criminal record

[abby293]

I brought my boyfriend a holiday to Florida USA as a suprise and we are going in five weeks. About 6 years ago he was arrested and fined for drink driving and possesion of a Class c drug. Will he be able to get into the USA with just a regular passport?
Any advice would help

[Buenchico]

He'll have to cross his fingers but he'll probably be OK.

Officially, he must obtain a visa. Since the first stage of the process (getting hold of a copy of his criminal record from the police) can take up to 7 weeks, before you even apply for an interview (2 to 3 week wait for an appointment) and wait to hear the result (14 to 16 weeks is the minimum time quoted by the US embassy website), he's got no chance of getting in legally.

The Visa Waiver Program requires him to complete a form on the plane. This asks about convictions for 'crimes of moral turpitude'. Drink driving certainly doesn't fall into this category but I'm not sure about drugs offences. Anyway, he''ll have no choice but to answer 'No' on the form or he'll automatically be turned back at the arrival airport.

The US authorities don't have direct access to UK criminal records. Some information is passed on but, for security reasons, the exact nature of such information isn't known. It's extremely unlikely that information about drink driving would be included but it's less clear about drugs offences. It would seem fairly obvious that information about drug smugglers is shared. It would also seem quite likely that information about possession of drugs 'with intent to supply' would be passed on. What isn't clear, however, is just how far down the scale of drugs offences the cut-off point is, below which information is not routinely handed over.

This type of question comes up fairly often. The consensus of opinion seems to be that your boyfriend will probably be admitted but nobody is really in a position to offer any guarantees.

Chris

[kazza12345]

i wish when all these questions were asked, th questioner would get back as to whether they got in or not!, so c'mon abby, let us know when you've gone!

[Beria]

Maybe she'll respond as soon as she gets out of the US jail

[JonnoGenie]

Agree with Buenchico, except:-

you do not need a copy of your police record to apply for a visa interview, or indeed go for your interview. I did not realise I needed a copy of my UK record (blank) until told at my interview.

I applied for my record (Oct 06 in London), it took 4 weeks; but it can take up to 40 days. The interview had a 3-4 lead-time. So if I had to go through the process again I'd order a copy of the record, wait a week or so, then book the visa interview and reschedule the latter if the record had not arrived.

If you have everything ready when you go to the embassy, even with an old/minor record they might issue your visa right there. But, if they want to make additional enquiries (back to Washington DC)... then it can take many weeks.

Maybe you could get in without saying anything on the visa waiver scheme, but do be aware that in america any drug offences are taken very seriously.

[JonnoGenie]

Correction: The interview had a 3-4 week lead-time.

But also note, if you have a record, they give you a pre-9am slot. And this might could lead to a longer than standard lead-time.

[abby293]

Thanks guys, I'm not sure how to leave a comment without posting it as an answer as I'm very new to this. i promise to let everyone know if we manage to get in. If we dont I can promise you all now I shall kill my boyfriend!! lol Abby

[munchie63]

had my interview (all 4mins of it) in October.

My pre-9am slot had a 4wk waiting list.

from joining the Q on the pavement (40 people) at 08:45, it took 2 hours.
visa arrived three days later.

it's a pain, but they are very efficient.