flying 2 florida

[dave m]

what exactly happens if you attempt to fly to florida and you have a conviction? how would the US customs know about the conviction,do they check everyone?if so what happens next if they do find of prev conviction,can you appeal ?are the US customs that on the ball?any info greatfully recieved on this matter as my work friend flys there next week

[dzug]

Depends on how serious the conviction was - they won't know of minor offences but will serious ones. What the dividing line is I've no idea. They would know because the UK government provides them with details of serious crime. They run everyone's passport through their database and see what if anything comes up against the name.

If they know of it/wheedle it out of him he will be sent straight home. There is no appeal - in applying for a visa waiver you in turn waive your right to an appeal against refusal of entry.

And please, it's immigration, not customs. Customs are interested in your luggage and nothing else.

[dave m]

it was assault,first offence,he was fined and realised,please note AB editor this person isnt me

[Ethel]

If you have even been arrested you are not entitled to travel to the US under the visa waiver scheme and must apply for a visa.

If you have been convicted you may need to apply for a 'special restricted visa'. Even those with spent convictions must apply for a visa.

If you try to enter the USA without the right documents, you will have a very rough time as an 'alien'.

When you apply for a visa, all possible checks are carried out - so the USA authorities will know your background.

Trying to sneak into America without declaring the facts or applying for the correct paperwork is a very foolish thing. With today's technology they will know.

[dave m]

just rung him,he said ther wasnt enough time for a visa application,hes gona risk it,its just a family 2 week holiday,what do you think his chances are?thx again

[dzug]

My guess (and it's only repeat only a guess) is that provided he answers NO to the question on the immigration form about crimes of moral turpitude he'll be OK.

It's arguable he wouldn't be lying as simple assault is not a crime of moral turpitude (have a read of this http://www.usdoj.gov/usao/eousa/foia_reading_r oom/usam/title9/crm01934.htm ) and not that serious a crime that the UK would share information about it.

But as Ethel says, he should have applied for a visa. Then there would be no doubt.