travelling to usa

[dawn36]

please help my brother had a conviction 15 years ago went to court paid the fine, this was for car tax fraud does he need to apply for a visa or can he go to usa on waiver. many thanks

[Buenchico]

The answer to your question depends upon whether your brother wants to do things 'by the book'.

Anyone who has ever been arrested (even if totally innocent) or convicted of an offence (except for minor motoring matters, such as a speeding offence dealt with by a fixed penalty) is ineligible to use the Visa Waiver Program:
http://www.usembassy.org.uk/cons_new/visa/niv/ arrests_and_convictions.html

Your brother is required to apply for a visa, which is costly and time consuming. Some people seem to get a visa very quickly but others have had to wait up to 6 months before receiving a decision on their application.

In practice, most people simply 'forget' about their convictions and enter the USA (illegally) under the Visa Waiver Program. The USA has no direct access to UK criminal records, so their immigration officials won't know about your brother's conviction.

Chris

[DONNAKEBABUK]

Chris. Sorry to but into the thread here, does that rule apply for Austraila too ?

Thanks Katie x.

[dawn36]

thanks for your answer chris, he didn't have to go to the police just the court who issued him a fine which he paid he had no finger prints or photo's done for this offence so he's decided to forget about it

[Buenchico]

Dawn:
Thanks for the reply.

Donna:
Most British visitors to Oz enter with an ETA (which is effectively a visa obtained online). One of the rules for using an ETA is this:
"You must not have any criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia".

So, unlike the USA, there's no automatic bar to the simplest way of getting in, just because of an arrest or minor conviction. It's only convictions which have resulted in prison terms (totalling at least 12 months) which officially prevent visitors using an ETA.

Once again, however, the immigration authorities don't have direct access to UK criminal records, so many people probably just 'chance it' and use an ETA.

http://www.immi.gov.au/visitors/tourist/visa-o ptions.htm

Chris