B1/B2 visa with train fare evasion

Hello everyone!

Last September 2023 I was due to fly to vegas but my ESTA was revoked 12 hours before the flight. Obviously they never tell you why but I believe it may have been for the following 2 reasons:
— between 2013-2019 I travelled there about 6 times to visit my parents who moved there for some years due to my dads work. They no longer live there anymore and left late 2020 but maybe as I didn’t mention them it still looked dodgy?

— I lost a passport in 2022 that would have still had an active ESTA linked to it from my last trip in 2019.

I was obviously devastated but managed to get most my money back for the holiday. However, 4 days later I received court summons for train fare evasion and was sentenced in November 2023 to 3 counts - all across the same return journey with the same rail company. I was fined.

I now have an interview for my VISA in June and I’m wondering whether I should delay it? I own my own business here and currently have a work contract at a prestigious British cultural place (don’t want to name it here) but maybe that contract would work in my favour? I’m also looking to buy a house in England and my parents are fully resettled here also caring for my grandma who isn’t well. I also have a boyfriend here so hope that counts for ties to this country, as well as the fact that I never over stayed during previous visits or made any applications to join them permanently. (I love England too much lol.) I would just really like to visit vegas and New York before I settle down with kids etc!

Any advice is so so so appreciated!!

Best,

> maybe as I didn’t mention them it still looked dodgy?

You wouldn't need to mention them on the Esta though their presence in the US might be why your Esta was revoked. Or evidence/suspicion that you were employed or seeking employment during your visits?

Your lost passport with the valid Esta might be the reason...or you/members of your close family/close friends were linked (friends, social media etc) with people considered 'dubious' or 'suspicious'...and there are numerous other potential reasons too.

> I’m wondering whether I should delay it?

That's entirely up to you though attending the interview could give you a reason why your Esta was revoked.

Fare evasion can be considered fraud, and thus potentially a CIMT. If the interviewing officer (working within US law plus internal guidelines and regulations) decides your conviction is a CIMT...and assuming everything else is ok..you will need a 'waiver of ineligibility'. Waiver processing time is up to 9 months at the moment so perhaps the sooner you have an interview the better?

Your business and contract are relevant but I don't think having a boyfriend is unless you can provide substantial evidence of a long-term settled partnership e.g. shared finances, shared mortgage or rental agreement etc etc.

If it was me I'd go to the interview. At least you'll know where you stand.

Okay, I’ll go. Thanks for your advice on this issue I really appreciate it.

All my friends boarded the flight to vegas so I personally think it was the lost passport as it actuallY mentions on the ESTA website that lost passports are a reason for becoming ineligible for an ESTA! I guess because it had a linked US visa on it that also made it worse. But hey ho!

Out of all the rail fare convictions mine is the lowest one (charged under railway act of 1888.) they do actually charge people with fraud for purposefully buying the wrong tickets but luckily I just didn’t have a ticket at all lol.

I guess I will go but my worry is that if they say no they might say reapply in 5 years ..maybe it’s better to wait until November 2024 because at least the conviction is spent then. I know it still shows on an ACRO but maybe the fact it would be spent here would help me as I could also take a DBS which would be clean?

>All my friends boarded the flight to vegas

That doesn't negate the possibility of a dubious link! I'm sure you've got other friends and plenty of social media 'friends' and acquaintances too!

>they do actually charge people with fraud for purposefully buying the wrong tickets but luckily I just didn’t have a ticket at all lol.

I didn't mean fraud under UK law. I meant fraud under US law. In order to determine whether a crime is a CIMT the interviewing officer must decide what you'd have been charged with...in exactly the same circumstances... under US law.

>maybe it’s better to wait until November 2024 because at least the conviction is spent then

That's irrelevant. The US does not regard any convictions from other jurisdictions to be 'spent', however long ago they occurred.

>The Rehabilitation of Offenders Act does not apply to US visa law and spent convictions,regardless of when they occurred will have a bearing on a traveler’s eligibility for admission into the United States.

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

> I know it still shows on an ACRO but maybe the fact it would be spent here would help me as I could also take a DBS which would be clean?

The ACRO is what matters... plus a detailed SAR if the ACRO says 'no live trace'. A DBS is irrelevant.

> I guess I will go but my worry is that if they say no they might say reapply in 5 years

Even if the interviewing officer does say that, at least you'll know! If you don't go you could apply in 3 years time and find out you had to wait for another 5 years!

Just go to the interview you've booked, get the facts and put your mind at rest.

[ Edit: Edited on 7 Apr 2024, 13:35 GMT by leics2 ]

Okay, I will go to the interview. Thanks very much for your help on this.

Can I just ask you personally whether you think there is a chance of me getting in? Dont worry if you'd rather not answer lol.

Sorry, I wasn't around earlier so couldn't reply.

>Can I just ask you personally whether you think there is a chance of me getting in?

No-one here or anywhere else can tell you whether you have a chance of a visa without knowing all the details of your circumstances past and present, all the details of your criminal record and exactly why your Esta was withdrawn (info only the embassy staff will know). Visa decisions are based on US law and all the details of each individual applicant.

If your Esta hadn't been revoked I'd have said that you stood a reasonably good chance of being granted a visa, with or without a waiver (that depends on all the details and circumstances of your offence) but without knowing what triggered the revocation it's impossible to guess. The only way to find out is to go to the interview.

Do come back and let us know what happens. It's really helpful for other people.

[ Edit: Edited on 7 Apr 2024, 19:02 GMT by leics2 ]

I promise I will. I noticed from my own research a lot of people drop off and never let us know the outcome. We can only hope they are living the vida loco in NYC or Vegas haha....but yes, I will make sure to return and let you know.

My dad says he's pretty confident it's the lost passport and there's nothing else on my ACRO apart from the train fare evasion so let's hope and pray lol.

Also, no worries about not replying sooner, I don't mind at all.

I hope all goes well. :-)

Thanks so much. Have a lovely evening and I will update in due course.