his passport number on entry to states.

[doirecormac]

debval, you are correct on a number of counts - yes the form does state you must declare if you have even been arrested and yes, NTD is always so rude - there are a few people who use this site who obviously have personal problems and use the site to vent their anger or their inadequacies on other people - best to ignore them. good luck and hope all goes well in florida - great place and not just for the theme parks

[dzug]

The US Embassy website is a bit misleading, probably with good intentions.

They play it very safe - they do not trust the British travelling public to understand the distinctions between crimes involving moral turpitude and those that do not. Therefore they say apply for a visa and let us decide and BTW that will be $100. But US law allows you to decide for yourself and sign the NO box if that is true - you don't need theEmbassy to advise you.

I don't think it's a money making scam - more a question of paranoia that someone advised by them will be turned back because they got it wrong.

[debval]

Thanks for your views, not really any better off. we realise that given a choice it would have been better to get the visa and not have to worry, but since we were never warned that there was such a long wait for an appoinitment, that route isnt an option now. The issue i am really desperate for advice on is wether or not the immigration officials in sanford will be able to tell from his passport number that he tried to get a visa appointment, therefore acknowledging to them he was not eligible for waiver scheme, and see that he never actually got the visa. i.e is their a connection between the computers on the appointment line at us embassy and immigration when we land. If there is anyone who can help i would be really grateful.

[dzug]

But he IS eligible for the visa waiver scheme. He has not been arrested or convicted for a crime involving moral turpitude, which is the question asked on the visa waiver application form.

So it doesn't really matter if they 'know' in Florida that he has applied for a visa and withdrawn the application. Just as long as the visa wasn't refused. You just tell them (if asked) that you thought he needed a visa but found out that he didn't.

Still a worry I know - but there's not a lot you can do about it now.

[debval]

thanks Dzug, you are right, technically he probably is eligible, wish we had never spoken to embassy now! As you say, not much we can do about it now, except cross our fingers. My son would be mortified if he was questioned, he likes to do things right, think the whole thing is a **** up from start - it should all be made much clearer, will be horrible if they take him away for further questioning of something, im struggling to look forward to this trip, shame because we work hard and deserve a decent holiday - wish we had gone carribean or somewhere now, anywhere you dont need a visa! will come back and post outcome for any other travellers now or in future in same position.

[jno]

he should be okay as long as he wasn't refused a visa, as dzug says. Just tick the 'no' boxes on the visa waiver form on the plane - and try not to look guilty.

[munchie63]

okay. if....and probably only IF your son actually made an appointment at the embassy, then failed to attend, would any action possibly be taken. I'm assuming you called for info, but did you book an appointment ?

I can see why you're worried, but as dzug (who's quite up on this topic) posted, your son CAN use the VW option.
Take the SA report you paid for with you. The worse that could happen is they say 'hang on, why did you apply for a visa'. Tell them your son thought he had too, then found out he didn't. It's terrorists and serious criminals they're (rightly) trying to keep out, not kids who get hammered one Sat night, and do something stupid.
I'm sure you'll be fine.

[debval]

Thanks everyone, feeling little better about this. My son only rang embassy to make an appointment, when they told him he couldnt be seen until end of june, when we travel mid may he hung up, but he had to give his passport number at the beginning of the call before they would look at when an appointment could be offered. Maybe im being severely paranoid, and as you all point out, he is hardly a super criminal. Think it is very wrong that unless you get to chat to people who have had experience of this and were relying solely on info from the embassy, you would assume that one night getting wrecked when you are young is enough to cause your hol to be ruined. well, as said before we will go and hope for the best and let you know when we get back. in meantime if there are people out there who have been in similar situation and got through immigration no probs, would be good to hear.

[debval]

Hi, just to say we have returned from our florida holiday after a fab time. My son had no probs whatsoever, felt sick at immigration but they couldnt have been nicer. My youngest son, whom i believed to be 'clean' then told me on our way out of sanford that he had recently been convicted of possession of a class a drug, and had been secretly crapping himself, too scared to tell me because he knew i was already worried bout his brother. The point being, to anyone in similar predicament, they dont know anything unless you tell them. They have no links with our police computer so, definately go, tick all boxes on waiver form no, no, no, smile nicely at the immigration man and you will be fine! i had many sleepless nights before we left for this holiday, all unnecessary, though didnt know then. Go under waiver scheme and save the visa money to spend on a great time there. Fab place, by way! Thanks to everyone who offered advise at the height of my nervous breakdown, hope this posting helps reassure others.

[jaguar07]

thank you so much for posting your experience-we keep reading that it is ok to go ahead on the visa waiver but noone advises that they have managed it.you have really put my mind at rest.so glad you had a good time!

[debval]

No problem, glad to have helped someone. I dont see the point of these sites if you dont offer the end result for other peoples benefit! Dont know your circumstances or why you are or were worried, but just to reassure people further, a friend who had recent drink driving conviction also travelled yesterday under waiver scheme and i have just received text to say she had no probs either. As i said on previous posting they know nothing unless you tell them. Have great time!