visa trouble

[octopussy]

I was going to america in Nov 08 i rang the american embassy this week only to be told the first interview for visa was Jan 09 .I have got a couple of convictions 20 years old what r the chances of getting in to america

[Buenchico]

This type of question seems to come up almost daily.

If you got as far providing the US embassy with your name and (probably more important) you're passport number, you might be challenged upon entering the USA, because your details might have been entered into the system as a visitor who requires a visa.

However, if you've not provided that information (and you're not on any international 'watch lists' as, say, a suspected terrorist), you'll almost certainly have no problem entering the USA (illegally) under the Visa Waiver Program. The US authorities have no direct access to the criminal records of any countries other than the USA and Canada (with whom they share a common database). As long as your convictions weren't in either of those countries, their immigration staff will be unaware of your convictions.

Over the past year, several people who've asked similar questions here have been kind enough to post again upon their return from the USA. (That included a guy with 2 convictions relating to class A drugs). They've all reported that they had no problems at immigration control.

Chris

[bobs1975]

Only you can decide and if you ask your self the following questions you might come up with an answer:

Questions about your November trip:
1. If I am refused entry what does it mean to me or any of my travelling companions.
2. What am I going to answer on the I-94W form to the question regarding "any arrests and/or convictions for crimes involving Moral Turpitude"

In regard to Q2 Buenchic suggested you might be entering illegally but the way I read this question is that the crime had to involve Moral Turpitude - look that up on the internet as its such a grey area. I'm not entirely certain that by answering "no" you would be lying to an immigration official - input required here? What are your convictions?

The second set of questions you should ask yourself is for future travel to the US. Info sharing between the UK and US is getting greater so you have no idea what they have on you now or in the future.

1. Do I intend to travel to the US for the rest of my life?
2. Do I have any work commitments in the US for the rest of my life?

Just remember if you travel this time on the VWP and apply for a visa for future trips will flag up your previous visits on the VWP. They will not like that.

Hope this helps

[LCDMAN]

I've posted this here before, but make no apologies for re-posting it!

Sorry if this is long, but it is quite detailed and your answer is in here - honest!

At the moment we (as UK citizens) are part of the "Visa Waiver Programme" (VWP) which means that most people (except those with convictions) can fill a form in for US immigration in lieu of a Visa, you will get this form on the plane.

If you have any convictions, or even if you have just been arrested and NOT convicted, you are supposed to apply for a Visa before travelling and are NOT eligible for the VWP. It is important to note that there is no concept of "spent" convictions in US law or with respect to their Visa rules. Their country - their rules I'm afraid. There is no guarantee that they will give you a Visa and you should be sure of this before booking fights etc.


The loophole (valid as of today)

On the VWP form, you answer a bunch of questions including some about convictions and are expected to be honest - there is (today) no facility for the US Immigration authorities to instantly check if you are lying - many people with minor convictions say No and take their chances of being sent straight back to the UK. The exceptions are those on the "watch list" of major criminals, terrorists etc. about whom the authorities already share information. In essence, if you nicked a Mars Bar 25 years ago then no-one will know (or care) if you say No to the question about convictions.

cont......

[LCDMAN]

Closing the loophole!

This is all about to change, firstly with the agreement to share info about convictions etc. between us and the USA Immigration authorities;

http://www.cbp.gov/xp/cgov/newsroom/...0923200 8_4.xml

In addition, the VWP all changes as of Jan 12th 2009 when US authorities will insist you notify them electronically at least 72 hours before travelling AND WAIT FOR THEIR CONFIRMATION THAT YOU MAY TRAVEL. It is a trial as present (since 1st August) and not compulsory BUT DOES become compulsory as of Jan 12th!! This is called The ESTA (Electronic System for Travel Authorisation).

It does mean that the US Immigration Authorities will have at least 72 hours to check up on you and see if you are lying about convictions etc. and means it will be much harder for anyone with a record to travel to the USA, especially those with "moral turpitude" offences that our American cousins seem to be terrified of (most things involving drink/drugs/violence come under this)!

{ http://en.wikipedia.org/wiki/Moral_turpitude }

Check with the US Embassy website for more details.

VWP info
http://www.usembassy.org.uk/cons_new/visa/niv/ vwp.html

ESTA info
https://esta.cbp.dhs.gov/esta/esta.html

Visa info;
http://www.usembassy.org.uk/cons_new/visa/niv/ b2.html

[bobs1975]

Excellent info. quick note

the wikipedia link suggests crimes involving drink are NOT "moral turpitude" offences. Drugs are a definite no no.

[NORMANTHEDOG]

my niece has been travelling back and forth to new york every month for the last two yrs,she has now been relocated to new york and has applied for all the visas required,during the process time she has travelled 5 times to new york with no probs,on the visa waiver scheme,and as for them not bliking it,

dont talk so much crap, bobs1975

[NORMANTHEDOG]

LCDMAN, i know of a person,who has convictions for theft,assault and fraud,who recently visited new york for 4 days.

he filled out the ESTA form online,because he thought he had too.
he was given permission to travel.
he filled out the visa waiver form on plane and was let in
so what a waste of time all the paperwork is.

[bobs1975]

These are great past tense stories. My advice is about future travel.

NORMANTHED - your niece clearly has no criminal past and has not been found to have lied to US immigration authorities - so of course she has no problem.

Doesn't appear ESTA form is working as designed just yet.

[bobs1975]

I can understand why travellers with a criminal skeleton would do the I-94W. The visa application is long, expensive and just a general pain.

Assuming that person had a minor criminal skeleton.

What would people in the same situation do if they thought there might be a chance of following a career in the US in the future and it required a work visa? Would they still do the I-94W for holiday travel?

[LCDMAN]

Woah there Norman. I'm not saying you should, or must, do anything, just giving them the info to make their own decision about how truthful they want to be!

I travel 6 or 8 times a year to the 'states with a colleague who was a bit of a student activist in his younger years and was arrested loads of times and convicted of breach of the peace and criminal damage at least 3 times. He has always said "no" on the VWP form and had no problems at all.

However, he is "bricking it" that under ESTA he will be found out and they will be more pi$$ed off at him having lied in the past than they will be about any convictions. The US Immigration Authorities are not people to lie to - they can bar you FOREVER!

As I said in my previous post - I doubt if they will either know about, or care, if you nicked a Mars bar 20 years ago - but a drugs/violence/fraud type offence might well be a different matter.

[bobs1975]

So LCDMAN - has your colleague abandon all hope of applying for a visa in case they ask how he's been travelling to the states all these years? Tough situation

[Dee Sa]

you could have got away with tick the box on the form but now that you have given your name to the embassy in your phone call you cant take that chance.