visa to U.SA.

[harpreet_sheera]

I was fined £20 by court in 2005. This gave me a criminal record. Since then I have been to U.S.A under the VWP but will the criminal record affect me getting a visa to U.S.A. The fine was for cancelling a ticket for £20 which the law stated I had pocketed myself.
I am a post-graduate family man who has never before been involved with the law in any way before. I regret this mistake greatly. Will I be refused a visa to U.S.A because of this

[Melissabendy]

you need to go and make an app with the american embassey before getting any visa

[bednobs]

what kind of visa do you want?

[harpreet_sheera]

will I have to declare my criminal record at the interview when I go to get a visa to the United States. How will it affect my visa if I lie, i.e do not declare my criminal conviction, if you remeber it was a court fine of £20 for theft in 2005. Is it true that if you plead guilty to a theft charge it will never be spent ? Please help, this is really getting on my mind as I need to go to the Embassy soon to apply for a B2 visa soon.

[Buenchico]

The USA does not recognise the UK's Rehabilitation of Offenders Act, so no conviction can ever become spent when applying a visa. You must declare it to the Embassy.

Theft counts as 'moral turpitude'. (The USA's laws seem rather odd to most Brits. Simply nicking a Mars bar would count as moral turpitude, making it much more serious than beating someone up, which doesn't count as moral turpitude!). Under the US Immigration and Nationality Act, anyone convicted of an offence of moral turpitude (other than when a single offence was committed by a minor) is automatically barred from entering the USA. So, in the first instance, the Embassy will have no choice other than to refuse your visa application. However it can then be passed to Washington as an application for a 'waiver of permanent ineligibility'. The process takes several months. (The longest wait I've seen reported here was from someone who waited 15 months before being told that his visa application was rejected. He had two convictions for driving without insurance).

So it's unlikely that you'd get a visa for travel this summer. You might get one for travel later in the year but you could still be waiting at Christmas.

Since your visa application will involve you getting a Police Certificate, you should (if you've not already done so) make your application a.s.a.p:
http://london.usembassy.gov/pbcerts.html

Chris

[ronaldis]

I replied to a similar question on another thread see
http://www.theanswerb...Question285934-3.html

I have just read on the ESTA for the following:
B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

So one ticks no if the sentence was less than the 5 years?