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stimac1 | 20:31 Fri 12th Dec 2008 | Travel
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Hi i'm a british citizen had an interview at the us embassy for a non immigrant visa. I cant get a visa wavier as I have one conviction 16 years ago for 2 counts of deception. Not sure but The offence may have been committed when i was just under 18 although may have been arrested when i was a few days over 18. Can you help or do i need to apply for a visa.
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I think you are stuffed. Appreciate it's a bit late now, but the general advice on here is to just go through with the journey and complete the visa waiver. Unless you're really unlikely, the visa waiver works for most people with offences that are spent or regarded as more trivial over here.
However I'm afraid that you'll have been tagged now.
If you've had an interview at the Embassy then surely you have already applied for a visa?

Given the time since the offences, they are likely to let you in, maybe with a delay while they think about it. No guarantees though
Spent convictions under UK law do not count in the US. But if Deception is a crime involving Moral Turpitude then you are unlikely to be granted a visa. If the person interviewing you feels that enough time has passed since your conviction then they will pass this to Washington for a waiver of ineligibility. Regarding your age have a look at this document. Your answers might be here

http://www.state.gov/documents/organization/86 942.pdf

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Thanks for your reply..as my crime was commited when I was 17 does that mean that they will waive the ineligibility?
The embassy officer said that it was the date of the arrest (when i was 18) and not the date of offence (17).
They might waive the ineligibility given that it was 16 years ago (they have a guideline of 15 years plus proven rehabilitation).

They would have to refer it to Washington and it could take months to get a decision.

Did they say they would refer it or just refuse you outright?
There's recent case of a lady who has a deception and shoplifting conviction from 19 years ago. She had her visa application denied and sent to Washington for a Wavier of Ineligibility. It came back approved in approximately 6 weeks.
Why does the US make it so difficult to get into their country for a holiday. I understand all the checks for people wanting to stay in the country but so far we have spent hundreds of pounds and hours of time trying to get visas and now 2 of us have visas but one doesn't all because he has a criminal record which is almost 9 years old. How do celebrities get visas? Honest people who admit their crimes and apply for a visa are being discriminated against. I guess once you apply for a visa and have it turned down then the US authorities are more likely to stop you if you try to enter the US on the waiver system (by lying).

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