USA Visa with criminal charge

[bekah]

Me and a friend were hoping to get to New York at the end of the year, but he has a 12 year old Drink driving ban. Should he declare this before hand? We dont even know if it still stands, as another friend hyas told us that they are wiped after a certain time. He was 18 at the time and banned for 12 months. Any help appreciated as always!!

[Buenchico]

A conviction for drink-driving creates a criminal record and this stays with someone for life.

Under UK law (the Rehabilitation of Offenders Act) most offences become 'spent' after a period of time. This means, for example, that in most circumstances a person with a spent conviction can answer 'No' when asked if they've ever been convicted of an offence. (There are several exceptions but they're not relevant here).

However, applications for US visas are not covered by UK law. It's US law which applies and, therefore, the conviction is not regarded as 'spent' and must be declared. Your friend will not be eligible for the visa waiver scheme; he must, therefore, apply for a full US visa. This involves attending an interview in London. (The procedure is lengthy and can last most of a full day).

The nature of your friend's criminal record means that it would be extremely unlikely that he would be refused a visa. If, however, he decides to 'chance it' and enter the USA under the visa waiver scheme, he risks being refused entry or, worse, being imprisoned for illegally trying to enter the country.

Chris

[kempie]

View the pertinent page(s) from the US Embassy website here to expand on the answer given by Chris.

[scoobydooby]

That's right but under the ACPO Guidelines (Association of Chief Police Officers), Police Forces are advised to delete certains convictions from their systems after a period of time if no other conviction after this time. As I understand it, if someone was convicted of drink driving, this would be removed after 10 years if there was no other conviction after this time. This doesn't apply to certain convictions, i.e sexual offences etc. So if you said you had no convictions and your info. had been 'wiped', how could anyone prove otherwise?