USA visa

[kaby]

with a reprimand n my record for soplifting a year ago how likey is it that i would be given a vise to america?
how long would it take to process?
thanks

[jno]

weeks. Don't bother asking them. Just get on the plane and tick the visa waiver form that says you haven't been accused of any offence involving drugs or moral turpitude, which you haven't so you won't be lying. But don't alert them by asking them about a visa first.

[Buenchico]

If you decide to do things 'by the book', the first two things you'll have to do are to obtain a copy of your police record (from your local police force) and book an appointment at the US embassy in London.

The police officially have up to 40 days to respond to your request for a copy of your record, but they've been known to actually take considerably longer than that.

Well over a month ago, somebody posted on AB to state that the earliest appointment they could get at the US embassy was for late June.

Putting those two things together, it might not be until well into August before you got an appointment at the US embassy, with a copy of your police record. Some people seem to get their visa within a few days but (by accepting a caution for theft) you've admitted to what the US authorities refer to as a 'crime of moral turpitude'. That could mean that it might take at least 3 months, and possibly up to 6, before you heard the result of your application. So it might already be too late to apply for a visa for travel in 2008. Additionally, with a recent offence involving 'moral turpitude', there's quite a high chance that you'd be turned down.

The US authorities have no direct access to UK police records. EU law prevents the UK from allowing the US immigration service to access them. The UK can only pass on specific information relating to individuals convicted of, or suspected of, cross-border crimes such as terrorism, drug-smuggling, etc. If you simply 'forget' about your caution, you'll have no problem entering the USA.

Chris

[jno]

yes, Chris is right and I was wrong, petty larceny does count as moral turpitude. I would still advise getting on the plane and ticking the box for No.

[kaby]

i was arrested however and had my finger prints taken and my eye scanned surely this will show p on their system when they take my proints over there? Is there a way to find out how much information shows up on their system?
thanks

[kaby]

Thanks chris and jno
so how big is the risk i am taking?
is it 100% that they do not have my records even with finger prints and an eye scan?
i stand to lose a lot as am travelling with my best friend and her grandparents
i dont want to ruin the trip for them.
if they have no uk records how do some people get caught when they lie?
thanks

[Buenchico]

As I stated EU privacy laws stop UK authorities from passing on information about offenders unless there is 'justifiable cause'. That means that the UK can give the US immigration service a 'watch list' of specific offenders who might be involved in (or suspected of) drug-trafficking, people-trafficking, child sex tourism, money laundering or terrorism, but they can't pass on general information (including finger prints).

The people who 'get caught' are either those on a watch list or people who answer 'yes' to the question about crimes of moral turpitude because they think that the immigration service won't mind when they explain that it only involved nicking a Mars bar 20 years ago. Additionally, some people try to enter under the 'Visa Waiver Program' after being turned down for a visa. That's almost certain to lead to entry being refused, simply because the traveller has already provided the US immigration service with details of his offences.

Over a third of all British men (and plenty of women too) acquire a criminal record before the age of 30. The US authorities aren't interested in trying to prevent the vast majority of them from visiting their country. If you're not on a watch list (and you've not already applied unsuccessfully for a visa), you'll have no problems getting in.

Chris

[kaby]

thankyou so much chris, you have put my mind at rest now and im just guna take my chances
if for any reason i was found out claiming complete ignorance would be plausable as until 2 days ago i had no idea about this system and no idea on the definition of 'moral turpitude'
im sure with the problems the USA have with terrorism etc these days they will not be intrested in wasting time on a young girl who has made one stupid mistake, do you know of anyone with personal experience?
thanks x

[Buenchico]

Thanks for your post.

If by 'personal experience' you're asking if I've met anyone who's told me that they 'sneaked in' to the USA by using the visa waiver program, the answer has to be 'No'.

However, several people have posted, here on AB, to say that they've had no problems entering the USA by simply 'forgetting' about their brush with the law. That includes one contributor (who has entered the USA, under the visa waiver program, on several occasions) with two convictions relating to class A drugs. If he can get in, so can you ;-)

Chris

[kaby]

ok cool thanks again
how come they take fingerprints and iris scans is it to track who's left the country and who hasnt?
x

[Buenchico]

Basically, yes. (It does also, of course, help them watch out for suspected terrorists, etc, who're on a 'watch list).

Chris

[Bluestar69]

let us know how u get on please. we are in the same situation

[Bluestar69]

any news?

[kaby]

im really sorry bluestar but im going after you in october. i have researched so much and it seems as though unless you are on INTERPOL or a terrorist/muderer/rapist etc you are pretty safe
EU laws out ruled allowing criminal records to be checked in the UK before you leave and EU privacy laws prevent Britain sharing their criminal record database.
goodluck
let me know how it goes if poss.ta xx

[Bluestar69]

i certainly will. its just so nerve rackin. i supposed to be getting excited not worrying like this lol

[michelle1]

took me 3 weeks for interveiw and one day for passport to come back. well worth it. going away with my daughters could not risk being sent back