Criminal record and entry to US

[Stephb1985]

Hi everyone I hope you can help me,

10 years ago my partner was young and very stupid and made a pellet gun, the police found out and he got community service for it.. He has never been in trouble since. We are planning on going to the US sometime next year will he be allowed in??

Many thanks

Steph xx

[munchie63]

here goes again....

was he under 18 ? If he was it doesn't matter anyway, the crime was as a juvenile and won't affect anything.

Seriously - Just go and fill in the normal green waiver form.


trust me, I've been in your position, in 2007, and went through the visa route. The embassy will almost laugh if he applies for a visa becasue of a caution for this he got 10 years go.

relax and enjoy the trip - honestly, it'll be fine

[King Normie]

From the USA - it would depend on whether his crime, juvenile or not, was termed a Misdemeanor, a Felony or a Crime of Moral Turpitude in the Land in which it was committed.

[scoob101]

Theres no green form anymore, you have to apply for your visa online from January 1st 2009,
This tells you straight away if you have been accepted via e mail.

[LCDMAN]

Hmmmmm...... a few incorrect facts there from previous posters. The "green form" - Visa Waiver Programme (VWP)STILL exists until Jan 12th 2009.

This has been covered a lot here at TheAnswerBank and here is my previous post on the subject;

"Sorry if this is long, but it is quite detailed and your answer is in here - honest!

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

If you have any convictions, or even if you have just been arrested and NOT convicted, you are supposed to apply for a Visa before travelling and are NOT eligible for the VWP. It is important to note that there is no concept of "spent" convictions in US law or with respect to their Visa rules. Their country - their rules I'm afraid. There is no guarantee that they will give you a Visa and you should be sure of this before booking fights etc.


The loophole (valid as of today)

On the VWP form, you answer a bunch of questions including some about convictions and are expected to be honest - there is (today) no facility for the US Immigration authorities to instantly check if you are lying - many people with minor convictions say No and take their chances of being sent straight back to the UK. The exceptions are those on the "watch list" of major criminals, terrorists etc. about whom the authorities already share information. In essence, if you nicked a Mars Bar 25 years ago then no-one will know (or care) if you say No to the question about convictions.

[LCDMAN]

Closing the loophole!

This is all about to change, firstly with the agreement to share info about convictions etc. between us and the USA Immigration authorities;

http://www.cbp.gov/xp/cgov/newsroom/...0923200 8_4.xml

In addition, the VWP all changes as of Jan 12th 2009 when US authorities will insist you notify them electronically at least 72 hours before travelling AND WAIT FOR THEIR CONFIRMATION THAT YOU MAY TRAVEL. 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).

It does mean that the US Immigration Authorities will have at least 72 hours to check up on you and see if you are lying about convictions etc. and 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 }

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

Visa info;
http://www.usembassy.org.uk/cons_new/visa/niv/ b2.html

[LCDMAN]

Finally - if you DO need a Visa then arrange it in plenty of time - you will need to appear for an interview by appointment and current enquirers are being offered the next available interviews....................... in February 2009 !!!

[LCDMAN]

"Theres no green form anymore, you have to apply for your visa online from January 1st 2009,
This tells you straight away if you have been accepted via e mail."

Ok, so 3 things wrong with that mate,

1. VWP "green form" still exists until 12th Jan 2009

2. The new ESTA is not a "Visa", it is permission to travel, It does NOT replace a Visa, if you need a Visa then you will still have to get one.

3. You find out within 72 hours if you may travel or need to apply for a Visa, not straight away.

[dzug]

If you have any convictions, or even if you have just been arrested and NOT convicted, you are supposed to apply for a Visa before travelling and are NOT eligible for the VWP.

Not true - it depends on the nature of the offence. The US London Embassy spins this line, but that's coz they don't trust the British Public to understand the nature of their conviction even when they are not lying.

http://www.cbp.gov/xp/cgov/newsroom/...0923200 8_4.xml

doesn't work I'm afraid - probably too old. Do you have any other link to that info?

You find out within 72 hours if you may travel or need to apply for a Visa, not straight away.

Well the ESTA web site implies that it can give a response in seconds. True it allows for 72 hours.

[dzug]

I suspect the OOD link is this:

http://www.cbp.gov/xp/cgov/newsroom/news_relea ses/archives/2008_news_releases/sep_2008/09232 008_4.xml

ie it's been archived.

I don't think it's about sharing ALL criminal information

[LCDMAN]

I did say "supposed" to, not that you must! This rubbish forum software doesn't allow for italics or bold, pah!

[bobs1975]

"Supposed to" being the appropriate phrase. Some interesting thoughts from US immigration lawyers.
http://www.hg.org/article.asp?id=5394

[LCDMAN]

Great link Bob! It ought to be a "sticky" at the top of the travel section given the number of times this blimmin' question gets asked. The change to ESTA will only serve to confuse the infrequent traveller even more - and probably result in even more myths and conjecture about the real "rules".

[bobs1975]

Thank you LCDMAN - just trying to help out those who find themselves in this difficult situation. It does not help the poor posters when so many people post so many answers based on assumptions with so much conviction.