usa visa

[lisajane83]

Anyone been to America recently i am going tomorrow and my bloke 10 years ago got done for drink driving i know there is descretion and they mainly look for violent crimes drug realted crimes etc before they refuse entry but he has been cautioned for minor pathetic things a few times also which will show on his record. does anyone know in real terms just how strict they are in sending you home?

[dzug]

If he answers 'yes' to the crime section of the visa waiver application form that you get on the plane he will be sent home, maybe without even being asked what the crimes were.

If he lies and says 'no' it will depend on what record, if any, US Immigration have of his crimes. The UK does share criminal record data with the US but exactly what data I don't know. He'll get sent home for lying on the application form if they do have any record, and let in if they don't.

The way round this is to apply for a visa - declaring the crimes - when they will consider whether to use discretion or not. It's too late for that now though - takes several months.

[lisajane83]

yeah i thought that would be the case there are a whole load of people who say i did this and that and i got in but some that have one minor thing and get sent home. do they check everyone's record or select? i guess like you say at this late stage say no to all and hope for the best. I just have no idea if they sometimes look and say oh that's not major or if it is literally luck of the draw

[lou 26]

i answered a question similare to this the other day. I know of two or three people who have gone through U.S. immigration and nothing has been said to them. What a lot of people dont realise is that on the green waiver form nowhere does it ask you if you have a criminal record. It asks about war crimes and suchlike but thats about all, but if you read the questions closely I dont think youll be able to answer yes to any of them anyway! If I were you I wouldnt think twice about it, im sure youll be fine and if anything is said then sometimes seeming a bit unknowing about these things is always worthwhile, lol. Like I said I was with someone last year in the same predicament if not worse and nothing was said at all. If you read the american embassy website it states on there that you should apply for a visa even if youve been arrested and not convicted aswell as driving offences. Im sure not everyone applies for them and admits to it. Please try not to worry and have a fantastic time. Hope this helps. xx

[lisajane83]

oh thank you so much you really have eased my mind - fingers crossed will have a fab time i have never been to the US!

[lou 26]

ahh bless you lisajane, youll have a great time honestly, just dont forget your camera! xxx

[dzug]

Unfortunately it DOES ask on the visa waiver form about a criminal record, although it's carefully worded, and for a lot of things you could truthfully say no..

Sample form here - see question B

http://www.orlando-guide.info/forums/topic_14753.asp

No I don't know what moral turpitude is either. It probably has a very precise definition in US law.

[lou 26]

im not doubting you for a minute dzug, although me and my friend read it very carefully last year because of their situation and i didnt see it anywhere. and who says i dont know what moral turpitude is? lol

[lady_p_gold]

Make sure they tear that off your passport when you return, they forgot to do it to mine and I got into all sorts of bother when I went back four months later as they said I had to prove that I was not an 'overstayer' ... the fact that I must have gone home to be able to have come back again did not seem to be enough and I had to provide bank statements and credit card slips to show I had indeed returned to the UK when I should have.

[dzug]

Well I found a list of sorts and DUI is not moral turpitude:

http://www.gapsc.com/ProfessionalPractices/moral_turpitude.pdf

which is promising for OP

[lou 26]

thats a good list dzug. very useful. like you say they do word it very carefully. The UK has to provide the US, within an hour i think it is of the flight leaving England, with a list of who is on the flight. Im sure they are inundated and dont check every one but if they suspect you theyre already aware by the time you get there anyway it seems

[lemsford]

How did your trip to America go, did you have any problems?

[lisajane83]

It was amazing thanks for asking my partner was so scared but we got through ok!!! We were upgraded to first class had 2 bottles of Champagne so we made the most of the flight just in case we got sent home! he proposed to bless him I said Yes of course. So all in all I guest the US Visa entry isn�t so harsh as they make out afterall!