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emylady

Chances of family members getting B2 with convictions?

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Hi All, 

 

I'm from the UK and awaiting my K1 to marry my USC. My Brother in Law wants to attend my wedding in New York in 2018, however he has a conviction for causing death by dangerous driving and has done time in prison. This was over 15 years ago and we're wondering if he will be able to enter the US at all or if he may have a shot at the visitor visa with it being so long ago. He has no other convictions or offences since. 

 

Also my sister has a conviction for drink driving, would she be eligible for an ESTA or would a visitor visa be the only option too?

 

Thanks in advance! If only families were simple!

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Your sister should complete the ESTA application process and see the result. Did she just get points and a fine? Was she actually convicted? Her chances are considerably better than your brother's. Note that for visa and immigration purposes there is no such thing as a spent conviction so the amount of time since it happened is pretty meaningless. It's the nature of the crime that is the problem here. I don't see it happening for your brother, to be honest with you. 

Edited by JFH

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K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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Thanks everyone, I didn't think my BIL would have a chance at coming. I'll advise my sister to at least try the ESTA and go from there.

 

6 minutes ago, EandH0904 said:

It is extremely unlikely either will get a visitor visa to come to the US.  

 

After you get your k1 and green card you should return to UK for a small family wedding if that is important to you. 

Reason i'd like them to come is because it will only be them and my father so seems silly to come back and have a small UK wedding. Such a shame :(

 

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BIL sounds like a CIMT so will need a B and a waiver, waiver adds about 6 months to the process.


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Ignore the UK embassy page linked to above - it has always been inaccurate, and has unfortunately caused many people to get a visa when they have no reason to do so.

 

 

 

 

With regards to your sister, drink driving is not considered a CIMT, and the maximum possible sentence - which is the important factor when dealing with US visa law - does not exceed one year in prison.

 

The current question on the ESTA is "Have you ever been arrested or convicted for a crime that resulted in serious damage to property or serious harm to another person or government authority?".

If it is a straight DD conviction with no aggravating factors, and she can truthfully answer no to that ESTA question, and with no other convictions she should be ok to travel under the VWP, subject to the ESTA being approved of course.

 

 

 

 

 

 

As for your brother in law...15 years ago, primarily a motoring offence, albeit one of the most serious ones - but the fact that he has kept his nose clean since is a good thing. 

 

I would argue that death by dangerous driving is not a CIMT, as there was no evil intent (and if there was intent to kill, it probably would have been a straight murder conviction, which is definitely a CIMT). There is some US case law that would back this up.

 

i would suggest applying for a B2 with a waiver, which should take around 6 months, maybe more, maybe less. However, if it was death by dangerous driving involving drink or drugs it may be a little harder.

 

Put it this way, if he doesn't apply, he has a 0% chance of approval.

 

 

11 hours ago, EandH0904 said:

It is extremely unlikely either will get a visitor visa to come to the US.  

 

After you get your k1 and green card you should return to UK for a small family wedding if that is important to you. 

Kindly post your nonsense elsewhere.

Edited by mindthegap

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4 hours ago, mindthegap said:

Ignore the UK embassy page linked to above - it has always been inaccurate, and has unfortunately caused many people to get a visa when they have no reason to do so.

 

 

 

 

With regards to your sister, drink driving is not considered a CIMT, and the maximum possible sentence - which is the important factor when dealing with US visa law - does not exceed one year in prison.

 

The current question on the ESTA is "Have you ever been arrested or convicted for a crime that resulted in serious damage to property or serious harm to another person or government authority?".

If it is a straight DD conviction with no aggravating factors, and she can truthfully answer no to that ESTA question, and with no other convictions she should be ok to travel under the VWP, subject to the ESTA being approved of course.

 

 

 

 

 

 

As for your brother in law...15 years ago, primarily a motoring offence, albeit one of the most serious ones - but the fact that he has kept his nose clean since is a good thing. 

 

I would argue that death by dangerous driving is not a CIMT, as there was no evil intent (and if there was intent to kill, it probably would have been a straight murder conviction, which is definitely a CIMT). There is some US case law that would back this up.

 

i would suggest applying for a B2 with a waiver, which should take around 6 months, maybe more, maybe less. However, if it was death by dangerous driving involving drink or drugs it may be a little harder.

 

Put it this way, if he doesn't apply, he has a 0% chance of approval.

 

 

Kindly post your nonsense elsewhere.

Thank you so much for your reply. I believe they're both going to try your suggestions. 

 

I better ask my BIL to start now then as I think we'll be marrying beginning of next year! 

 

Thanks again! 

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23 hours ago, emylady said:

Hi All, 

 

I'm from the UK and awaiting my K1 to marry my USC. My Brother in Law wants to attend my wedding in New York in 2018, however he has a conviction for causing death by dangerous driving and has done time in prison. This was over 15 years ago and we're wondering if he will be able to enter the US at all or if he may have a shot at the visitor visa with it being so long ago. He has no other convictions or offences since. 

 

Also my sister has a conviction for drink driving, would she be eligible for an ESTA or would a visitor visa be the only option too?

 

Thanks in advance! If only families were simple!

Sister can try for ESTA...how long ago was her conviction, however?

 

Brother in law can try for the B2 with a waiver, however it would also depend on the factors of his case----any drugs or alcohol involved?  While it is not classed as a CIMT (unless involving drinking and/or drugs) it is viewed as a serious offense.


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4 minutes ago, Going through said:

Sister can try for ESTA...how long ago was her conviction, however?

 

Brother in law can try for the B2 with a waiver, however it would also depend on the factors of his case----any drugs or alcohol involved?  While it is not classed as a CIMT (unless involving drinking and/or drugs) it is viewed as a serious offense.

Not sure how long ago her conviction was. I know she didn't do any prison time. I'll have to ask her, but I think it was over 10 years ago.

 

Thank you for your response, and good luck with your Naturalization interview on Wednesday!!

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