Travel To Usa

[Totster]

A friend is travelling to the USA in the near future and has just realised he will need to get a visa due to a criminal conviction for a minor offence over 25yrs ago

The problem is that there are no appointments at the London Embassy until after the departure date, obviously this is a big worry and may have to cancel if something cannot be done.

Anyone have any experience with this problem..?

totster

[Totster]

C'mon... someone must know something...!

totster

[Axel]

Difficult to answer, Totster, without knowing the details.

But 25 years ago? Is it registered in the USA? Is your friend holding a passport under which he usually would not need a visa?

But have a look here:

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

[britmaveric]

What he do?

[grahamb]

I know someone who was trying to get a work visa for the US and had difficulties because of an incident in a mis-spent youth that got him a criminal record. Not sure how long ago it was but probably around 25 yrs. I don't think he ever had problems going to the US as a visitor but then again, I don't think he declared it because he didn't think it was that big an issue. I don't know what he did but think it fell in the category of "childish prank" rather than "serious crime".

In the end, he stopped the visa application for other reasons so never found out if it would have been a show-stopper.

As your friend would be interviewed in London, I assume he as a UK passport. If that is machine readable, it's eligible for the visa waiver scheme. In theory, his conviction could be linked but as Axel says - why would the crime be registered in the US?

Of course, don't believe everything you read on an internet forum - I'm taking no liabilty if I'm wrong here!

[lomatopo]

why would the crime be registered in the US?

It's pretty easy to exchange information on a real-time basis these days, and given the heightened sense of security along with a current focus on illegal immigration, it is probably best to assume a worst-case scenario. The friend should attempt to advance the intereview, making sure that they have all the documentation required, or failing that, postpone the trip until a visa can be obtained. This assumes that the friend is a UK citizen and was convicted of a crime in the UK. If the trip were family or business related it might be easier to justify a "rush request" rather than if it were leisure/vacation.

[Prakanong2005]

A friend is travelling to the USA in the near future and has just realised he will need to get a visa due to a criminal conviction for a minor offence over 25yrs ago

The problem is that there are no appointments at the London Embassy until after the departure date, obviously this is a big worry and may have to cancel if something cannot be done.

Anyone have any experience with this problem..?

totster

Totster - are you sure about this and is it a recent change?

I think it depends on the sentence given ie number of years inside or type of crime ie drugs but outside that for minor offences you just fill in the form as no record.

I know the UK does swap info but I do not think its absolutely everything if I remember correctly what my best pal told me (He is a Brit Diplomat currently in the USa about to be a Deputy Ambassador elsewhere).

Anyway I know a few lads from my hometown who were not so clean in their early 20's and served time up to 6 months etc and they all get into the USA with only the form filled on the plane stating no record.

This was 10 years after and ever since.

[roamer]

The situation is completely straight forward. It matters not a jot what the conviction was for, how long ago it was;

"mportant: 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."

Note that it is sufficient to have been arrested let alone convicted. your friend is not therefore eligble for the visa waiver program. If he goes ahead and attempts entry he may well enter without further checks. However they do carry out checks, ramdom or based on a hunch....whatever. I recall a story in a UK newspaper not long ago of someone who fell foul of this who was shackled and deported and prevented from attending his sons wedding. His son never even knew that he had a criminal conviction, it had taken place prior to his sons birth! And it was for the heinious crime of being drunk and disorderly. The chap in question had forgotten it completely.

The offence was in not declaring it and trying to travel under the VWP, had he sought clearance there would have been no question of a refusal on that conviction.

So it comes down to taking a chance. Worth noting that when your aware that your covering up for something your probably also giving off all the signals that the Homeland Security and INS staff are looking for and invite further checks.

Make no mistake, if its uncovered your homebound even if it was for picking flowers in a park.

[Prakanong2005]

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

Here is the exact quote referring to Criminal Convictions

" (2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

( Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible."

[roamer]

http://www.travel.state.gov/visa/frvi/inel...ities_1364.html

Here is the exact quote referring to Criminal Convictions

" (2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

( Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible."

Your putting the cart before the horse with the above. That deals with the eligibility or otherwise of an individual to be granted a visa. It has zero to do with the requirement that you are required to declare any arrests or convictions.

[Prakanong2005]

Yup - I see what you mean.

I do know the UK and US swap info so I wonder how many get in with convictions as it would pop up against the name would it not?

I really have no clue.

[elGrande]

A friend is travelling to the USA in the near future and has just realised he will need to get a visa due to a criminal conviction for a minor offence over 25yrs ago

The problem is that there are no appointments at the London Embassy until after the departure date, obviously this is a big worry and may have to cancel if something cannot be done.

Anyone have any experience with this problem..?

totster

IMO you will not have any more trouble entering The US than any other country unless the crime was commited in The states.

No way US has records of run of the mill crimes from other countries, they are to disorganized for that. The info would have to be put in the travel record by the home country.

Freedom for criminals is what The States is all about.

[kayo]

Yeah, I wouldn´t even bring it up.. Just go there and get your visa on entry.

What did you do Tot´s?

[sbk]

kayo, didn't you see? Its not Totster but a friend

[roamer]

For what its worth I would personally take the chance. This is solely down to the math involved, if the US were able to instantly check on convictions or arrests then the amount of people being refused entry under the VWP would go a long way to filling up a jumbo of returnees every day. have to say I wonder how long this situation will last, already fingerprint scanning is mandatory, biometric passports on way. In fact its only due to the inability of the UK to produce biometric paasports eariler this year that the US demand for them was put on hold. I think there is little doubt that within the very near future the swapping of data will be instantaneous. Maybe now is a good time to go

[chuchok]

Do you really think that the USA computers talk to their UK conterparts about Sidney getting in a fight with an Arsenal supporter etc etc.Give me a break.Admit nothing.

They have no idea.

[lomatopo]

For every international flight bound for the U.S.A. the operating carrier is required to transmit a passeneger list to the Department of Homeland Security in the U.S.A. within 15 minutes of the flight taking off. All that is really known is that this is bounced against a "no-fly" list, and on a few rare occasions the flight is diverted, say to Nova Scotia (Canada) for flights originating in Europe. On other occasions DHS/INS/Border Protection, or whatever they're calling themselves today, will meet the plane at the jetway. I've been on a couple of these. You have to show your passport just to get off the plane. I was under the impression they were looking to snag someone before they could get off the plane.

Many may be aware that there is a bit of a crisis re: illegal immigrants (estimated to be 11 million illegal, with another 3 million children born in the U.S. who are legally citizens) currently in the U.S. One point on which almost everyone agrees is that the borders need to much more closely monitored. (Estimates are that 30% of illagals come in international flights and have overstayed official or waived visas.)

While I suspect the OP's friend could enter the U.S.A. (assuming they have a machine-readable passport) without a problem, there is always the risk of being denied entry and having to return to the U.K. Here on TV we are always advised to stick to the letter of the law with regards to visas and overstays in Thailand. Maybe that advice is best extended to all locales?

I'd also add two more things.

The OP's friend, as should everyone, must be very, very careful during any interview with U.S. Immigration personnel. Getting caught up in a prevarication will surely lead to potential incarceration and deportation, rather than just getting held in transit and dumped back on the next plane (the airline that transported you is responsible for taking you back). So be prepared to answer the following question; "Have you ever been convicted of a crime?"

Take a look at question B., which may or may not be applicable to the OP's friend, on the back of the I-94W form, which the OP's friend will have to complete for entry into the U.S.

[Totster]

Thanks all for the replies.

Just thought I'd follow up on whats happened.

As someone pointed out earlier in the topic, anyone who has been convicted of a criminal offence is not entitled to the normal visa waiver on entering the US, and must obtain a visa in advance. This is applies to any criminal offence, even a minor one which only resulted in a fine and happened 28yrs ago!

My friend has now cancelled his trip to the US after a visit to the Dublin Embassy where they processed the application and said the visa would take 30 days to process !!

The general thought from others has been to just go and not declare, however, I can't imagine there would be anything worse than paying for a holiday and being refused entry because the proper procedure hasn't been followed, with this in mind it was probably best to cancel and rebook for later in the year when the visa is in place.

The other thought from others in the travel industry is that this whole thing is a money making scam by the US Government, which of course makes sense.... why they want to make it so hard for holidaymakes to get into that place I don't know.. but they seem to have managed to turn what they call a security issue into a very lucrative money making scheme.. and money is all that matters to some people..

Yeah, I wouldn´t even bring it up.. Just go there and get your visa on entry.

What did you do Tot´s?

kayo, didn't you see? Its not Totster but a friend

Believe me you two.. I have absolutely NO desire whatsoever to go to the US, let alone have the time to go..

totster

[oopapasan]

C'mon... someone must know something...!

totster

I have a Canadian friend that has a chickens**t arrest over 25 yrs ago and still can't enter the U.S.

[JimGant]

this whole thing is a money making scam by the US Government, which of course makes sense.... why they want to make it so hard for holidaymakes to get into that place I don't know.. but they seem to have managed to turn what they call a security issue into a very lucrative money making scheme.. and money is all that matters to some people..

Actually, we have enough homegrown hoodlums without the need to import them. Fortunately, when Britain found it necessary to export its criminals a few centuries ago, we had already said adieu to the Crown (but sorry OZ).

By the way, we've seen what British "holidaymakes" can do at a soccer game. No thanks.