B2 Visa to USA Refused in 2007, applying again next year - whats the chances??

[LJS77]

my brother was refused a visa at his interview back in 2007 based on a conviction for wrongfully retaining a credit back in 2002. This is classed as moral turpitude. He was told he could appeal at the time or apply again in the future. He did not appeal at the time as I dont think it was explained to him properly. We are now hoping to go to Florida in 2013 for a family holiday and wondered if anyone could provide some info on the likelyhood of his visa being approved this time? Would he have to apply again or could he appeal the previous decision now? if he does apply and appeals a refusal is it possible to be accepted for a B2 this time as it will be 6 years since he last applied and 11 years since his conviction, he wasnt sent to prison or anything like that. Please help!!!!!!

[Buenchico]

The US Immigration and Nationality Act places a lifetime bar on anyone entering the USA who has been convicted of an offence of moral turpitude (except when they were a minor at the time of the offence, and there was only a single offence). So the US Embassy staff have no discretion when it comes to considering visa applications from such people; they must (in every case) refuse the application.

However US law also provides that the Department of Homeland Security may issue a 'waiver of permanent ineligibility'. If such a a waiver is granted, the Embassy may then reconsider the application.

So the first stage of seeking the relevant 'waiver' is always to submit a new visa application (together with the relevant police documentation) and to attend the interview. At that stage a request for the application to be referred to Washington (and to be treated as a 'waiver' application) can be made. (However it might possibly accelerate matters if a letter is sent with the visa application, stating that the applicant is seeking a 'waiver of permanent ineligibility').

The total processing time is a MINIMUM of 5 months, but can frequently be MUCH longer. Someone posted, here on AB, to say that her husband had waited for 15 MONTHS before having his waiver application turned down (for two offences of driving without insurance). So (given that there's no point in booking travel before finding out whether a visa will be issued) it's already getting late to apply for travel in 2013.

The USA doesn't recognise the UK's Rehabilitation of Offenders Act (and has no equivalent legislation), so there are no rules about when (if ever) an offence may be disregarded for immigration purposes; every application is processed individually. However I've seen it suggested that a MINIMUM 10-year period is applied to those offences which might eventually be disregarded. So your brother probably has some sort of chance of being admitted (but it's still also possible that he'll never be allowed to enter the USA). The only way to find out is to apply a.s.a.p.

Chris

[mike11111]

I thought I understood the meaning of moral turpitude but if driving without insurance comes into this category I will have to rethink.

[237SJ]

From my experience of US immigration, they will take your brother`s situation into account and there is at least a 50/50 chance that he may be granted a visa. He will be treated fairly in any case so there is no point in worrying.

[LJS77]

Thanks for your reply Chris, when you say a letter can be written requesting a Waiver of Permanent Illegibilty, who writes this? My brother or do we need to get a solicitor or someone involved?

The lady that you mentioned whose husband had his waiver refused, was there any particular reason for this?

Thanks again
Laura

[Buenchico]

A letter from your brother will be as good (if at all) as any from a solicitor.

I doubt that the US authorities ever provide a reason for their decision as to whether to issue a waiver or not (so the lady referred to in my post above won't have known why her husband's application was refused). It has to be remembered though that issuing a waiver effectively overturns an aspect of US law (which automatically bars anyone from entry who has, for example, simply nicked a Mars bar 50 years ago). So the decision to issue a waiver won't be taken lightly.

Chris

[dzug2]

I would not class driving without insurance as moral turpitude per se - but if it included trying to pass off an invalid or forged certificate as valid then it might class as fraud and thus be moral turpitude.

[LJS77]

Thanks again Chris for your answers and everyone's comments. Chris, have you been through this process yourself? Just wondered how you are so well informed? thanks again

[munchie63]

driving without ins would be classed as MT. parking tickets and possibly speeding points would not, but it's a very grey area.

I had a drunken night as a 21yr old and was arrested along with a friend, basically for failing to 'move along' when told to do so. Silly incident, day off work for court and a £40 fine.

when I decided to take the kids to Florida I didnt want to run the risk of being refused, even though deep down I knew the odds of that were very slim indeed. Silly offence, and a long time ago.

So, I applied for a visa. Took paperwork along to show I was employed, had a mortgage and was a responsible family man now. Took around 2 months to get the embassy intvw date, which gave me time to get the CRB etc done. (bit hard to get the larger size visa pic done as most places dont take them). At the embassy it's a 30-60min wait outside in the street, then another 30mins to wait to hand your forms over. After that, it was another hour to get called for the 'interview'. Loads of post office types windows...guess who got called to the one with the blocked off partition :)
The embassy official was really nice and friendly, aksed me about the incident, smiled (prob cause it was so stupid and petty - akin to jaywalking), asked what I did for a living and reason for visit, then told me there and then she'd approve my application. Got the visa 7-10 days later.

It can be a stressful time, and many just go and chance it without the visa. As your brothers already applid he'll be on the list of those refused previously. In his shoes, I'd apply again, now, and take as much paperwork as poss to show he's behaved since the last time. work reference etc all helps. They want to protect their shores, but if he can prove he's not a 'risk' then he has a good chance of being given a visa. It's usually drugs and those given a prison sentence that get instant refusal every time.