US Visa Waiver Programme

[ojread2]

Is this 'tick the box' from being withdrawn and when?
I have searched but, typically, I cannot find the right reply for my question

And whilst we are on the subject, the information shared - what information will they be sharing, because it seems to me that sharing every single arrest for people would be a waste of time for both US and UK authorities so will it just be terrorist connections, drugs ir will it be everything?

[jno]

it will soon have to be done online, as I think the Aussies already require. This is apparently 'to save you time' - that valuable time you spend sitting on a plane crossing the Atlantic.

http://www.telegraph.co.uk/travel/travelnews/3 085814/Americas-new-entry-form-gets-green-ligh t.html

[LCDMAN]

At the moment we (as UK citizens) are part of the "Visa Waiver Programme" (VWP)which means that most people (except convicted criminals etc.) can fill a form in for US immigration in lieu of a Visa, you will get this form on the plane.

BUT - this changes as of Jan 12th 2009 when US authorities will insist you notify them electronically at least 72 hours before travelling. It is a trial as present (since 1st August) and not compulsory BUT DOES become compulsory as of Jan 12th!! This is called The ESTA (Electronic System for Travel Authorisation).

Check with the US Embassy website for more details.

VWP info
http://www.usembassy.org.uk/cons_new/visa/niv/ vwp.html

ESTA info
https://esta.cbp.dhs.gov/esta/esta.html
http://www.usembassy.org.uk/dhs/ESTA..._Travel ers.pdf

US Visa info
http://www.usembassy.org.uk/cons_new...sa_wiza rd.html

[mushroom25]

According to a report yesterday, European authorities are concerned what other uses the US Homeland Security dept might put collected information to (eg they might decide to sell it). If no compromise can be found & the EU don't ratify the new requirements, the visa waiver scheme might in future exclude EU travellers. http://www.dailymail.co.uk/news/article-106335 2/Visa-threat-Britons-America-Europe-row-secur ity.html

[ojread2]

Thanks all :)

So, are those travelling likely to be refused now if they have a record?

[LCDMAN]

Certainly you MUST apply for a Visa if you have a criminal record - you are not eligble to use the VWP. Depends on the offence, but there is a very great chance that yes, you would be refused a Visa.

[LCDMAN]

Forgot to say, that has always been the case re: criminal records/Visa/VWP - nothing new there for a long time.

[ojread2]

Thankfully, it's not me with the record but previously one could travel on the VWP just by ticking the box because of the info not stored by US immigration
Now it looks unlikely that he will be able to go therefore ruining mine and my daughters holiday to Florida
The offence was ABH and criminal damage

[LCDMAN]

Yes, sorry but it does seem that loopole will be closed.

There is to be greater sharing of information
{see here; http://www.theanswerbank.co.uk/Travel/Question 632687.html) }

which coupled with the need to give your details 3 days before travel AND await a response to say you may travel, means it will be much harder for anyone with a record to travel to the USA, especially those with "moral turpitude" offences that our American cousins seem to be terrified of!

http://en.wikipedia.org/wiki/Moral_turpitude

[ojread2]

Thanks LCDMan
Your help is much appreciated - he keeps insisting his conviction is 'spent' but now I can show him your links to prove they are not in the eyes of US visa law

[dzug]

Yes but ABH and criminal damage are not moral turpitude - or at least not always. So he may still be eligible for a visa waiver.

The information to be shared as I understand it is that held by the immigration authorities in each country, not the police.

[LCDMAN]

Unfortunately there is no concept of "spent" convictions in US law or with respect to their Visa rules. Their country - their rules I'm afraid.

[LCDMAN]

Dzug, moral turpitude conviction or not (they are just more "anxious" about such convictions) the fact he has ANY conviction means he MUST apply for a Visa and is NOT eligible for the VWP. It is up to the US Authorities if he is granted a Visa, but he must apply for one.

Until the new information sharing agreement comes into force he could take the risk and tick No on the VWP form, but with the change to ESTA and the new information sharing this loophole is being closed - they will have at least 3 days notice of you travelling in which to find out if you are a "wrong 'un"!.

[ojread2]

Thanks Guys
Can always rely on AB'ers :)
Will show him this thread

oj x

[rubbishname]

Sorry, but I have to raise this one from the dead

This is factually incorrect

"LCDMAN
Tue 30/09/08
21:04 Dzug, moral turpitude conviction or not (they are just more "anxious" about such convictions) the fact he has ANY conviction means he MUST apply for a Visa and is NOT eligible for the VWP."

As long as he can truthfully tick NO to the question on the VWP, then he can travel on the VWP. But, like everything else, CBP can deny entry to anyone, even with a visa issued from London.

The question

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Now, as he has 2 conviction, he needs to find out whether any are CIMTs, and if not, whether the district of columbia deem these crimes to have an aggrevated sentence of 5 years or more.