America and Visa again

[tattoo23]

I have read the past threads about convictions but would like to post my case and ask for advice?

I was convicted of serious assault ,assault and breech of the peace 16yrs ago

Should I apply for a visa before travelling to america or complete the waiver

any help would be of assistance
Thanks
David

[Buenchico]

Would you like the 'official' answer or the 'unofficial' one?

The 'official' answer is that the Rehabilitation of Offenders Act doesn't apply to the USA and you must apply for a visa. The process is likely to take around 5 or 6 months. It will involve attending an interview at the US embassy and, for much of the waiting period, you'll effectively be barred from international travel (because your passport will be held by the US authorities).

The 'unofficial' (but still accurate) answer is that the US immigration service has no access to the criminal records of any countries, other than those of the USA and Canada. The UK is prohibited, under European human rights legislation, from making personal information (including criminal records) available to foreign governments without 'justifiable cause'.

If you're suspected of cross-border crime (such as drug-trafficking, terrorism or sex tourism) the US authorities will be notified of those suspicions (and of your criminal record, including unrelated offences). Otherwise, they'll know nothing about your past and you'll be able to enter under the Visa Waiver Program.

Chris

[gem69a]

i would apply i mean i was arressted 11 years ago and im going for a visa but then again iv been twice and getting in with no problems,i think i might be pushing my luck by trying it a third time.And now i know that i should have a visa sitting on the plane for nine hours and getting sent back ill be a nervous wreck not to mention i would have lost about 3 grand and it will devastate my kids but its up to you iv risked it twice with no probs xx gemma

[dzug]

You may be committed to trying a third time gem69a.

If you apply for a visa now they will note that you used the visa waiver scheme when you were not strictly entitled to. There is a danger they will turn you down - not for your record, but for lying about it previously.

[tigwig]

Chris, no offence but my hubby went to US embassy for visa (see my reply on other post for details) and we were not barred from travel for 6 months while US authorities held his passport, it took 7-10 days until they returned it but in fairness that could be because he got granted a visa no problem