Entering USA with a criminal conviction

[Shazabela]

Hi I know this question has been asked a million times before but.........My b/f has a conviction for robbery and was sentenced to five years about 15 years ago. We are hoping to go to the US and he wants to just tick no on the Visa Waiver....I'm not so sure. Any advice greatly appreciated

[bednobs]

hi shazabela, you are wrong, it has been asked a million and one times :)
anyway, you need to do an esta form in advance now and send it off to them (since jan) you can do it online, but has to be done at least 3 days b4 you go, giving more time for investigations i suppose, so its not just a case of filling in the green form on a plane. As you are aware, your b/f is ineligible to travel under visa waiver anyway, and should in theory apply for a visa. It's really up to you if you want to face him being immediately deported at his own expense and you faced with the choice of carrying on without him or going back too. no one can tell you categorically if it will be ok or not.

Anyway, if its for a holiday, avoid the stress and go somewhere else. There are much nicer places!

[R1Geezer]

As bednobs says he'll need a visa and the old septics are big on what they call crimes of Moral Turpitude. So I can't see him getting a Visa. It's an unforseen punishment for a criminal past I'm afraid. If he goes down ESTA form route and just lies then he may just get away with it but his feet won't touch if they find out.

[bobs1975]

Agree with all the above. Sometimes this topic gets a little hazy when someone is arrested, with no caution or conviction, for a crime that does not involve moral turpitude but in your case robbery is a crime involving moral turpitude and the fact that he did time could present further issues. Have a read of this document - I'm sure he will fall into the "ineligible" category

http://www.state.gov/documents/organization/86 942.pdf

He may also be denied a visa. If this is the case the embassy may decide to forward this to the Department of Homeland Security for further processing. Due to the length of time since the conviction they may grant him a Waiver of Ineligibility.

Good Luck

[ness.hirons]

My Hubby had a conviction for drugs from 1994. We went to interview for visa, which his was refused, and then sent to Washington for appeal. We only went to embassy on 17th Feb, and we were told it could take upto 8 weeks for a response. Then yesterday he had email to say that visa could be issued, less than 2 weeks.