covictions

[lammy]

me and my partner are travelling to the u.s in may. my partner has a conviction for driving a motorcycle with no licence or insurance and was fined this was 4 years ago. and has recently been cautioned for possetion of cannabis but was not arrested. Will he need to apply for a visa? and also can bad credit affect your entry as i read a question recently and people said that they person may be refused but she was going to live out there. we are only going for 2 weeks and do have defaulted payments? please help me thanx.

[jno]

http://www.theanswerbank.co.uk/Travel/Question 383366.html

strictly speaking, he should apply for a visa because of the conviction; in practice I wouldn't bother, I don't think the Americans will know (or care) about it

[branchinghen]

Only if you have any criminal convictions does this affect going to america. Driving offenses are not criminal convictions usually but youd have to double check this as this offense looks like it could be maybe more than just a driving offense.

The cannabis wont matter because he was not charged.

They ask for an enhanced disclosure scotland check (20 quid and takes up to 2 weeks and a form has to be ordered by phone. You can only do the basic one on line and this is no good) or a police subject access report(10 quid and can take up to 40 days and form must be picked up from your data protection officer at your local police station)

America is one of the few countries you cant get in because of spent convictions as well as unspent*

Also bad credit is not criminal so doesnt matter.

*after so long convictions are taken off your record due to the rehabilitation.


PS. im not sure myself if i would fancy some guy high as hell with a joint in his mouth racing about my country in a stolen bike doing wheelies!!!! But i suppose they give us films like easy rider so they can stfu!

[branchinghen]

i meant to say rehabilitiation of offenders act!!!

[JonnoGenie]

There are errors in the above advice, be careful. Your situation is pretty complex, I think you need more than advice from a 'free BB'.

[branchinghen]

no there is not i work for disclosure scotland and deal with this kinda stuff every day.

[munchie63]

Sorry, but you issue disclosure statements to people, you don't work for homeland security.

If they have EVER been arrested, (doesn't matter if they were convicted or not), they cannot use visa waiver option.
driving offences DO count, unless you did NOT attend court.
The US WILL take a caution for drugs seriously, especially if it's recent, conviction / fine or not. It's illegal.
They should have applied for a visa, but won't have time now, and will have to hope they can bluff it at immigration, and no-one will ever know.
Did you think the US would turn a blind eye to the fact you drove with no insurance, or licence, and take drugs ?

[munchie63]

Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa.

quoted form the US Embassy Online Visa Info page

[JonnoGenie]

I think we need a wiki-FAQ answer for this question! (ie where people can jointly contribute/edit a definitive answer once and for all).

It is asked so often, but also, often the replies are well intentioned, but slightly to extremely misleading.

[Paul22118]

Munchie is correct. It is the arrest that matters not the outcome.

[JonnoGenie]

But that ignores the whole question of Moral Turpitude, and entering on the Visa Waiver Scheme...

[lammy]

the motor bike wasnt stolen so there is no need for your sly comments. my boyf had purchased the bike earlier in the week and the cannabis was only a joint and that was all.

branchinghen.