Do I need a visa???

[Jonathan1985]

Hi everyone!
I am hoping to travel to chicago next year and I have just got my new passport. I have heard about the visa waiver program and im not sure if im eligible?
I have been arrested in the past for a minor offence but no conviction, just a warning.
Will I still need a visa?
Any help appreciated :)

[dzug]

In practice, no. Just pretend it never happened.

If you stick rigidly to the rules it depends what that 'minor ' offence was. Moral turpitude is their criterion, which means (very much oversimplified) that you did something with evil intent. Nothing to do with 'minor' or 'major' Stealing a mars bar is moral turpitude just as much as robbing a bank.

The US London Embassy website is not very helpful on this - they err very much on the side of encouraging you to apply for a visa whether you need one or not.

[munchie63]

Noooooo!

just use the waiver form

[bobs1975]

As dzug said it depends on your crime - care to share that with us? If you minor crime was smoking a spliff at a rock concert or thieving the mars bars then following US law you wouldn't be allowed into the US - visa or VWP. If you got into a fight outside a nightclub or smashed up a telephone box then no problem. If you phone the US embassy some nice las in Scotland will take your name and passport number and enter it into the database then tell you she cannot be the judge of your crime and you need to apply for a visa. Check out this link.

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

[buildersmate]

By which time, they've 'gotcha' on their database as 'needs a visa'?

[ChuckFickens]

has anyone else read some of the crimes on that ^ wikipedia link and thinking they are ridicules!

Sodomy will stop you getting a visa, but if you are an escaped convict carrying a concealed weapon smuggling stuff to trade on the black market while evading your taxes then your fine, you can get in no problem!!

[bobs1975]

Yep - the list is crazy. I might add that there have been instances where prostitution has been deemed a crime NOT involving moral turpitude by some judges. This list is not a precise split between the two types of crimes. Its just a rough analogy of findings of certain crimes in a court of law. It's not easy, black or white or definitive. Hence the US embassy says - "come and apply for a visa" - "let us decide not you"

[buildersmate]

Isn't this better described as "we make the policy up as we go along"

[Jonathan1985]

My arrests were for carrying a weapon. But i only had a caution.

[bobs1975]

Best to have a look at the wiki list and make your own judgement call though word of advice - the US treat "only a caution" as a conviction as you admitted guilt by accepting a caution. Cautions also appear on criminal checks in the UK and it will be on the ACPO report - the police report one has to get when applying for a visa.

[Earth-Angel]

You must now initially apply by INTERNET ONLY before you go (not now on plane):

... Travelling to the USA after 12 Jan? Apply for a Visa Waiver ONLINE before you go
The days of filling a Visa Waiver form for US travel on the plane are ending. ...
www.moneysavingexpert.com/latesttip/ - 101k - Cached

[bobs1975]

oh dear

[LCDMAN]

We've discussed the new ESTA (Electronic System for Travel Authorisation) at length on many posts here at the TheAnswerBank.

Search for "ESTA" for more.

The ESTA system started on a trial basis, running side by side with the VWP, in August 2008. It becomes MANDATORY on 12th Jan 2009.

[Jonathan1985]

What do you mean "oh dear"?

[bobs1975]

I'm oh dearing the advice given to you by Earth Angel which has nothing to do with the question you asked. The correct answer to your question is this: If you want to follow the advice given by the US embassy then you need to apply for a visa. If you phone the embassy (which I advise you don't) a young lass in Scotland will tell you to apply for a visa. The reason for this is that the young lass does not have the ability nor the right country of origin to decide if your alleged crime involved moral turpitude. If you don't follow the advice of the embassy then have a very nice trip - you'll love America.

[Jonathan1985]

Thanks for the advice :)

[NORMANTHEDOG]

just go to the US EMBASSY website and fill in the ESTA form,you will get a answer straight away.