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Entry into USA with Criminal Record
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I know this question has been on before but just need some help if that is ok? We have a family holiday booked in April 2013 but my husband has a criminal record. He was convicted as a juvenile for class a drug and then convicted for GBH at 20 years old and spent a year in prison, the reason for this was he saw his cousins getting beaten up very badly and just couldn't stand by and watch it happen. He is now 37 and not that person at all now. He now has a child and his married and a very family man. What do you think the chances are of him getting a visa and also is it better to travel to belfast to get one instead of London? As i said earlier it is a family holiday to florida for 2 weeks and have return flights booked. Would be great if someone has been in the same situation and can advise on what to do and what to say etc. Also some people have said just find out if the convictions have been spent and just travel on the ESTA but just really don't know what to do. Would really appreciate any help.
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I work at a travel agents. I would advise you strongly call the USA embassy in london and see what they say.
If you would like the address of the oficial ESTA website here it is:
https://esta.cbp.dhs.gov/esta/
If you would like the address of the oficial ESTA website here it is:
https://esta.cbp.dhs.gov/esta/
If my memory serves me right, the Americans don't consider convictions spent, I doubt going to Belfast will be any different, I know someone who got a 10 year visa and I know of people who got a one visit visa, the convictions were similar but the person who got the one visit got a custodial sentence. I have heard of a couple of people that have just winged it, got the ESTA and didn't go down the visa route, it's a chance you take.
>>>some people have said just find out if the convictions have been spent
The USA doesn't recognise the UK's Rehabilitation of Offenders Act (and has no similar legislation); therefore convictions are NEVER regarded as spent when applying for a visa.
The USA's Immigration and Nationality Act places an automatic bar upon anyone entering their country if they've been convicted of of an offence involving 'moral turpitude'. (It's possible for such people to seek a 'waiver of permanent ineligibility' but it's a long-winded process, taking many months).
Drug offences normally come under the heading of 'moral turpitude' but the automatic bar on entering the USA has an exemption for people who committed a SINGLE offence of moral turpitude whilst still a minor.
Most offences of violence DON'T fall under the heading of 'moral turpitude'. However 'intent to kill or 'intent to commit serious bodily harm' moves an assault offence into the 'moral turpitude' category. It would be for the US authorities to try to match up UK legislation with their own but it seems likely that a 'Section 20 (GBH) offence wouldn't count as 'moral turpitude' but a 'Section 18' (GBH with intent) offence would do so.
If your husband's offences are not regarded as 'moral turpitude' then the US Embassy might well decide to grant him a visa (because of the length of time that has passed since his last conviction). If they do fall into 'moral turpitude' then the US Embassy MUST (in the first instance) refuse to issue a visa. (They have no choice; they're bound by the terms of their Immigration and Nationality Act). They could then refer the application to Washington to see if a 'waiver of permanent ineligibility' could be issued.
Seeking to travel on an ESTA would seem to be very unwise. While the UK doesn't automatically share information about criminal convictions with the USA, a great deal of data seems to be passed on under the guise of 'anti-terrorism' (which lets the UK get around EU privacy laws). Your husband needs to apply for a visa AS SOON AS POSSIBLE. If a waiver of permanent ineligibility needs to be sought there's hardly any time left. (As stated above, the process takes MONTHS).
See here for the current waiting times for visas (taking particular note of the section on 'administrative processing'):
http
By changing the location to Belfast you'll see that the 'basic' waiting times there are shorter (but that 'administrative processing' takes just as long).
See also here, which states that a wait of AT LEAST SIX MONTHS is likely:
http://london.usembassy.gov/add_crime.html
Your best option at present would seem to be to speak to the travel company to see if the holiday can be postponed by several months, and for your husband to begin the visa application process NOW.
Chris
The USA doesn't recognise the UK's Rehabilitation of Offenders Act (and has no similar legislation); therefore convictions are NEVER regarded as spent when applying for a visa.
The USA's Immigration and Nationality Act places an automatic bar upon anyone entering their country if they've been convicted of of an offence involving 'moral turpitude'. (It's possible for such people to seek a 'waiver of permanent ineligibility' but it's a long-winded process, taking many months).
Drug offences normally come under the heading of 'moral turpitude' but the automatic bar on entering the USA has an exemption for people who committed a SINGLE offence of moral turpitude whilst still a minor.
Most offences of violence DON'T fall under the heading of 'moral turpitude'. However 'intent to kill or 'intent to commit serious bodily harm' moves an assault offence into the 'moral turpitude' category. It would be for the US authorities to try to match up UK legislation with their own but it seems likely that a 'Section 20 (GBH) offence wouldn't count as 'moral turpitude' but a 'Section 18' (GBH with intent) offence would do so.
If your husband's offences are not regarded as 'moral turpitude' then the US Embassy might well decide to grant him a visa (because of the length of time that has passed since his last conviction). If they do fall into 'moral turpitude' then the US Embassy MUST (in the first instance) refuse to issue a visa. (They have no choice; they're bound by the terms of their Immigration and Nationality Act). They could then refer the application to Washington to see if a 'waiver of permanent ineligibility' could be issued.
Seeking to travel on an ESTA would seem to be very unwise. While the UK doesn't automatically share information about criminal convictions with the USA, a great deal of data seems to be passed on under the guise of 'anti-terrorism' (which lets the UK get around EU privacy laws). Your husband needs to apply for a visa AS SOON AS POSSIBLE. If a waiver of permanent ineligibility needs to be sought there's hardly any time left. (As stated above, the process takes MONTHS).
See here for the current waiting times for visas (taking particular note of the section on 'administrative processing'):
http
By changing the location to Belfast you'll see that the 'basic' waiting times there are shorter (but that 'administrative processing' takes just as long).
See also here, which states that a wait of AT LEAST SIX MONTHS is likely:
http://london.usembassy.gov/add_crime.html
Your best option at present would seem to be to speak to the travel company to see if the holiday can be postponed by several months, and for your husband to begin the visa application process NOW.
Chris
It's such a hard process as a friend of mine knows someone with a class a drug conviction and they got given a visa for a family holiday in florida. I think it just depends on the individual it's self. For example what you travelling for, how long for and who with etc. it says each case is different.
Questions like this come up quite regularly on here and answers tend to be split roughly equally between those which suggest total honesty with the US embassy even though that will (almost) certainly lead to a refusal and those who advise filling in the ESTA / visa waiver form and bluffing your way through customs on the other side because there's (almost) no way that US immigration can know about your criminal record.
However, the thing about the latter approach is that American Homeland Security takes a much dimmer view of this than it did before the terrorist attacks on the World Trade Center. Prior to this, worst case scenario would be that you'd be refused entry and put on the next plane home. Now, however, a deliberate attempt to enter the US illegally (for that's what this is!) is viewed very seriously indeed. You may recall the case a few years ago of the young English girl who jokingly said she had a bomb in her luggage - not sure if she's out of US prison yet...
However, the thing about the latter approach is that American Homeland Security takes a much dimmer view of this than it did before the terrorist attacks on the World Trade Center. Prior to this, worst case scenario would be that you'd be refused entry and put on the next plane home. Now, however, a deliberate attempt to enter the US illegally (for that's what this is!) is viewed very seriously indeed. You may recall the case a few years ago of the young English girl who jokingly said she had a bomb in her luggage - not sure if she's out of US prison yet...
Cases of the 4 people I know that had to go to the embassy
1. Male late 30's conviction for pinching a car when he was 18, punishment was a fine, he got a 10 year visa
2. Female late 30's conviction for fraud, late teens, custodial sentence, got a one visit visa.
3. Male mid 40's conviction for violence (don't know the actual name), early 20's, custodial sentence, also a conviction for fighting again in his mid 30's, he got a one visit visa.
4. Male late 30's conviction for violence early 20's, punishment was a suspended I think, he got 10 year visa.
See, they are all different, I reckon it depends on the person you see at the embassy. Good luck.
ps, I'm not any one of these peeps by the way ;)
1. Male late 30's conviction for pinching a car when he was 18, punishment was a fine, he got a 10 year visa
2. Female late 30's conviction for fraud, late teens, custodial sentence, got a one visit visa.
3. Male mid 40's conviction for violence (don't know the actual name), early 20's, custodial sentence, also a conviction for fighting again in his mid 30's, he got a one visit visa.
4. Male late 30's conviction for violence early 20's, punishment was a suspended I think, he got 10 year visa.
See, they are all different, I reckon it depends on the person you see at the embassy. Good luck.
ps, I'm not any one of these peeps by the way ;)
Hi i've just been through this. You should make an appointment with them £160 non-refundable, you will need to take a copy of the ACPO from the police. He will queue outside for about 1 1/2 hours, then wait about another 2 hours inside. I had 2 interviews with a consulate officer who will make a decision on what happens next. Having 2 alcohol related offences (ABH - Caution & drunk & disorderly - guitly) 11 and 7 years ago. This meant that I had to attend a medical and further interview, £270 non-refundable, in London (they only have approved Dr's there!). They question you and look at all eveidence you can supply, I took copies of the disclosure documents. The ABH was due to me protecting my brother who was being attacked by someone with a knife and the drunken disorderly was deemed, I believe by the US, as by association as there was no violence or threats made by me. I have been granted a 10 year visa.
I am travelling the world extensively and the US is the only country I have had to be interviewed for. I have informed others of my past and been granted visas without any problems.
Friends have told me that they know people who have been refused entry when they got to the US so would suggest informing them first. They are very strict on alcohol and I would expect them to be more so on drugs. Having a custodial sentence would not bode well. I think his chances would be slim but he may get a short stay visa.
I am travelling the world extensively and the US is the only country I have had to be interviewed for. I have informed others of my past and been granted visas without any problems.
Friends have told me that they know people who have been refused entry when they got to the US so would suggest informing them first. They are very strict on alcohol and I would expect them to be more so on drugs. Having a custodial sentence would not bode well. I think his chances would be slim but he may get a short stay visa.
> I think if you tried to get into the US without declaring anything, you'd just be put down as "Inadmissable" and sent home on the next plane.
That's the whole point! You would have lied on the ESTA / visa waiver, which would be considered as a deliberate act of attempting to gain entry to the USA by deception.
Don't do it...
That's the whole point! You would have lied on the ESTA / visa waiver, which would be considered as a deliberate act of attempting to gain entry to the USA by deception.
Don't do it...
I applied and was given a 10yr visa for a trip in 2007.
The police crb report takes a month so get cracking on that now. Appt time for the embassy visit was about 3 weeks I think. I was granted a visa on the spot (after handed in my paperwork at 1 desk, then a 5min chat with the embassy official at desk 2). Truth is, I went down the right route, but my 'crime' wasnt moral turpitude - they didnt tell me that, it's what I've figured out.
Stressful, but I didnt want to screw up a family trip by getting turned back due to a false waiver form.
Take as much as you can (within reason) to the embassy to prove you've changed now, - mortgage, kids, steady job, references maybe. They take all that into account. The US don't want to stop you taking your kids to disneyland, but they do want to stop the risk of those they consider a risk from entering. I wouldnt bother calling the embassy at £1.50 a minute....if you say anything about a conviction they'll tell you to apply for a visa - they never answer is it / isn't it 'moral turpitude' questions
The police crb report takes a month so get cracking on that now. Appt time for the embassy visit was about 3 weeks I think. I was granted a visa on the spot (after handed in my paperwork at 1 desk, then a 5min chat with the embassy official at desk 2). Truth is, I went down the right route, but my 'crime' wasnt moral turpitude - they didnt tell me that, it's what I've figured out.
Stressful, but I didnt want to screw up a family trip by getting turned back due to a false waiver form.
Take as much as you can (within reason) to the embassy to prove you've changed now, - mortgage, kids, steady job, references maybe. They take all that into account. The US don't want to stop you taking your kids to disneyland, but they do want to stop the risk of those they consider a risk from entering. I wouldnt bother calling the embassy at £1.50 a minute....if you say anything about a conviction they'll tell you to apply for a visa - they never answer is it / isn't it 'moral turpitude' questions
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