us visa with a criminal conviction

[1313gray]

Has anyone been granted or refused a visa by the embassy who have got a GBH conviction or similar on their police records. My husband has this and has to go to the embassy in 10 days time to see if they will grant him a visa. We are so worried we have 3 kids who think they are going to Disneyland and cant affort to be �5500 out of pocket. He cant travel on the waiver visa and this new ESTA law wich came into affect on 12 January 2009 means that his passport is scanned now in the UK and if they have your prints stored then they know you have been arrested and they will refuse at airport. Were really hoping he will be granted the visa but if there is anyone out there who can try and put our minds at ease a little I would really appreciate your views.

[mathhead]

You'r much more likly to get a decent response if you posted this in law...there's some very intelligent people there and this question is posted often.
Good luck anyway.

[auntiebertie]

Only the US Embassy will decide I'm afraid.
Usually you have to have a crime of 'moral turpitude' - try reading this http://britishexpats.com/forum/showthread.php? t=559272 and you can decide for yourself if he will be let in.....

[jno]

Unless someone knows better, I don't think fingerprints are stored on the passport itself, that's why they take them when you get to the USA; and the Americans only check them against their own database, not agains the UK one.

[1313gray]

Hi thanks for all advise so far. He has no option but to go down the visa application route. In response to previous post your fingerprints are not stored on your passport they have new machines installed for US entrie passengers and the machines have the latest tecnology linked to criminal data base that why you can only enter on an electronic passport or photo passport so they can scan your personal details on the system and then it tell them if you have finger prints stored. If you have them stored they automatically know you have been arrested but they dont know what for or if you obtained a conviction. The problem you now come accross is if you tick the box saying you have no record and they scan your passport at checkin and it tells them otherwise you will be refused entry. I had this confirmed today by US checkin at my local airport.

[1313gray]

In response to my own question and just wanted to update anyone in similar circumstance who are faced in the daungting situation my husband was in. As stated he has a GBH from 8 years ago and had to apply for a US visa. he attended Belfast yesterday for his interview and was granted a visa for 10 years which arrived in todays post just the day after. It was in his words an awful process but lucky my husband was sure where he stud before he went and knew his offence didn't fall under moral turpitude as didn't involve intend so when questioned he knew where he stood. There was only 1 desk on and 1 consular on at belfast and only about 20 people waiting for visas so was in and out within 2 hours. So relieved he went the official route and was praised for his honesty and we can now go back to looking forward to our up and coming trip. Thanks everyone for all your advise we really appreciated it and hope our experience may be able to help so may people in simular situations in the future,

[goodadvice]

I would like to highlight the forgotten problems ex offenders face, and would like to introduce our unique range of insurance products for ex-offenders under our NEWHOPE range. The average person is bombarded by insurers hungry for their business. It is so easy to overlook the real needs of the ex-offender and the difficult task of finding insurance while fully disclosing convictions.
From the start, the ex-offender often cannot get a bank account to have their salary or benefits paid into nor a mortgage
Often the ex-offender will go uninsured and perhaps ultimately re-offend. Or they will often misinform insurers of their convictions and hope for the best. Sadly, when a claim occurs the insurer will have every right to void the policy and can press for a charge of attempted fraud, which will lead to the person returning to prison.
Whilst in prison, the ex-offender has often gained skills for gainful employment on the outside. On release, they will not be able to start this employment as they cannot legally obtain cover for their vehicle to get to work nor can they obtain liability/business insurance to start their own business. All resources put into the prison training process are therefore wasted. As will your own resources and efforts
Similarly, should the ex-offender return or move in with friends or family, normal household insurance will be invalid. Should they wish to take a holiday or arrange the financial protection of an accident or sickness policy they will be denied cover.
I have arranged this facility at the request and support from our trade association The British Insurers Brokers Association along with ex offender charities. We only use Lloyd�s underwriters and UK insurers


Kind regards

Neil Cook
Manager Specialist Risks email [email protected]

[1313gray]

Pleased the last statement has absolutely no relevance to anthing we have ever come across. Companies who use people past misdemeaners to tout for business are obviously dying a dealth. If people need such companies they would hunt them out by reputation.

[jonathanhill]

Hello, thanks for taking the time to post the update on here and i hope you have a great time at disneyland. I'm in a similar boat and i wondered if you have time to just explain how he explained the gbh conviction didn't fall under moral turpitude? My conviction is for abh after punching a man once who'd become aggresive to a lady and then approached me and threatened me with a knife.

[1313gray]

Hi Jonathan hill.
I have been updating this on behalf of my husband. Very much doubt that your ABH comes under moral turpitude they are very much aimed at 'intent'. My hubby was charged with section 20 as apposed to the mores serious section 18 with intent. He took the page he downloaded from the US government guidelines on visa regulation and this explained what crimes fell in the category of moral turpitude if your ABH charge doesn't involed intent you should be fine. I would also like to say my husband said he fretted over this far to much and was in and out as soon as he got there. They really are looking more at narcotics, terrorists and illegal immigrants and was asked more about the nature of his visit and dates than about his past. I will give you the details of the sight he went on but if you dont find what your looking for on here please get back to me and my hubby will advise you where else we went but this is their guidelines so they couldn't really go against it. Hope you manage to get sorted.

www.state.gov/documents/organization/86942.pdf

I have checked it out again for you and you need to look at
9 FAM 40.21 (a) N2.3-3

(3) Assault involving moral turpitude
a. Assault witn intent to kill
b. Assault with intent to commit rape
c. Assault with intent to commit robbery
d. Assault with intent to commit serious bodily harm
e. Assault with intent involving the use of a dangerous
weapon.