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[nettie24]

I am travelling to new york on wednesday and have been told if i have a criminal record i wil be sent straight back! (By a bloke in the pub who went last year and had to return immediately). I had a minor assault charge a couple of years ago. Can anyone advise.... Please

[jno]

this gets asked quite a bit and there's no guaranteed answer. In theory you have to inform them if you've been arrested (not even convicted) or anything at all. You could get a visa by going to the US embassy and telling them everything, but you might get refused and anyway there's not enough time. So you get on the plane and fill out a visa waiver form. You don't mention any previous record, and you hope the government hasn't decided to share all its penal records with Washington. In practice the USA is mostly looking out for terrorists and conceivably drunk drivers, so I would have thought it unlikely they've got any record on you, even though it's fairly recent. But I can't promise it, unfortunately. In your place I think I'd just go and keep my mouth shut and my fingers crossed (but not where they can be seen!) - good luck.

[jno]

sorry, that should have been arrested FOR anything at all

[JonnoGenie]

The previous answer is a little misleading. DUI/DWI does not bar you from entering the US on the Visa Waiver Scheme (see N2-B3, 3.6 in the below link). Believe me I know, I have done it about 20 times, and immigration have been aware of my charge (it happened in the US... so 'hard' to conceal if I wished lol!).

But many kinds of assault are regarded as a crime of Moral Turpitude ( see page 6, http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf, paragraph N2-3.3), and hence, if they applied to you, you would not be eligible to legally enter the US on the Visa Waiver Scheme. You would also have to ponder if the embassy would ever grant a visa to you, particularly as your case seems to have been recent. There is no concept of crimes being 'spent' or 'forgiven' as in UK law.

But note N2-3.3B(1), where it says 'simple assault' is not moral turpitude, i.e. you could go in on the visa waiver scheme.

You have no time to try and get a visa, it would take you around 6-8 weeks, if you were organised, (based upon my experience of getting one last November (not the average/standard application, as it was complicated by having this minor record as mentioned from the US)).

The long and short of it:-
- Very unlikely the US have any access to your UK records, given you say the crime was 'minor'
- You have no time to get a visa
- Read the FAM manual linked, and consider whether your case involved 'moral turpitude'. If not, seek to enter the US with full confidence, and in an informed way.
- If your case involved moral turpitude, and only you can decide, well then you have some decisions to make.
- If you enter on the Visa Waiver Scheme, and knowingly lie, and are found out... yes you will be deported, and you can expect to not be treated in a very pleasant way in the meanwhile.

[dzug]

Delete the comma at the end of that link and it works...

[jno]

good to know drunk driving isn't a problem, JonnoGenie; disregard that doubt in my previous post.

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

[JonnoGenie]

I expect that one day, the US will have to align their rules for the Visa Waiver Scheme (no problem with DUI/DWI and other crimes not involving 'Moral Turpitude'), with what they say on their website; (that you need a visa if you have ever been arrested for anything).

Meanwhile, if this issue is relevent to you, be informed, read the linked FAM pages, and if you can get in on the VWS, do so! I can't see they could refuse entry to anyone who is after all, telling the truth.

Cheers!

[Dee Sa]

just go but do not declare anything on the form.they do not have access to minor offences, but if you are daft enough to declare they have to follow it up.
its so minor you have forgotten all about it.
enjoy New York its great.