Help: Parents Visit

[Englander 0]

We'd love to have my husband's parents over for a visit. His mum came over for our wedding last year so she's not the problem.

My father-in-law has a criminal record. A drug crime from over 20+ years ago.

Is there anything I, or my Husband (Green Card Holder) can do to bring him to the US?

He'd like to come over for about 2 weeks, and He'd love to be able to visit when he'd like. It's killing my husband that he can't come visit. Because unlike my husband and I who don't have the money to pick up and go to England whenever, He has the money and time to come over.

My Father-in-law holds a great job and has for 20 years. He's way up in a huge bank in England.

So my next question is

If there is a way to help get him over here, will that way include notifying his work? because his work doesn't know about this crime. And he really can't afford to lose his retirement seeing as he retires in 3 years.

Also we're headed to England in Dec, So I thought maybe there was something we could do while we're over there?

Thanks in advanced for any info or even any experience on this at all.

[payxibka 10,045]

We'd love to have my husband's parents over for a visit. His mum came over for our wedding last year so she's not the problem.

My father-in-law has a criminal record. A drug crime from over 20+ years ago.

Is there anything I, or my Husband (Green Card Holder) can do to bring him to the US?

He'd like to come over for about 2 weeks, and He'd love to be able to visit when he'd like. It's killing my husband that he can't come visit. Because unlike my husband and I who don't have the money to pick up and go to England whenever, He has the money and time to come over.

My Father-in-law holds a great job and has for 20 years. He's way up in a huge bank in England.

So my next question is

If there is a way to help get him over here, will that way include notifying his work? because his work doesn't know about this crime. And he really can't afford to lose his retirement seeing as he retires in 3 years.

Also we're headed to England in Dec, So I thought maybe there was something we could do while we're over there?

Thanks in advanced for any info or even any experience on this at all.

does he not qualify for VWP?

[gmjdmj 2]

Since he is not applying to move to the US permanantly, I would think that he could come over on a visa waiver.

[Englander 0]

I don't think he qualifies for VWP because of his conviction?

[payxibka 10,045]

OK then have him apply for a tourist visa... no police report is required for this application

[Englander 0]

I don't understand this new ESTA thing, is it to do with VWP and do you already have to have a trip booked to use it? I'd like to see if my father-in-law could use the VWP through ESTA?

[Krikit 1,164]

His father can apply for a waiver. Document - Crimes Involving Moral Turpitude and Controlled Substance Violators

See also US Dept of State - Travel: Ineligibilities and Waivers

Moving from Bringing Family Members of PR's Forum to Waiver Forum. Good luck.

[Stephen + Elisha 92]

QUOTE (Englander @ Nov 1 2009, 09:50 AM) I don't understand this new ESTA thing, is it to do with VWP and do you already have to have a trip booked to use it? I'd like to see if my father-in-law could use the VWP through ESTA?

You don't have to have a trip booked. You do have to have a qualifying passport.

Also, be aware that it's possible to be pre-approved through ESTA and still be denied entry at POE. Even after receiving pre-authorization through ESTA, the visitor has to fill out an I-94W (green form) and go through immigration inspection. He'll have to answer "Yes" to some of the questions on that form (see http://www.***removed***/visas/i-94w.html) which is going to lead to some further questions.

Edited December 7, 2011 by Kathryn41

[rebeccajo 14]

Krikit -

Would he need a waiver for a B2?

I know he would have to disclose the crime at the consulate when he went for the B2.

There is a member here whose husband had to file a waiver for his K1 to be granted. He held a B2 prior to the K1 and he disclosed his crimes when requesting that B2 - but I don't think he had to file a formal waiver. His charges though were not drug related.

OP - if your Father-In-Laws crime involved trafficking, he is permanently banned.

I don't understand this new ESTA thing, is it to do with VWP and do you already have to have a trip booked to use it? I'd like to see if my father-in-law could use the VWP through ESTA?

He can't use the VWP at all since he has prior convictions. ESTA or not.

[rebeccajo 14]

Useful linkies:

http://www.usembassy.org.uk/cons_new/visa/niv/vwp3.html

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

http://www.usembassy.org.uk/cons_new/visa/niv/add_crime.html

Applicants applying for visas at the U.S. Embassy in London or the Consulate in Belfast are required to furnish a police certificate from the Association of Chief Police Officers (ACPO) issued within 6 months of the date of the visa interview. Information on obtaining the police certificate is available from the ACPO website.

Applying for the visa

You are required to schedule an appointment for an interview with a U.S. Consular Officer.

Applicants applying for visas in London are required to request an appointment with the Visa Coordination Officer to allow sufficient time for their case to be reviewed, as their application will be subject to greater scrutiny. Applicants with criminal histories who do not request an appoitment with the Visa Coordination Officer may be required to return to the Embassy at a later date if there is insufficient time to evaluate their case.

When applying for a visa you are required to submit with your application the following additional documents:

* a completed personal data sheet, Form VCU1 (PDF 64Kb);

* A police certificate from the ACPO issued less than 6 months before your visa interview;

* copies of the court record(s) covering all charges of which you have been convicted, or which are presently pending against you, if relevant. (Required if you have a conviction outside the United Kingdom or your ACPO states "No Trace" or "No Live Trace" or does not list in full your arrests/convictions/cautions).

If the conviction(s) results in the applicant being found permanently ineligible to receive a visa, it will mean a lifetime exclusion from the United States unless he or she obtains a waiver of the permanent ineligibility from the United States Department of Homeland Security Customs and Border Protection (DHSCBP). The granting of a waiver is not automatic and is based on several factors, including nature of the crime committed, sentence served and the period of time which has elapsed since the conviction.

Edited November 1, 2009 by rebeccajo

[Englander 0]

Thanks everyone!! I knew he couldn't use the VWP, just got confused. I'm going to look more into it and hopefully he can schedule an interview for a B2 while I'm in England. I am unsure of his convictions, I will ask, though it's a pretty sore subject at the minute, since my husband hasn't seen him for over a year and a half.

As it's looking at the minute, we'll be relocating to England as soon as possible, because my parents can travel freely. Though don't have the money to do so all the time.

My father-in-law travels all the time and gets visas for other countries, and the US is our problem. Should have known, seeing how long the process was to get my love over here.