Visa Denied- Please help!

Travel Forums Central/South America & The Caribbean Visa Denied- Please help!

1. Posted by traveller2018x (First Time Poster 1 posts) 7w Star this if you like it!

Hello everyone,
I'm in need of some advice

My and my partner attempted to travel to America last summer for 3 months of travelling. I was Able to apply from the waiver visa however my partner (who is now 26) was arrested when he was 12 and 18 for minor situations such as cannabis (small a amount) and carrying a minor weapon (knuckle duster). However he did not get in any serious trouble and his parents were called when he was young, the second time he received a caution. (something which he now massively regrets as a child)
He has never been in any trouble with the police since. He works full time and has his driving licence. He also requested an ACRO police certificate which came back as "no live trace" which means they hold information about the arrests however it is not deemed as relevant anymore.

Many people told us to lie on the application as the ACRO had came back clear and he "should be fine". However we decided to be honest, and wanted to do it properly therefor he applied for a B2 tourist visa and booked his appointment at the London embassy. my partner was completely Honest and put down on the application about his convictions as a child but explained that they are no longer relevant.

Unfortunately, my partner was denied his visa. They did not ask him many questions and after a brief sit down he was rejected . Travelling to America is a huge dream of ours and we are willing to seek legal advice so that we would be able to travel there next summer. We have been informed that a solicitor could help.
However we were hoping somebody online may be able to help. We really do not want to accept defeat and give up.
Any helpful advice or suggestions would be massively appreciated as to what our options are from here!

we really thought by being honest it would go in our favour especially with him being in a good job and it being nearly 10 years ago, but that wasnt the case!

2. Posted by AndyF (Moderator 1161 posts) 7w Star this if you like it!

To the best of my knowledge there is no process you could go through in UK law for this, it is all at the discretion of the case officer. So I don't see what a solicitor could do for you, apart from taking your money.

I don't know that they stop you from applying again, why not give it another try? Focus on presenting well, try not to come across as cocky (such as asserting that at 18 he was a child or that the issues aren't relevant - that's for the case officer to decide).

Or go to some of the many more interesting places in the world where they'll welcome your money instead of judging you.

3. Posted by leics2 (Respected Member 367 posts) 7w Star this if you like it!

I'm sorry your partner was refused a visa. I'm guessing that your partner has UK citizenship?

At his interview your partner should have been given the written reasons for his refusal. Unless you can easily challenge those reasons (e.g. because there is a factual inaccuracy somewhere) I strongly suspect that paying for legal advice (never cheap) will be a waste of money.

It's worth reading through the info on this page:

https://uk.usembassy.gov/visas/non-immigrant-visa-faqs/visa-refunds/

Note their firm statement that:

> Although the Consular Section attempts to be responsive to inquirers, please understand that our policy is to not respond to correspondence from an applicant regarding a finding of ineligibility under Section 214(b). Once a case is closed the Consular Section cannot take any further action

It may be best to put your plans on hold for a couple of years and then re-apply. That's tough, but it is as it is. Dreams are not always attainable at the exact time you want them. Sometimes you just have to wait.....and, in my own experience, they're all the better for that wait. :-)

Don't even think of making (and lying on) an ESTA application. Your partner's visa refusal will be on the system and imo it's very likely that either the ESTA will be refused or he will be picked up on entry.

[ Edit: Edited on 31-Jul-2018, at 10:13 by leics2 ]