usa visa confusion.

[magicbeatle]

Help! If you have had a police caution, 2 years ago now spent, (released without charge) is a visa needed for a week holiday for New York? The American Embassy states that you have to apply for one if you have ever been arrested. However, some people have told me that unless you have been convicted and have a criminal record. It is not necessary to declare?

[tigwig]

read the other hundreds of questions about this. No you do not need a visa it is a money making scam and US immigration have no access to our criminal record database unless it is to do with terrorism/drug traffiking etc. Just fill in visa waiver form on plane and tick no to any convictions/cautions

[magicbeatle]

Thanks Tigwig, your reassurance is much appreciated!

[jno]

visas are hardly a scam, they're aiming to keep junkies and mafiosi out, but the requirements are conflicting. The website says you need one even if you never went to court, but the form you sign on the plane only asks about limited offences and, as tigwig says, they won't have your records.

[JonnoGenie]

Lie with the visa, and expect the rubbber glove treatment. The US don't do forgiveness. I am serious, **** off USBCP and you won't forget it.

Sorry you're a criminal. which bit of 'you're just not welcome' is difficult for you to understand.

[jno]

a pollice record isn't the same thing as a criminal record.

[dzug]

Legally, it depends on what you were arrested for. (The London Embassy site oversimplifies this).

The main factor is whether the crime (and just being arrested is sufficient, even if found not guilty) involves 'moral turpitude'. That is not synonymous with 'serious' - anything theft, sex or drugs related is moral turpitude for a start, but assault is not necessarily, for example. Nor are most motoring offences - not even drunk driving.

If the crime was not moral turpitude, then you can truthfully tick the no box on the form and get in.

If it was, then legally you have to apply for a visa, which you may not get.

[JonnoGenie]

really jno, I'd love to be a fly on he wall when you try and explain that one to USCBP lol.

[steandtracey]

i have a recent conviction and went dec 2007 without visa i had no problems at all