Visiting from Italy

[LandT222 0]

Hi, I need some guidance as to how to proceed with my mother's husband's visitor visa. I helped him apply for a B-2 visitors visa, but I didn't know he had had an arrest in the past. I recommended to him to get a police report but he didn't think he needed one. He went to his interview and his visa was rejected.

 

He wants to apply for a shorter visit, one for 3 months. Is it probably going to be rejected again, or if he gets a police report would it help? It was one arrest and he is a hard worker and good person. He lives in Italy, and I don't know if they are really strict there. 

 

Any advice is appreciated. 

Edited January 7, 2018 by LandT222

[payxibka 10,044]

Just now, LandT222 said:

Hi, I need some guidance as to how to proceed with my mother's husband's visitor visa. I helped him apply for a

B-2 visitors visa, but I didn't know he had had an arrest in the past. I recommended to him to get a police report but he didn't think he needed one. He went to his interview and his visa was rejected.

 

He wants to apply for a shorter visit, one for 3 months. Is it probably going to be rejected again, or if he gets a police report would it help? It was one arrest and he is a hard worker and good person. He lives in Italy, and I don't know if they are really strict there. 

 

Any advice is appreciated. 

No such thing as a shorter visa

[Crazy Cat 39,400]

10 minutes ago, LandT222 said:

Hi, I need some guidance as to how to proceed with my mother's husband's visitor visa. I helped him apply for a B-2 visitors visa, but I didn't know he had had an arrest in the past. I recommended to him to get a police report but he didn't think he needed one. He went to his interview and his visa was rejected.

 

He wants to apply for a shorter visit, one for 3 months. Is it probably going to be rejected again, or if he gets a police report would it help? It was one arrest and he is a hard worker and good person. He lives in Italy, and I don't know if they are really strict there. 

 

Any advice is appreciated. 

1.  I don't see how his getting a police report would have any bearing on his chance of success.

2.  If he received a visa, the authorized length of stay would be determined by the CBP officer at the border when he enters the US.

[Boiler 43,619]

Italians usually use the VWP, he is a hard worker but can take 3 months holiday?

[jle2234 68]

It depends a bit on the applicant's specific criminal record. Crimes that were 1) not serious or violent, and 2) occurred several years ago, are more likely likely to be granted leniency when applying for a visa.

 

In some countries (not sure about Italy), first-time offenders can petition to have their record expunged after a certain amount of time passes without subsequent arrests. I had a friend have his U.S. travel ban lifted this way.

[LandT222 0]

1 minute ago, jle2234 said:

It depends a bit on the applicant's specific criminal record. Crimes that were 1) not serious or violent, and 2) occurred several years ago, are more likely likely to be granted leniency when applying for a visa.

 

In some countries (not sure about Italy), first-time offenders can petition to have their record expunged after a certain amount of time passes without subsequent arrests. I had a friend have his U.S. travel ban lifted this way.

Thank you for the helpful message, I will talk with him to see if he can try to get it expunged. Do you think there's anything he can do to help with getting permission to visit? 

[Boiler 43,619]

Having something expunged will make no difference as far as the US in concerned and sounds like it is something sufficiently serious to preclude VWP use.

[AM268 23]

1. Is your Mom living in Italy with him or did she migrate to the USA and now he wants to visit her?

 

2. What evidence of strong ties did he have to his home country that would suggest he will not stay in the USA once he gets there? 

 

3. How long ago did he get the refusal? 

 

 

[jle2234 68]

Just now, LandT222 said:

Thank you for the helpful message, I will talk with him to see if he can try to get it expunged. Do you think there's anything he can do to help with getting permission to visit? 

It's honestly difficult to say without knowing the nature of his crime, which I understand you may not want to share. You can look up a 212(d)(3) waiver, which I believe is the correct waiver for those deemed inadmissible to the U.S. and see if your mother's husband might qualify for such a waiver.

[SusieQQQ 11,584]

5 minutes ago, Boiler said:

Having something expunged will make no difference as far as the US in concerned and sounds like it is something sufficiently serious to preclude VWP use.

I think this is an “it depends” situation - in some countries records are expunged because the crime was not that serious and/or the person was young - similar circumstances to those in which the embassy might show some leniency. I know of one person this indeed happened to, a shoplifting charge when he was 16 or 17 - applied in his late 30s, mentioned both the charge and the expunged record, and got a 10-year multiple entry visa no problem. Of course, a serous crime of moral turpitude would be a different situation. 

Edited January 7, 2018 by SusieQQQ

[Boiler 43,619]

3 minutes ago, SusieQQQ said:

I think this is an “it depends” situation - in some countries records are expunged because the crime was not that serious and/or the person was young - similar circumstances to those in which the embassy might show some leniency. I know of one person this indeed happened to, a shoplifting charge when he was 16 or 17 - applied in his late 30s, mentioned both the charge and the expunged record, and got a 10-year multiple entry visa no problem. Of course, a serous crime of moral turpitude would be a different situation. 

This is serious enough to not be VWP eligible.

 

Just because you have a criminal history  does not mean that you can not get a US Visa, you might also need a waiver.

Edited January 7, 2018 by Boiler

[LandT222 0]

36 minutes ago, jle2234 said:

It's honestly difficult to say without knowing the nature of his crime, which I understand you may not want to share. You can look up a 212(d)(3) waiver, which I believe is the correct waiver for those deemed inadmissible to the U.S. and see if your mother's husband might qualify for such a waiver.

He said it was theft but didn't elaborate very much probably due to embarrassment with me. I know he needs to explain more which is why I thought maybe a report would help. I've read a little bit about the 212(d)(3) waiver, but I think he might be wanting to try the visa waiver program first. I'm just not sure if the US embassy is going to be helpful to him getting permission.

 

 

[payxibka 10,044]

7 minutes ago, LandT222 said:

He said it was theft but didn't elaborate very much probably due to embarrassment with me. I know he needs to explain more which is why I thought maybe a report would help. I've read a little bit about the 212(d)(3) waiver, but I think he might be wanting to try the visa waiver program first. I'm just not sure if the US embassy is going to be helpful to him getting permission.

 

 

A B2 visa denial automatically causes the individual to no longer be eligible for VWP

[Unlockable 7,306]

1 hour ago, LandT222 said:

Thank you for the helpful message, I will talk with him to see if he can try to get it expunged. Do you think there's anything he can do to help with getting permission to visit? 

Having it expunged is not going to change history. It is already done.

 

Have him reapply and be upfront and honest. That is about as much as he can do. And advice him not to assume anything (like assuming not needed to have a police report or revealing past arrests).

[Boiler 43,619]

50 minutes ago, payxibka said:

A B2 visa denial automatically causes the individual to no longer be eligible for VWP

Not so

 

But a CIMT would.