Getting an American visa for a holiday when I have a section 20 conviction

[Emmalu]

Hi hope someone can help we have booked a holiday to Disneyland and have only just realised about needing a visa my problem is I have a section 20 conviction dating back 15 years against my now ex partner the father of my choldren, for which I got a 2 year probation sentance which was subsequently discharged after 1 year for good behaviour, I have not been in trouble since and have held down jobs for the local council in schools and nurseries and for the past 7 years in an nhs children's home.
I am now incredibly worried about letting my 4 children down and wondered if anyone had any information that might put my mind at ease before I apply in person for a visa?

[SeaJayPea]

It depends on whether your offence is one of Moral Turpitude. The list is attached here. I don't know what Section 20 means, I'm afraid. It also depends on whether you are a UK citizen.

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

Assuming it isn't MT, then you don't need a visa and can fill in an on-line ESTA form, which you can get from here:

https://esta.cbp.dhs.gov/esta/

[Buenchico]

SeaJayPea:
'Section 20' = GBH.

Emmalu:
As SeaJayPea indicates, the key question is whether or not the US authorities regard your offence as constituting 'moral turpitude'. If not, given the length of time that has passed, a visa application would probably be accepted, with only a short processing time.

However if it's regarded as 'moral turpitude' then, in the first instance, the US Embassy MUST refuse to issue a visa. (It's written into the US Immigration & Nationality Act). They can then refer your request to Washington as an application for a 'waiver of permanent ineligibility'. While you might well get such a waiver, the processing time is many months. (The longest wait I've seen reported here on AB was from someone who had 2 convictions for driving without insurance. His application took 15 months to process, and was then refused).

Chris

[Emmalu]

Thanks for that both I am now in the process of gaining criminal records etc I don't think my conviction is under the moral turpitude but as I'm not 100% I am going to get all paperwork together and schedule an interview I will let you know how I get on I don't travel till oct so fingers crossed.