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Usa Visa's: Is There Any Chanceat All With A Criminal Conviction?
I have a conviction for "Conspiracy to utter and import counterfeit coins" from 1976 with 3 years imprisonment. Would be grateful for any informal advice about whether I would get a visa. It falls under "Moral Turpitude" but I don't know if there is any leeway - or just plain No Chance. I don't want to wait many months then get turned down when I could go somewhere else this year. I know the usual advice is apply and see but does anyone know that I'd wasting my time? Thank you all. David.
Answers
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In the first instance the US Embassy would have to refuse your application for a visa. They have no discretion whatsoever as the US Immigration and Nationality Act places an automatic lifetime ban on anyone who's been convicted of a crime of moral turpitude from entering the USA. However (as Dzug2 indicates) you then have the right to request that your...
20:49 Mon 29th Feb 2016
In the first instance the US Embassy would have to refuse your application for a visa. They have no discretion whatsoever as the US Immigration and Nationality Act places an automatic lifetime ban on anyone who's been convicted of a crime of moral turpitude from entering the USA.
However (as Dzug2 indicates) you then have the right to request that your application be referred to Washington, to see if you can be granted a "waiver of permanent ineligibility". The minimum additional processing time (on top of the wait to get hold of a copy of your police certificate, the further wait for an appointment and the initial processing time) is nominally 60 days but, in practice, the whole procedure usually takes well over 6 months. (One ABer posted here to say that her husband waited 14 months, from initially submitting his visa application, to find out whether he could be granted a 'waiver of ineligibility', only to be turned down because of two offences of driving without insurance).
Given that it would be foolhardy to book flights and accommodation without knowing whether you'd be granted a visa (and that, to get the best prices, you'd probably want to make such bookings several months before you travel), it's almost certainly too late to consider any travel plans to the USA for 2016 and (if, say, you weren't granted a visa until May of next year) already too late to be able to get any travel bargains for the summer of 2017.
Look elsewhere!
However (as Dzug2 indicates) you then have the right to request that your application be referred to Washington, to see if you can be granted a "waiver of permanent ineligibility". The minimum additional processing time (on top of the wait to get hold of a copy of your police certificate, the further wait for an appointment and the initial processing time) is nominally 60 days but, in practice, the whole procedure usually takes well over 6 months. (One ABer posted here to say that her husband waited 14 months, from initially submitting his visa application, to find out whether he could be granted a 'waiver of ineligibility', only to be turned down because of two offences of driving without insurance).
Given that it would be foolhardy to book flights and accommodation without knowing whether you'd be granted a visa (and that, to get the best prices, you'd probably want to make such bookings several months before you travel), it's almost certainly too late to consider any travel plans to the USA for 2016 and (if, say, you weren't granted a visa until May of next year) already too late to be able to get any travel bargains for the summer of 2017.
Look elsewhere!
SandyRoe - yes I was wondering whether to just not mention it, as I believe the immigration don't have access to the UK's records (and there were no computers in 1976 but I'm sure records were manually uploaded). The wording of the conviction sounds very serious when it was selling and importing COPIES of antique coins and selling AS COPIES! (Still, coin of the realm etc. so not legal.) Also to Baldric - sorry I couldn't remember if it was '74 or '76.
I am guessing from your mention of moral turpitude that you are referring to a US visa.
Are you thinking about a US visa because you are going to be spending more than 90 days there, or because you don't think you will be allowed in on an ESTA? My answer below is based on the assumption that you are just wanting to visit the US as a tourist or for a short business trip under 90 days.
Firstly, the term "moral turpitude" has now been removed from the ESTA form. It now asks a vaguer question about whether you have been arrested/convicted for "a crime that resulted in serious damage to property, or serious harm to another person or government authority". It is up to you whether you think you can say no truthfully.
Have you been to the US before? Either with a visa or on an ESTA? If you have been before and disclosed your conviction then you will need a visa, but if you haven't been before they have no way of knowing about it.
The US has no access to the UK Police National Computer (PNC). The only way they can access your information is by an individual, real-time request on a case-by-case basis, and they require reasonable suspicion to be able to ask the UK for this information. They cannot ask the UK for your information simply as part of a random check. I.e. if you have never been to the US, or if you have been there before on an ESTA and ticked "no" to all the questions, you will be absolutely fine.
Seriously, just use an ESTA and tick "no" to the question about criminal convictions.
Look online and you will find hundreds of anecdotes from people with very serious criminal records who have ticked "no" on an ESTA and got in no problem.
They are not interested in people who copied coins 40 years ago - they are interested in terrorists, drug dealers and paedophiles.
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If you actually do have to apply to a visa (if you're moving there or staying more than 90 days in a year), then of course you will have to disclose your conviction in the visa application as you will most likely need to produce a police certificate. You will have to make an appointment at a US embassy and have an interview with them, where the conviction will come up. Seriously, your conviction is so left-field and old that I can't see them caring much about it. Anyone who has a violent, sexual or drug conviction need not bother applying for a visa as it will be arbitrarily rejected, but this conviction is so odd that they might not even have heard of it. Also, the fact that is't been 40 years since the conviction and you (presumably?) haven't had any brushes with the law since, are a big advantage for you.
Are you thinking about a US visa because you are going to be spending more than 90 days there, or because you don't think you will be allowed in on an ESTA? My answer below is based on the assumption that you are just wanting to visit the US as a tourist or for a short business trip under 90 days.
Firstly, the term "moral turpitude" has now been removed from the ESTA form. It now asks a vaguer question about whether you have been arrested/convicted for "a crime that resulted in serious damage to property, or serious harm to another person or government authority". It is up to you whether you think you can say no truthfully.
Have you been to the US before? Either with a visa or on an ESTA? If you have been before and disclosed your conviction then you will need a visa, but if you haven't been before they have no way of knowing about it.
The US has no access to the UK Police National Computer (PNC). The only way they can access your information is by an individual, real-time request on a case-by-case basis, and they require reasonable suspicion to be able to ask the UK for this information. They cannot ask the UK for your information simply as part of a random check. I.e. if you have never been to the US, or if you have been there before on an ESTA and ticked "no" to all the questions, you will be absolutely fine.
Seriously, just use an ESTA and tick "no" to the question about criminal convictions.
Look online and you will find hundreds of anecdotes from people with very serious criminal records who have ticked "no" on an ESTA and got in no problem.
They are not interested in people who copied coins 40 years ago - they are interested in terrorists, drug dealers and paedophiles.
---
If you actually do have to apply to a visa (if you're moving there or staying more than 90 days in a year), then of course you will have to disclose your conviction in the visa application as you will most likely need to produce a police certificate. You will have to make an appointment at a US embassy and have an interview with them, where the conviction will come up. Seriously, your conviction is so left-field and old that I can't see them caring much about it. Anyone who has a violent, sexual or drug conviction need not bother applying for a visa as it will be arbitrarily rejected, but this conviction is so odd that they might not even have heard of it. Also, the fact that is't been 40 years since the conviction and you (presumably?) haven't had any brushes with the law since, are a big advantage for you.
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