US Visa Waiver Program

[Booldawg]

This seems to be the easier way to gain access to the US as I'm visiting there for 2 weeks next year. One small problem, I was arrested and let off with a caution (it didnt go to court) when I was young and stupid for a daft criminal damage charge. This was back in 1988, will this affect my eligibility to waive the visa? Or do I need to apply for a full visa?

[dzug]

Technically and legally you need to apply for a visa.

In reality they aren't going to know about it if you don't tell them.

[Booldawg]

Do they not have a way of checking?

[dzug]

Yes they do have a way of checking - they swipe your passport through their computer which checks it against a database. In that database will be records of serious crime received from the UK authorities. It won't have trivial things in it, particularly if it never went to court.

Don't ask me when something becomes serious.....

[Booldawg]

haha, thanks DZUG, you've put my mind at rest. I'll go with that option.

[JonnoGenie]

Dzug is talking rubbish. He does not adress 'Moral Turpitude', but scare-mongers instead.

[Booldawg]

so whats your take on it jonnogenie?

[matt66]

a criminal damage charge that did not go to court in 1998. You must be joking about applying for a visa. Info like that is not given to the US. You have absolutely nothing to worry about. On the form given to you in the plane just say nothing about this.

[Booldawg]

I've applied for an A96 form from the police. This will tell me what the PNC has on record about me.

[dzug]

Hmmm I thought I was doing the opposite of scaremongering

[JonnoGenie]

Ok here is the situation. And apologies to Dzug, he posts some good stuff, I just get a bit tired at the amount of misinfo re: US visas.

There is an apparent contradiction re: US visas. You can enter on the Visa Waiver Scheme if you have not been arrested/charged with a crime of moral turpitude. On the other hand the embassy will tell you you have to apply for a visa, if you have any arrest/charge at all. Let's be honest, if the US applied the latter rule strictly, their tourism industry would collapse.

I have a Visa Waiver form in front of me. The box in question reads...
'B. Have you ever been arrested or convicted for an offence or crime involving moral turpiture or a violation related to a controlled substance; or been arrested or convicted for two or more offences for which the aggregate sentance to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?'

Summarising legalese is prone to confuse, but the way I read it moral turpitude involves some intent to harm others or society, not just yourself.

Here is the Embassy manual, read this and reach your own conclusion.
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf

...And having gone though the process, for heavens sake don't apply for a US visa unless you really have to!

[Booldawg]

Thanks Jonno thats fairly concise, taking into consideration the whole 'greyness' of the definitions! I think I'm ok