Travelling to the US with a Criminal Record

[LCl4rky]

There are 6 of us wanting to go to Orlando in Dec 2010, But my partner and friend both have Criminal Records, 1 for TWOC of a vehicle and theft 20yrs ago which he did a month in prison for, and my friend did ABH 22yrs ago but she never went to prison.
As we will be spending thousands of pounds, we want to do it all by the book so we dont get refused on arrival. Iv tried to do some research but i'm so confused as to who has to apply for the Visa and who applies for the VWP....
Please could someone tell me the whole procedure for my partner and friend with the Criminal Records! Thank You!

[dzug2]

To play by the book both those with criminal records should apply to the US Embassy for a visa. Given the length of time since the offences there should be no problems getting one, but allow plenty of time. (ie start NOW)

The ABH one may not strictly need a visa, but whether assault constitutes a crime of moral turpitude can be a complex matter.

And 'prison' and 'criminal record' are not synonymous - you can have a criminal record sufficient to debar you from visiting the US without a visa without ever seeing the inside of a prison.

[LCl4rky]

Thanks for your response. So if my partner and friend both get accepted for a visa does this definately 100% guarantee them access to the country? Or are there other things that we need to do?
As much information as possible is needed. Thanks again!

[dzug2]

It 100% gurantees they won't be turned away because of their criminal records.

They can still be turned away - the most common reason is that the immigration officer thinks they will work or attempt to stay longer than the permitted period or don't have enough cash to support themselves. Highly unlikely on holiday - but there is never a 100% guarantee.

[Craigy6]

Hi i'm in the same situation kind of.
I have met a girl from Florida and we are in love
i plan to move out there so we can get married,but i have a criminal record
never been to prison though and my charges are assault happened 4 years ago
i beat up a guy who my ex-wife was seeing who had touched my kids
and another assault from 13 years ago this was a fight in the street
one on one,i was also cautioned for petty theft in my teens im 38 btw
i served 2 years probation for the first assault and 120 hours community service
for the second one.

Am i screwed? as me and my partner cant bear to be apart any longer
the stress is killing us and we wish to also have a child together.

[dzug2]

You've got bigger problems than your criminal record - getting a visa to live in the US is pretty hard in the first place.

You might want to start by reading:

http://travel.state.g...types/types_1315.html

Your record MAY not be a problem - it depends whether they view the recent assault in particular as moral turpitude or not. The sentence is by and large irrelevant - it's WHAT you did and your intentioins that count, not what happened to you afterwards.

The 20 year old stuff won't matter - it would if it were more recent

[Buenchico]

(2-part post):

LCI4rky:
You've asked for the whole procedure. Here goes:

First you'll need to get your police certificates from the Association of Chief Police Officers:
http://www.acpo.police.uk/certificates.asp

While you're waiting for those you can book your interviews with the US Embassy: (The certificates take up to a fortnight. The current waiting time for interviews is 15 days):
http://london.usembas...tact_information.html
You should also complete the online form, DS-160, and check that you have all of the relevant documents and photographs ready for your interview:
http://london.usembassy.gov/b2.html

The processing time for visa applications is currently 4 days. Where a person has not been convicted of a crime of 'moral turpitude', the US Embassy staff have discretionary powers to issue a visa. ABH is not normally considered a crime of moral turpitude, so given the length of time which has passed, it's likely that your friend with an ABH conviction will be given a visa at that stage.

[Buenchico]

However all types of theft constitute moral turpitude. The US Immigration & Nationality Act bars anyone who has been convicted of such an offence (unless they were under 18 at the time and the conviction was more than 5 years ago) from entering the USA.
http://tinyurl.com/3afsm8g

So the Embassy staff will have no choice other than to refuse a visa to your other friend. However the application can then be forwarded to Washington as an application for a 'waiver of ineligibility'. While, given the length of time that has elapsed, it's probably likely that such a waiver would be issued, it won't come in time for travel in December. The MINIMUM processing time (as quoted on the US Embassy website) is 16 WEEKS. (There have been posts, here on AB, from people who've had to wait well over a year, only to get their application rejected).

Chris

[LCl4rky]

Chris,
Sorry slightly confused now, my partner was 17 when he went to prison for a month for theft.
Does this mean it will probably be ok?!

[Craigy6]

Thanks for your help and advice especially he links i'm clear on what to do now.

Spoke with my Lawyer today and he said i should be ok regarding my record and if we are to marry and i'm still not allowed in the country then we can appeal against the desicion on the grounds of hardship and stress suffered of being kept apart.

My girlfriend also works for a law company in the states and we would be able to get help from them also.

[LCl4rky]

Also Chris, not only was he 17 when he was convicted but it was 20yrs ago!
Sorry to bombard you!

[Buenchico]

I've just checked the small print, LCI4rky.

As I read your post your friend was convicted of TWO 'moral turpitude' offences (TWOC and theft). If so, the 'under 18' exemption does not apply. (It only applies if a person was convicted of just ONE offence as a minor). It's in Section N8 of this official document(across pages 22 & 23):
http://www.state.gov/...rganization/86942.pdf

That means that he's automatically barred from entry to the USA, so his application will need to be forwarded to Washington, with a delay of several months.

Chris

(PS: My post assumes that the US authorities will count 'TWOC' as synonymous with theft, since there's no directly comparable charge in US law).

[LCl4rky]

Right the ACPO forms sre being sent off today, then book the interview then do the DS-160 form, Do we take the DS-160 form to London for the interview?