Bringing friend (with criminal record) for wedding

[Ashley Scott 180]

Hi everyone.  I was hoping someone may be able to help us out with this question.  My husband came on a k1 visa and we were married on August 4.  Due to the short planning period, his friends and family from the UK were unable to attend.  We are having a large ceremony and reception on August 4, 2018 and everyone plans to make the journey over from the UK for that celebration.  His best friend from back home is supposed to be in the wedding next year and we so badly hope that he can make it but we are wondering about his chances of traveling on the ESTA or B2.  He was arrested for drink driving, possession, and disorderly conduct at one time and these are the charges that stuck on his record.  He received no jail time, only community service and fines and of course the driving ban for the drink driving. 

 

From my understanding he will not be able to travel under the VWP/ESTA due to the criminal charges and he will have to apply for a B2 tourist visa.  Am I correct in my thinking of this?  What are the chances of him being approved for the B2 visa in order to be a groomsman in our ceremony next year?  Anything we can provide from our end to help with this?

 

Thanks in advance!

[f f 725]

there is nothing you can provide to help. he has to apply on his own. as for getting a visa he can only apply and find out, make sure to include everything and when they ask about convictions they mean all even if I  the uk they are considered spent and sealed, they are not for visa purposes since they want everything he was ever accused or convicted of even if he was a minor.

[NigeriaorBust 4,087]

possession of what and how much ?

[Ashley Scott 180]

15 minutes ago, NigeriaorBust said:

possession of what and how much ?

It was possession of cocaine.  And a very small amount.  Not positive of exact amount but it was very little.

[Ashley Scott 180]

16 minutes ago, f f said:

there is nothing you can provide to help. he has to apply on his own. as for getting a visa he can only apply and find out, make sure to include everything and when they ask about convictions they mean all even if I  the uk they are considered spent and sealed, they are not for visa purposes since they want everything he was ever accused or convicted of even if he was a minor.

Ok, ty.  So would he start this process by requesting a police certificate?  And how soon in advance should he apply for the visa?  I know nothing about B2 visas or the timeline for them. lol. 

 

Thanks!

[NigeriaorBust 4,087]

   It doesn't look good to get a B2 visa with a drug conviction.  The US is very hard nose about anything other than a minor amount of weed.

[GreatDane 366]

Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.

 

As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on the internet at Visa Wait Times , and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.

 

During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.

 

You can learn more about the process here: http://www.visajourney.com/content/visitor-visa-guide 

[az2014 381]

11 hours ago, Ashley Scott said:

Ok, ty.  So would he start this process by requesting a police certificate?  And how soon in advance should he apply for the visa?  I know nothing about B2 visas or the timeline for them. lol. 

 

Thanks!

Firstly why does this 'friend' not do his own research?

 

Secondly go to google, type 'US B2 Visa from UK' if you want to know about it..

 

He applies, goes to the interview with his police certificates, if recommended for a waiver takes 5-6 months.

[Going through 5,668]

He would have a difficult time with any possession charge.  Even though it was a "small amount" as you said, the fact that it was cocaine and not marijuana is going to make it even harder.  Also would depend on whether his drug charge was just possession or possession with intent to distribute/sell, and how long ago each of his charges were.

 

Honestly his chances are slim with the B2, given that he has multiple charges plus possession, but he can try and see....anything's possible.

 

 

[Going through 5,668]

1 hour ago, az2014 said:

Firstly why does this 'friend' not do his own research?

I figure they want to find out if it's possible at all before asking him to be a groomsman at their wedding, since the ceremony is still a ways off next year.  But, yeah, he's going to need to become aware of the process eventually himself too.

[Ashley Scott 180]

3 hours ago, az2014 said:

Firstly why does this 'friend' not do his own research?

 

Secondly go to google, type 'US B2 Visa from UK' if you want to know about it..

 

He applies, goes to the interview with his police certificates, if recommended for a waiver takes 5-6 months.

 

1 hour ago, Going through said:

I figure they want to find out if it's possible at all before asking him to be a groomsman at their wedding, since the ceremony is still a ways off next year.  But, yeah, he's going to need to become aware of the process eventually himself too.

Firstly, that is correct @Going through.  We want to have a better idea of his chances of being able to come over before incorporating him into the wedding party.  He is already aware that he has quite a few set backs when it comes to making it.  He is familiar with traveling on the ESTA as he has done it numerous times in the past before he got himself in trouble but as he will no longer be eligible for this we need to weigh options.

 

Second, I have googled "US B2 Visa from UK".  The answers on google help but I figured it would be helpful to see if anyone has been through this experience themselves as well.  First hand experiences are always helpful to prepare in a case like this. 

 

Lastly, thank you for the information.  Sounds like we just need to tell him to prepare and go for it and see what happens. 

[Ashley Scott 180]

2 hours ago, Going through said:

He would have a difficult time with any possession charge.  Even though it was a "small amount" as you said, the fact that it was cocaine and not marijuana is going to make it even harder.  Also would depend on whether his drug charge was just possession or possession with intent to distribute/sell, and how long ago each of his charges were.

 

Honestly his chances are slim with the B2, given that he has multiple charges plus possession, but he can try and see....anything's possible.

Thank you.  I appreciate your advice.  We will talk to him and see if he wants to just "go for it".  I guess it cant hurt to try.

[Boiler 43,436]

Waivers usually take 6 months or so, he should apply asap.

[mindthegap 2,521]

Drink driving and disorderly conduct wouldn't be a problem by themselves..but the possession of a class A is.

It can't have been a vast amount or possession with intent, given it was community service, but nonetheless, it is a controlled substance conviction.

 

How long ago was this?

If it was some time ago, the chances of being issued with a single entry B2 are better than if it was recently.

 

Apply ASAP - as noted above, a waiver is taking on average 6 months.

He will need an ACRO certificate - link HERE (which will more than likely come back with 'no live trace' ), a subject access report - link HERE, and any court paperwork that he can get hold of.

 

 

 

Edited September 15, 2017 by mindthegap

[Ashley Scott 180]

44 minutes ago, mindthegap said:

Drink driving and disorderly conduct wouldn't be a problem by themselves..but the possession of a class A is.

It can't have been a vast amount or possession with intent, given it was community service, but nonetheless, it is a controlled substance conviction.

 

How long ago was this?

If it was some time ago, the chances of being issued with a single entry B2 are better than if it was recently.

 

Apply ASAP - as noted above, a waiver is taking on average 6 months.

He will need an ACRO certificate - link HERE (which will more than likely come back with 'no live trace' ), a subject access report - link HERE, and any court paperwork that he can get hold of.

 

 

 

Understandable. Unfortunately it was recent.  I don't know exactly when but I would say between 8-12 months ago so it would be within 2 years of him wanting to visit.  We will have a discussion with him to see what he would like to do.  If he wants to try then he can go for it and if not then it is understandable.  Thank you for your advice and info.  It's greatly appreciated!