Esta or visa??

Travel Forums North America Esta or visa??

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21. Posted by leics2 (Travel Guru 6376 posts) 22w Star this if you like it!

It seems ustraveldocs.com may be a valid portal...though not necessarily for UK citizens. UK citizens should follow the steps on the UK US Embassy website:

https://uk.usembassy.gov/visas/tourism-visitor/how-to-apply/

It clearly states that after printing out the DS-160 you should go to

https://ais.usvisa-info.com/en-gb

to pay and schedule an appointment. That site is live-linked on the page. If it eventually takes you to ustraveldocs you'll know it's the right place.

[ Edit: Edited on 16 Jan 2024, 08:47 GMT by leics2 ]

22. Posted by leics2 (Travel Guru 6376 posts) 22w Star this if you like it!

If you couldn't pay/make an appointment using the official link it could be a) the site was undergoing maintenance b) the site was doing it's normal daily 'rollover' c) there was a glitch (which will be sorted) or d) the next batch of appointments hasn't yet been released so no payments are being taken.

Just keep trying using the official link.

23. Posted by Confused2024 (Budding Member 18 posts) 22w Star this if you like it!

Yes I believe I was unable to make the payment due to having no appointments at the time.
Was finally able to make the payment and book the appointment today for April.

Now… would it be wise to apply for a subject access request from the police ? If my acro comes back as no trace but I have said I have convictions I’d assume they would want to see the details of said convictions.

if they do grant me a visa on the day is that the final decision or does this get overseen by someone else to make a final decision?

Because of the intent to supply 2Grams of cannabis am I automatically ineligible for a visa without having to go down the long & expensive route of getting a waiver of inadmissibility ?

24. Posted by leics2 (Travel Guru 6376 posts) 22w Star this if you like it!

I'm glad you got it sorted. You can cancel and re-make appointments so if you'd rather not wait until April do keep checking for earlier appointments. There are often cancellations and I suspect appointments are released in batches.

>>would it be wise to apply for a subject access request from the police ?

Yes because....

>If my acro comes back as no trace but I have said I have convictions I’d assume they would want to see the details of said convictions.

It won't come back as 'no trace' because you were charged, convicted and sentenced. As that happened 13 years ago it might come back as 'no live trace' but...

...visa officers know that 'no live trace' means someone has a criminal record. They will want to see the details of that criminal record so make that subject access request asap.


>if they do grant me a visa on the day is that the final decision or does this get overseen by someone else to make a final decision?

If you are granted a visa on the day that is the official & final decision at that time. Visas from any country can, in theory, be rescinded at any point but that's nothing you need to worry about.

>Because of the intent to supply 2Grams of cannabis am I automatically ineligible for a visa without having to go down the long & expensive route of getting a waiver of inadmissibility

First of all, getting a waiver of ineligibility takes time but it's not expensive. It won't cost you any more (unless you shell out money to disreputable lawyers, of course).

If the officer decides you do need a waiver and decides to recommend you for one you'll do any necessary paperwork at the time.

No-one here or anywhere else can tell you for certain whether you'll need a waiver. It's a smallish amount of cannabis but given that a) the charge was intent to supply and b) you were intending to supply someone in prison it's possible that you will. Possession with intent to supply is a CIMT:

https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/

The officer will no doubt ask why you did it and you'll be able to explain about the abusive relationship etc.

In the interview it's important for you to show that a) you fully accept responsibility for your crime and understand why it was wrong b) that you are now a responsible, hard-working and law-abiding citizen c) that you are highly unlikely to cause any issues if you are allowed to visit the US and d) you have compelling reasons (job, family etc) to return to the UK after your visit.

25. Posted by Confused2024 (Budding Member 18 posts) 22w Star this if you like it!

Thank you for all the information you have provided and the time in which you do.

I saw on a post the following statement from a few years ago

“People who have convictions for crimes involving moral turpitude (CIMT) cannot be granted a visa without first obtaining a 'waiver of ineligibility’ “

So am I right to assume that IF I get granted a visa that I absolutely will have to go down the long route of getting the waiver of ineligibility.

do they ever, in your experience allow the visa without the waiver ?

And if I will absolutely have to go via the waiver of ineligibility route is there anything I can or should have with me in the day to help that process go any quicker.

26. Posted by AndyF (Moderator 2959 posts) 22w Star this if you like it!

You only need the waiver if they decide you are ineligible for a visa under the rules. We don't know all the guidance the interviewing officer will be working to, so it may turn out you are eligible and are granted a visa. Drug offences seem to lead to a waiver though, as far as I can see.

There's nothing in particular that you can do to speed it up, other than choosing the Belfast office rather than the London embassy.

Main thing you can do is improve your chances by making a good impression. Dress neatly. Be open and honest about your record, accept responsibility, show the officer that you're not likely to cause them problems or abuse your visitor visa by working or illegally immigrating. If you have evidence of settled status here, like payslips, take them, though they may not be asked for.

27. Posted by Confused2024 (Budding Member 18 posts) 22w Star this if you like it!

Thank you for your response.

I came across the following information online -

According to Section 212(a)(2)(A)(i)(1), a person who admits or is convicted of a crime of moral turpitude is subject to a permanent bar from the United States. The primary exceptions are for 1) those who committed the crime while under age 18 and 2) a conviction for a crime of moral turpitude which qualifies as a petty offense. To qualify under the age exception, the crime must have been committed more than 5 years before the date of the visa application. To qualify under the petty offense exception, the maximum penalty possible for the crime was one year or less, and the person was sentenced to imprisonment for six months or less

how up to date it is I am yet to find out & perhaps my interpretation is off, however it mentions the length of time being a year or less and I was sentenced to 12 months suspended sentence… what’s your take on that ?

28. Posted by AndyF (Moderator 2959 posts) 22w Star this if you like it!

If you're going to look online you're going to find all sorts, some not applicable to your situation.

The exact details the officers are working to will not be public knowledge. And it's done on a case by case basis.

I think the advice you've had from Leics2 is excellent.

I wouldn't wind yourself up. Just begin the process and let it take its course. Personally I think you will be fine and have nothing to worry about, it will just take time.

29. Posted by leics2 (Travel Guru 6376 posts) 22w Star this if you like it!

Andy is absolutely right.

CIMT is a US legal concept. In order to determine whether a crime committed in another jurisdiction is CIMT the officer (in consultation with superiors if necessary) needs all the details of the individual case to determine its equivalent in US law. He/she works within US law plus internal guidelines and regulations which are not in the public domain.

>however it mentions the length of time being a year or less and I was sentenced to 12 months suspended sentence… what’s your take on that ?

The quote you give refers to the maximum penalty for the crime not the maximum penalty someone recieved. Intent to supply carries a maximum penalty of life and bringing drugs into prison carries a maximum of 10 years.

Rather than stressing, researching and trying to second-guess the system I suggest you accept that your chances of not needing a waiver are very slim. It is the interviewing officer who will decide that and who will make the decision to recommend you for a waiver (or not). You will not be able to argue either decision at the time and would be very foolish to even try.

Your focus now should be on preparing for your interview, thinking about how best to explain the cxircumstances surrounding your offence and how to convince him/her that you are a responsible & law-abiding citizen.

30. Posted by Confused2024 (Budding Member 18 posts) 15w Star this if you like it!

Hello,

my appointment at the US embassy is soon approaching and i am currently getting together all the relevant documents required.

I am having some issues with the following form VCU1
Section 2 suggests I do not need to complete convictions/arrests etc if I have a ACRO police certificate or at least this was my take on the wording… am I correct ? It also says I need to list any imprisonment due to my sentence being suspended I assume it is still deemed as a custodial sentence albeit in the community do I need to list this ?

section 6 asks if I replied “yes” to eligibility questions on the DS160 form I do not recal if I did or what this may mean in terms of what information would be required of me.

whilst I am able to populate the form online it will not allow me to input a signature online so I will need to print this first before I can the sign and date… is this sufficient?

In terms of providing evidence to the UK would a tenancy agreement, my child’s birth certificate & photos of myself with my family be okay ? If not what suggestions does anyone have in terms of providing evidence to the UK ? I do not currently work due to being a fulltime carer to my son with disabilities so can not provide wage slips.

from my understanding they want to see that you’re able to financially provide for yourself when in the US my trip would be something I save for overtime and set money aside for spending money when the time comes to travel will they accept this or do they expect to see an abundance of financial means ?

Thank you.