Best Immigration Lawyer
Q.I am desparate for any help and advice regarding the tourist visa to the USA. My family are due to go on a holiday to Florida on the 16th of this month but my husband has been declined a visa. He had a arrest and fine 14 years ago and the consulate officer seemed fine with this, however he then questioned as to whether my husband declared his criminal record on the waiver form on our last holiday to Florida in 2004. My husband is sure he did, but the officer disagreed saying he would have been stopped in Immigration. Trouble is no one went through Immigration that night as we flew into Hurricain Charlie!! All staff packed up and left and we stayed an uncomfortable night on the airport floor! It has taken 4 weeks for the Embassy to decided that my husband did not declare his past record and has denied him access under false misrepresentation on entering the USA. Our local MP has written to the Embassy on our behalf but so far has had no reply and we are now desparate with only 10 days till our holiday, my children are gutted that their Dad may not be coming and I am terrified of the prospect of holidaying without him (The holiday cost £6000 and took 3 years to pay for). Unfortunately for us time is running out but I am really hoping that someone, somewhere may have had a similar expirince and can offer us advice or suggest an avenue we havent tried yet.........?
A.Was the arrest for a CIMT? If so, you have a problem. If not, I don't think it even has to be declared on the VWP form. Why did he apply for a visa in the first place if he was previously able to use the VWP? I think you probably need to consult a UK-based immigration lawyer specialising in US immigration. "His arrest was for crime of moral turpitude. In 2004 he didnt need a Visa, we applied as our travel firm advised us to if he had any conviction or arrest." No, that's essentially your problem - in 2004 he DID need a visa but he didn't apply for one. He wasn't entitled to use the Visa Waiver at that time, and doing so has put him into a bigger mess than the original conviction. He should have been refused entry on the Visa Waiver (or at the very least his declaration of the crime on the Visa Waiver application should have been recorded) but equally he shouldn't even have attempted to enter on the Visa Waiver. Not getting properly inspected got you into the USA then, but has caused you lots of trouble now. I don't think you'll be able to get round this, certainly not in time for a holiday in 10 days. As has been recommended, a good USA immigration lawyer is your best hope, but I'll be surprised if he can help much, and amazed if he can get your husband a visa by the 16th.
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