United States Visa

[ScottFitzgerald]

Good afternoon

After some info if possible, next year my family and I are wanting to visit USA, however, I have a criminal record for GBH from about 10 years ago.

Will this stop me getting a visa, and at what stage of booking will I find out if I have been accepted or not ?

Regards

[rockyracoon]

Some good info on this thread

http://www.theanswerbank.co.uk/Law/Criminal/Question1352896.html

[puzzlemaniac]

US Immigration now requires visitors to complete an ESTA application, which they charge you for. That might give you an early indication if they would accept or decline.

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

[rockyracoon]

You can't apply for an ESTA if you have a criminal record, the link to another AB question of this nature gives some useful advice.

[Buenchico]

I see that link above goes to one of my (lengthy!) posts, so I'll try to simply summarise here:

1. You're not eligible to travel under the 'Visa Waiver Program', which means that . . .

2. You must apply for a visa. That means that . . .

3. You must get hold of a copy of your police record, and the original court record, and submit it to the US Embassy and . . .

4. You must attend an interview at the Embassy (in London).

5. If the 'GBH' offence was under 'Section 20' (i.e. 'without intent) then the US authorities may well decide that it doesn't qualify as 'moral turpitude' but if it was under 'Section 18' (i.e. 'with intent') then they almost certainly will. That's because 'assault with intent to kill, commit rape, commit robbery or commit serious bodily harm' is classed as 'moral turpitude', as is 'assault with a dangerous or deadly weapon', but other forms of assault aren't.

6. If your offence IS classed as moral turpitude then US law places an AUTOMATIC lifetime ban upon you entering the USA, so (in the first instance) the US Embassy MUST refuse you a visa. You can then seek a 'waiver of permanent ineligibility' but the whole process takes many, many months. (As I mentioned on the other thread, someone here has reported waiting 15 months before being refused).

7. If your offence is NOT classed as 'moral turpitude' the US Embassy has discretion as to whether to grant you a visa or not. (i.e.there's no automatic ban but that still doesn't mean that you'll get a visa). They generally make a decision within a few weeks of the applicant's interview but some cases are referred to Washington for 'additional processing', adding several months to the process. (Remember, as well, that there's quite often a long wait for an interview in the first place).

8. It would be foolish to book your travel before finding out whether you can get a visa or not, so I'd advise starting the visa application 9 months before booking (not before travelling) if you think that your offence won't be classed or 'moral turpitude' or 18 months before booking if you think that it might.

http://london.usembassy.gov/cons_new/visa/callcenter/add_processing.html

[mikey4444]

Personally, I would go to Canada instead !

[dzug2]

..Personally, I would go to Canada instead ! ..

Canada actually has rules that are in some respects stricter than the US - main difference is that they don't tend to ask short term tourists questions of that nature

[Buenchico]

PS:
If you apply NOW and the US Embassy doesn't think that your offence constitutes 'moral turpitude' (or otherwise requires 'additional processing') then you MIGHT get a decision within a few months, allowing you to book travel (for next year) before Christmas. (That, of course, assumes that you're granted a visa; you could still be refused).

So you MIGHT be be to travel to the USA next year (but I'd still keep the time-scales in my previous post in mind).

DON'T DELAY! GET YOUR APPLICATION IN A.S.A.P!