Entry to US with a criminal Record

[shiznit]

Is it true if you have been banned from driving in the UK, you could not be allowed into The USA, we are flying to New York next month and my friend is still serving a 12 month ban

[Buenchico]

A driving ban does not automatically disqualify someone from entering the USA under the Visa Waiver Program (VWP). If, for example, someone is banned under the 'totting up' system, for a series of speeding offences, then it is likely that these would be regarded as 'minor traffic offenses' which do not prohibit someone from entering the USA under the VWP.

I note, however, that your friend's ban is for a 12 month period. This suggests something more serious than speeding offences (e.g. drink-driving). If your friend was arrested for the offence (as would happen for drink-driving), then he is ineligible for the VWP. (Anyone who has been arrested, even if later found to be completely innocent, is ineligible for the VWP).

It's likely that your friend needs to apply for a visa. This involves, among other things, scheduling and attending an interview at the American embassy in London. A major problem, however, is that, in addition to the wating time for an interview, the US embassy website states that anyone who answers 'Yes' to the question relating to arrests, should allow 14 to 16 weeks to hear whether their application for a visa has been successful.

It seems likely, therefore, that your friend cannot legally enter the USA next month. He will either have to cancel his trip or risk being detained at the airport, and denied entry, if he lies on the visa waiver form.
http://www.usembassy.org.uk/cons_new/visa/niv/ vwp.html

Chris

[Buenchico]

PS: Although I stated that being arrested automatically makes someone ineligible for the VWP, I should have also stated that any conviction (even for a non-arrestable offence) also leads to ineligibility. These restrictions are for life so, if your friend was arrested and/or convicted, the situation won't change when he completes his driving ban.

Chris

[NORMANTHEDOG]

my cousin is banned from driving for dd and has been to new york 3 times during the ban and not had any problems at all.

[Dom Tuk]

The US authorities do not have access to our criminal records except those that are shared through interpol and other such agencies. So there is therefore no need to worry about convictions and qualification for the visa waiver programme. This question keeps coming up regularly. I wish all those with convictions who had no problems enetering and leaving the USA could regularly post here to show that i am correct.

[dzug]

The visa waiver form asks the question have you ever been arrested or convicted of a crime involving 'moral turpitude'.

I did some research once on what moral turpitude means and surprisingly DUI does not come into this category. ICBB to find the reference again, but it does mean that your friend can answer NO and not be lying.

[shiznit]

Thank you all so much for your answers, they have helped a lot. I think after looking at all aspects of the situation, we decided to risk it for a biscuit, and hopefully we will sail straight through, fingers crossed eh?.


Thank you all once again

[stanleyman]

Moral Turpitude is here

http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm

and here

http://www.gapsc.com/ProfessionalPractices/moral_turpitude.pdf

I was wondering if we in the UK have any similar requirements for visiting aliens?

[Shire]

Hi Dom Tuk, as you have asked for other people who have gone to the US under the WVP even when they have convictions, I give you the example of my husband - he was banned for 12 months in 2000, and we went to the US under the VWP in 2004 with no problems at all!

[JonnoGenie]

This does get asked many times, and the answers do seem over-cautious at times, so I'd like to reply to this too.

I've been to the US 7 times this year, using the VWP and each time I'm questioned about a DWI arrest in US from the early 90's (something I can hardly hide from them after all!), and have been let in each time.

[JonnoGenie]

Update!

I was in the US embassy this week applying for a visa. I declared my US DWI charge on the application, and had to go through various hoops becaue of this.

Apparently the question on the back of the visa waiver form asking if you have committed 'moral turpitude' etc., or crimes leading to sentences of 5 or more years in aggregate etc... pretty much = 'have you committed any crime ever?'. This was explained to me by an embassy official. I wonder how many people know what 'turpitude' means!? It is a word that probably hasn't been commonly known in England for a century, two, or more.

When I asked why it was US immigration queried my old record, always let me in, and never told me I should not use the VWP but should get a visa, she suggested, in as many words, 'they probably have bigger fish to fry'.

Given 1 in 3 UK citizens are meant to have a UK criminal record, this means none of them are eligible for the VWP. But if this was enfoced and all these people had to get a visa (truly painful process), I expect the UK tourist industry to the US would collapse overnight, and that they know it!

[JonnoGenie]

ps
I've just read the second link that StanleyMan posted above... wow! Perhaps I should post a copy to the US Embassy official who told me yesterday that DUI/DWI was moral turpitude. She appears to have been wrong!

(perhaps I shouldn't, it would probably not help my current visa application too much!)

[shiznit]

Dude this thread is dead and buried, I have been twice since I posted this and the Americans gob bless em are not really interested in DUI's and small time crooks, I'm back there at New Year and will sail through customs and the like hassle free, so unless you have done serious time I don't think that they are that bothered

[lancs lad]

Hi,
Has anyone out there with a conviction for anything other than DUI,DWI applied for a visa and been approved? Bit worried about applying because of "obtaining property by deception" conviction 15 years ago. Anybody got any experience they can offer here?

[muppet123]

My brother has a criminal record. He was convicted for two years for burglary dwelling. Can anyone advise me whether he should mark yes or no on the VWP form. If his passort is scanned at an airport, will his convictions be known to the authorities?

[cpt starfish]

i have just come back from the us i spent the week in ny and me and my partner had the same apprehension,s about the whole waiver thing, i have been arrested and been to court, paid the fine all the things u.s. customs say they know about but was never even given a second look. the only thing i would say is my brush,s with the law were when i was younger i,m now 32 and the last time i was in trouble was about seven yr ago. at the time all they took was finger prints the old way(ink and paper) now a friend of mine has been in trouble more recently ( football related violence) and he had his prints taken with a scanner also dna swab he asked what all this was for and he was told that it was not just for uk records but was also sent to the u.s. which as i found when at us immigration they do scan your finger prints. so from my experience and people i have spoken to if you have not been in prison or had any recent brushes with the law you should be ok. but it is majorly nerve racking when you get there but if you can handle it then good luck

[anatonic]

My boyfriend just gonne to Florida,last week,who has criminal record for dope twelve years ago.Didn't have any problems entering USA, make sure you tick NO to the question whether you have commited ""moral turpitude" if you are going under VWP.
We were really worried cause he was due to go Disney World in Florida with his son and his parents.The night before the flight he heard you cant ener USA if u have criminal record. DONT Worry -you can, (he proved it).Unless you are wanted by Interpol, dont even think of going.

[1313gray]

Hi after reading some very scary stories and as a family who are booked to go to America in a short while I felt like I needed to post a like. None of the previous responses mention the new ESTA what came into force on the 12 January. If you have been arrested or convicted of any crime what so ever you need to tick the box for moral turpitude and apply to the embassy for a visa. In the past some people have getting through when just applying for a waiver visa but with this new electronic tagging system once your passport in scanned at checkin at UK airport if your fingerprints come up as being stored on file then they know you have been arrested and will be refused entry and proberly charged with purgery and you have lied on an official doccument. believe me this is very true and there is no way round it other that to apply to the embassy for a visa.

[1313gray]

Yes you need to apply to the US embassy for a nonimmigrant visa. My husband is going through the same process and has his appointment next week but his involves a different offence. Please let me know how you get on x