Usa Visa - Are You Eligible With A Conviction?

[Davypops]

I have a criminal conviction when I was young from 1974 (4 years imprisonment). Does that make me ineligible for a USA holiday visa, does anyone know? Is it obligatory to declare it? Thanks, David.

[emeritus]

The Government advice is

if you have a criminal record or have been arrested even if it didn’t result in a conviction or about visa matters generally, contact the nearest US Embassy or Consulate for advice

[emeritus]

Information here

https://www.gov.uk/foreign-travel-advice/usa/entry-requirements

[Davypops]

OK, many thanks to you.

[dzug2]

Yes it is obligatory to declare it - but it probably won't stop you getting a B2 tourist visa if you apply through the Embassy

You are not eligible to use the ESTA/Visa Waiver Program - often wrongly called a holiday visa

[Buenchico]

Everything above is correct but I'll just add a few points (particularly as nobody has pointed out how lengthy the visa application process can actually be):

You'll need to get hold of a Police Certificate. You'll also need to complete additional documentation (as well as the usual visa application). Further, you'll need to attend an interview in London. All of that takes plenty of time, so you'll need to start your visa application process well before you're hoping to travel.

The the nature of your offence needs to be considered. If it involved 'moral turpitude' the US Immigration and Nationality Act gives the US Embassy no discretion whatsoever when considering your visa application. By law, the embassy staff MUST refuse your application. However you can then ask that it be submitted to Washington as an application for a 'waiver of permanent ineligibility'. The MINIMUM processing time for such an application is around 6 months but it can take much longer. (There's been a post, here on AB, from someone whose partner had two convictions for driving without insurance. He had to wait 15 months before hearing that his application had been turned down).

So the first thing you need to do is to consider whether your offence is classed as 'moral turpitude'. If it involved any form of dishonesty (such as theft or fraud) then it almost certainly is. If it involved violence then it doesn't unless there was intent to kill/rape/rob/commit serious bodily harm or a dangerous or deadly weapon was used. Wikipedia has a useful summary:
https://en.wikipedia.org/wiki/Moral_turpitude#U.S._government_guidance_on_determining_moral_turpitude

If there was no moral turpitude, allow several months for your visa application before booking your travel (which, since you'll probably want to book well in advance of your actual travel date, means applying now for travel in the first part of next year). If moral turpitude was involved you might need to think about making your visa application now for travel in 2017.

From the website of the US embassy:
http://london.usembassy.gov/niv/add_crime.html

[Davypops]

Thank you - yes, all good info, thanks.