AMERICAN B2 VISA WITH 2 THEFT OFFENCES

[LauraB123]

Im hoping to go to Orlando on Holiday. I have a caution for theft from employer in 2006 and a Fixed Penalty Notice (Fine) for Theft from store in 2005. I am 27 now.

What hope do I have of getting a visa? Thanks for your help!

[Buenchico]

Cautions and FPNs aren't the same as convictions but accepting them (rather than contesting the matter in court) constitutes an admission of guilt. Under the provisions of the US Immigration & Nationality Act "any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of . . .a crime involving moral turpitude" is inadmissible for entry into the USA. (There are certain exceptions, relating to the maximum penalty which could have been imposed for the offence and to offences by minors, but they're not relevant here).

Theft falls within the definition of 'moral turpitude' so the US embassy has no choice other than (in the first instance) to refuse you a visa. You can then apply for a waiver of ineligibility, which has to be considered by officials in Washington. The whole process is extremely lengthy. The longest wait I've seen reported here on AB was someone whose husband waited for 15 months to see whether he could be granted a visa after two offences of driving without insurance. He then got a refusal.

Your chances of getting a B2 visa are probably quite low. If you apply now you might be in time (if you get the visa) to travel in the summer of 2011.

Most people around here would probably advise you to simply 'forget' your brushes with the law and apply for visa-free travel, using an ESTA. The US authorities have no direct access to UK criminal or police records. You'd probably get in but it's up to you to decide whether you're prepared to 'chance it'.

Chris

PS: Why do so many people want to go to the USA on holiday? It certainly wouldn't be among my 'top 50' destinations. I doubt that it would even be among my 'top 100'.

[MarkRae]

> PS: Why do so many people want to go to the USA on holiday?

I have no idea...


> It certainly wouldn't be among my 'top 50' destinations. I doubt that it would even be
> among my 'top 100'.

Agreed.

[jno]

If you've got half an hour, Chris, I'll list my reasons...

[LauraB123]

Buenchico - If we decide to chance it what would be the worst case scenario if i was caught? would it have a knock on affect for the party i was with? Many thanks

[Buenchico]

If you were caught (which, as I've said, is extremely unlikely) you'd be refused entry and probably put on the first available flight back to the UK, at your expense. If the only seat available was in business class, at several thousand pounds, you'd have to pay it. While waiting for a suitable flight you'd be held in custody (i.e. locked up in a cell or in a room in the immigration suite). There's no obvious reason why anyone travelling with you would be affected by your problems but possession of a valid visa (or the correct completion of an ESTA application) is not a guarantee of entry into the USA, so it's still possible that those travelling with you could be refused entry.

Attempting to enter the USA without the correct documentation isn't, in itself, a criminal offence. (The thousands of Mexicans who attempt to get across the US border every day aren't breaking an American laws). However lying on an ESTA application is. (It constitutes fraud). So there's a theoretical possibility that you could be arrested, brought before a court and imprisoned.

I repeat that I think that it's very unlikely that you'd have any problems if you tried to enter the USA under the Visa Waiver Program, with an ESTA. It's even more unlikely that you'd end up in prison. But your question asked for the worst case scenario, so I've given it.

Chris

[LauraB123]

Thanks for all your help Chris. I have a caution for a crime of moral turpitude but was never arrested. Therefore, due to the ambiguous wording of the ESTA question I can truthfully say that I was not convicted or arrested. Has anyone been through this process recently as a lot of the people getting through on the Visa Waiver by answering NO seem to be from a few years ago. I will post back and tell you how I get on either way...

[LauraB123]

Buenchico just wondering what you make of this link http://www.cbp.gov/xp...p_2008/09232008_4.xml on data sharing between the UK and US? also what do you make of this freedom of information request http://www.whatdothey...n_with#incoming-41038 I would be interested to know your thoughts in relation to my position. Regards....Laura

[LauraB123]

Also found this http://www.interpol.i.../ncb/i247/default.asp which suggests data is shared