ChatterBank0 min ago
Motor conviction led to small prison sentence, odds of getting US visa?
My partner was involved in a car accident 6 years ago and was given a short sentence in prison. We go to the us 8 weeks on sunday. Should we apply for a visa or risk it? Will they give one as the person was in prison??
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why dident you read all about this before you posted your question,this is asked hundreds of times,the american immigration have NO access to our criminal records,so therefore tick the boxs on the form as they want it and he will be ok,you are too late to apply for a visa,of which he would be turned down anyhow,yes BBWCHATT point out every time the same answer,but thousands of people with convictions get in the US ever year with no problems.
As Norman indicates (with his usual lack of courtesy), the US authorities have no direct access to UK criminal records. The UK authorities do pass some information on but it's extremely unlikely that your partner's conviction would be made known.
Anyway, if you intend to travel in 8 weeks time, you'd have no chance of getting a visa anyway. It could take up to 6 weeks for your partner to get hold of a copy of his criminal record, from your local police force. The waiting time for an interview at the Us embassy is currently 2 to 3 weeks. The post-interview wait is quoted on one page of the embassy's website as a minimum of 8 weeks. On a different page it's quoted as a minimum of 14 to 16 weeks. (i.e. you need to allow at least 5 months to get a US visa with a criminal conviction).
Chris
Anyway, if you intend to travel in 8 weeks time, you'd have no chance of getting a visa anyway. It could take up to 6 weeks for your partner to get hold of a copy of his criminal record, from your local police force. The waiting time for an interview at the Us embassy is currently 2 to 3 weeks. The post-interview wait is quoted on one page of the embassy's website as a minimum of 8 weeks. On a different page it's quoted as a minimum of 14 to 16 weeks. (i.e. you need to allow at least 5 months to get a US visa with a criminal conviction).
Chris
Exception Clause (i)(I) shall not apply to an alien who committed only one crime if�
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime)
&&&&&&&&&&&&&&&&&
*****************************
more than 5 years
&&&&&&&&&&&&&&&&&
*****************************
before the date of application for a visa or other documentation and the date of application for admission to the United States
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime)
&&&&&&&&&&&&&&&&&
*****************************
more than 5 years
&&&&&&&&&&&&&&&&&
*****************************
before the date of application for a visa or other documentation and the date of application for admission to the United States
Pauletta:
(I was typing while you were posting). European legislation means that no EU government can pass personal information (including criminal convictions) about its citizens to any other body (including foreign governments) without 'justifiable cause'. (e.g. governments are free to pass on information which is intended to prevent drug-smuggling, terrorism or sex tourism but they can't make the whole of their criminal records database available to other governments).
The US immigration service have no direct access to any criminal records except those of the USA and Canada (which shares a common database with the USA).
Chris
(I was typing while you were posting). European legislation means that no EU government can pass personal information (including criminal convictions) about its citizens to any other body (including foreign governments) without 'justifiable cause'. (e.g. governments are free to pass on information which is intended to prevent drug-smuggling, terrorism or sex tourism but they can't make the whole of their criminal records database available to other governments).
The US immigration service have no direct access to any criminal records except those of the USA and Canada (which shares a common database with the USA).
Chris
IF you do get 'caught out' then your partner (boyfriend or business partner?) will be refused entry. As he has then been refused entry to the US he will need a visa for any subsequent visits.
At immigration they do ask questions - usually along the lines of when were you last in the States? What is the purpose of your visit? (holiday will suffice). What do you intend to do whilst here? (When visiting New York I just answered shopping!). It can be a little intimidating even when you haven't done anything wrong so just front it out and be calm, polite and smile. Remember though that these blokes (and women) do not have a sense of humour so remain business like but with a smile.
At immigration they do ask questions - usually along the lines of when were you last in the States? What is the purpose of your visit? (holiday will suffice). What do you intend to do whilst here? (When visiting New York I just answered shopping!). It can be a little intimidating even when you haven't done anything wrong so just front it out and be calm, polite and smile. Remember though that these blokes (and women) do not have a sense of humour so remain business like but with a smile.
I've been asked the occasional question like 'how long are you staying?', but never 'have you ever been to prison?'. By the time you get to immigration their main concern is your future rather than your past. Just tick the box on the visa waiver form on the plane that says you've never been convicted of a crime involving moral turpitude.
Don't worry you will not get caught.
I have two convictions from years ago and i found out a week before i was going to Australia that i needed a different visa and was meant to tell them. I didnt have enough time to get this visa, it takes months. I did call this company (the APEX trust 08706084567) that told me there was no way they could find out your convictions, it would be impossible to check everyone, just think how many people that is!
I had to lie on a form they gave me on the plane as it asked if i had a any convictions, obviously i ticked 'no'.
They did stop me at the bit where they check your passport and asked if they could photocopy it. I didn't know why but was too jet lagged to care! found out it was just a random check they do to anyone. I wasnt caught, had my holiday and came home fine. You will be too so dont worry and have a good time.
I have two convictions from years ago and i found out a week before i was going to Australia that i needed a different visa and was meant to tell them. I didnt have enough time to get this visa, it takes months. I did call this company (the APEX trust 08706084567) that told me there was no way they could find out your convictions, it would be impossible to check everyone, just think how many people that is!
I had to lie on a form they gave me on the plane as it asked if i had a any convictions, obviously i ticked 'no'.
They did stop me at the bit where they check your passport and asked if they could photocopy it. I didn't know why but was too jet lagged to care! found out it was just a random check they do to anyone. I wasnt caught, had my holiday and came home fine. You will be too so dont worry and have a good time.
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