You Lucky Peeps Up There........
ChatterBank1 min ago
getting entry to the usa with a conviction
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i have a conviction for being caught in posession of about 3grams of cocaine and was fined £100 for it,can or will it prevent me going to las vegas for a weeks holiday?
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It CAN prevent you going to Las Vegas - whether it will is a bit more questionable.
If you apply for an ESTA and answer the question about crimes of moral turpitude/involving controlled substances truthfully you will be refused the ESTA and told to apply for a visa.
If you lie about the conviction you will probably get your ESTA - it doesn't AFAIK do any in-depth checks, just that the answers are 'acceptable' and that your passport is not on the stolen list. When you get to the US they will scan your passport and check you against a list, supplied by the UK government, of known criminals, etc. How serious your crime has to be to get you on that list - pass. If you are on that list they will question you and almost certainly refuse you entry. You will be kept, shackled, until you can be flown home. If you are not on that list they'' let you in.
So to avoid that risk you apply for a visa. Bad luck - you are ineligible for one because of your crime. That's not necessarily the end of the road - they may decide to apply for a 'waiver of ineligibility' on your behalf. The longer ago this happened (and particularly if you were a juvenile at the time) the more likely you are to get that visa.
If you apply for an ESTA and answer the question about crimes of moral turpitude/involving controlled substances truthfully you will be refused the ESTA and told to apply for a visa.
If you lie about the conviction you will probably get your ESTA - it doesn't AFAIK do any in-depth checks, just that the answers are 'acceptable' and that your passport is not on the stolen list. When you get to the US they will scan your passport and check you against a list, supplied by the UK government, of known criminals, etc. How serious your crime has to be to get you on that list - pass. If you are on that list they will question you and almost certainly refuse you entry. You will be kept, shackled, until you can be flown home. If you are not on that list they'' let you in.
So to avoid that risk you apply for a visa. Bad luck - you are ineligible for one because of your crime. That's not necessarily the end of the road - they may decide to apply for a 'waiver of ineligibility' on your behalf. The longer ago this happened (and particularly if you were a juvenile at the time) the more likely you are to get that visa.
As Dzug2 states, you could 'chance it' and apply for an ESTA. (According to the rules on the US Embassy's website, you ceased to be eligible for visa-free entry to the USA at the moment when you were arrested. It wouldn't have even mattered if you were totally innocent). The US authorities don't have direct access to UK criminal records, so you might be able to get into the USA by simply keeping quiet about your conviction. However certain information is passed on by the UK authorities, and the US immigration service might still get to know about your conviction.
One possible route for information indirectly finding out about convictions is that UKBA officials, at your departure airport, might note that your passport is 'flagged' on their system as being held by someone convicted of possession of Class A drugs. They might then check whether you've got the necessary visa. If you've not, they might either advise the airline (who could be heavily fined by the US authorities if they permitted you to travel without the correct documentation) or the US immigration service.
If you decide to go 'by the book', and apply for a visa, you need to be aware that the US Immigration & Nationality Act automatically bars you from entering the USA. So, in the first instance, the US Embassy would have to reject your application. However it could then be referred to Washington, as an application for a 'waiver of permanent ineligibility'. The whole process takes a minimum of 5 months, with longer waits frequently being reported here on AB. (The longest wait I've seen was one of 15 months, for someone who'd been convicted twice for driving without insurance. He had to wait 15 months before hearing that his application for a visa had been refused).
Chris
One possible route for information indirectly finding out about convictions is that UKBA officials, at your departure airport, might note that your passport is 'flagged' on their system as being held by someone convicted of possession of Class A drugs. They might then check whether you've got the necessary visa. If you've not, they might either advise the airline (who could be heavily fined by the US authorities if they permitted you to travel without the correct documentation) or the US immigration service.
If you decide to go 'by the book', and apply for a visa, you need to be aware that the US Immigration & Nationality Act automatically bars you from entering the USA. So, in the first instance, the US Embassy would have to reject your application. However it could then be referred to Washington, as an application for a 'waiver of permanent ineligibility'. The whole process takes a minimum of 5 months, with longer waits frequently being reported here on AB. (The longest wait I've seen was one of 15 months, for someone who'd been convicted twice for driving without insurance. He had to wait 15 months before hearing that his application for a visa had been refused).
Chris
Unfortunately 'major' is not a decisive factor here - 'moral turpitude' is.
I'd say Chris' estimates of the time taken to get a visa (if successful) are on the pessimistic side. 2 to 3 months (from the interview - which will be with a specialist officer, not a standard one, and has to be booked with a longer wait time than a standard one) might be possible if they take the view 'not that serious and a long time ago' (if it was a long time ago). But it can certainly take longer.
I'm sure people lie and get away with it. Equally they lie and get caught. No idea on the statistics, so I'm not going to offer 'advice'.
Two points - if you lie and get caught you will be unable to visit the US for 10 maybe 15 years. If you are refused a visa you can apply again - and they may offer advice on when it's worth reapplying. And you can appeal (about a visa - not about a visa waiver) though I believe it's an expensive process
I'd say Chris' estimates of the time taken to get a visa (if successful) are on the pessimistic side. 2 to 3 months (from the interview - which will be with a specialist officer, not a standard one, and has to be booked with a longer wait time than a standard one) might be possible if they take the view 'not that serious and a long time ago' (if it was a long time ago). But it can certainly take longer.
I'm sure people lie and get away with it. Equally they lie and get caught. No idea on the statistics, so I'm not going to offer 'advice'.
Two points - if you lie and get caught you will be unable to visit the US for 10 maybe 15 years. If you are refused a visa you can apply again - and they may offer advice on when it's worth reapplying. And you can appeal (about a visa - not about a visa waiver) though I believe it's an expensive process
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