I was sentenced to 4 weeks in prison 6 years ago, could I still take a holiday to Florida

[pam1967]

Will I need a waiver?

[LCDMAN]

No, you will need a VISA. Your incarceration prohibits you from the Visa Waiver Scheme.

You must contact the US Embassy in London to determine your eligibility for a VISA, even then depending on your crime they might not issue you one, in which case you are stuffed. Be aware that the process is quite long anyway, with interviews, checks, etc. and 9-12 months is pretty standard. Hope you haven't booked anything yet.

http://london.usembassy.gov/visas.html

[dzug2]

Well you will need a waiver - but not a visa waiver. It's a waiver of ineligibility for a visa which you MAY get if you apply for one.

Your chances depend on what the crime was. If it was moral turpitude - no chance, at least for a few years yet. If it wasn't, then you should have no problem.

[Buenchico]

Just to add to the (entirely correct) posts from LCDMAN and Dzug2:

The UK's Rehabilitation of Offenders Act isn't recognised by the US authorities. (i.e. offences can NEVER become 'spent' when seeking to enter the USA).

Anyone who ever been convicted of a crime (with a few very minor exceptions) ceases to be eligible for a visa waiver. You must apply for a visa.

The first thing that the US Embassy has to consider is whether the crime was one of 'moral turpitude'. If it's not, Embassy staff MAY decide to grant a visa (although they refuse a great many applications). However if the crime involved moral turpitude, the Embassy staff MUST refuse a visa. (They have no choice. It's written into US law). At that point though, the application can then be referred to Washington as an application for a 'waiver of permanent ineligibility'. If such a waiver is granted, the Embassy can once again consider the visa application.

Even if the crime didn't involve moral turpitude (so that no referral to Washington is involved) the process is quite lengthy. (You must get hold of a copy of your 'police record' and send it, with the forms and the not-insubstantial fee to the Embassy. You then have to get an appointment to attend an interview in London, for which there's usually a wait of at least several weeks. Then you have to wait to here the outcome of your application. If it's refused, you lose your fee).

So the simplest procedure can take several months but, if a referral to Washington is involved (because of 'moral turpitude', it can take far longer. (Someone posted here to say that her husband waited 15 months, only to have his application refused through two counts of driving without insurance).

The definition of moral turpitude is very broad. For example, ANY theft (e.g. nicking a single sweet from the pick-&-mix counter) constitutes moral turpitude. The official definition of moral turpitude is contained within this document:
http://www.state.gov/...rganization/86942.pdf

Chris

[Buenchico]

here? hear!!
(My spelling seems to be lousy today!)

[funnygirl]

I didn't know what moral turpitude was!! So I looked it up and these are the crimes!
assault, second degree or third degree
assault with intent to rob or kill
assault with a deadly weapon
assault on a law enforcement officer
failure to stop and render aid after being involved in an auto accident
battery, aggravated
carrying a concealed weapon with intent to use
child abuse
child pornography
communicating with a minor for immoral purposes
spouse abuse
aggravated stalking
willful infliction of corporal injury on spouse, parent, or perpetrator’s child
disorderly conduct (in certain limited circumstances)
loitering for lewd purposes
soliciting
driving under the influence (aggravated), which includes drunk driving with knowledge that driver is without a valid license
firearms discharge at occupied building or vehicle
kidnapping
mayhem
murder and voluntary manslaughter
manslaughter stemming from assault and battery
accessory after the fact to murder
attempted murder
reckless manslaughter
robbery
threats or terrorists threats
adultery
bigamy
lewdness
oral sex
failure to register as a sex offender
statutory rape

[jno]

you have to get a waiver if you've had oral sex? Thank goodness I never have.

[Pimpernel]

Homosexuality used to be classed as 'moral turpitude'. A good thing Oscar Wilde visited the States before he was tried and sentenced!