US Visas

[Jomax007]

If you have a criminal conviction (Dangerous Dogs) can you still go to the US. I have been told that you cant but is this correct

[sumo19]

You can still go to the USA with a criminal conviction if the crime committed was not involving moral turpitude.

Crimes involving moral turpitude have a base of evil doing and are not moral or ethical. These involve theft of any kind, acts of violence (excluding common assault), fraud; generally acts that are contrary to one's obligations to society. Crimes not involving moral turpitude would involve drunkeness.

I do not know if your conviction in one of moral turpitude. This is a hard crime to assess since the motives for owning the dog will be under heavy analysis. If it is determined that you owned these dogs in order to intimidate people, the this crime may be determined to involved moral turpitude in the eyes of the US consulate officers who issue Visas. You should contact a specialist US visa lawyer.

If you turn up to the US border and they have decided specifically to look into your history and they uncover this and deem it to involve moral turpitude then they will send you home. After all, it is thier opinion that counts, not of the US visa lawyer, but the two sides should generally agree; however as I say your situation is hard to call as it is not clear whether your crime involved moral turpitude.

How old were you when you had this conviction? What fines/imprisonment (if any) or penalties did the courts impose on you? How long ago was the conviction?

[Buenchico]

(2 part post):

Any criminal conviction (or even an arrest, irrespective of innocence or guilt) bars a person from entering the USA WITHOUT a visa:
http://london.usembas..._and_convictions.html

A conviction MIGHT also bar someone from travelling WITH a visa:
http://london.usembas...sa/niv/add_crime.html

Applying for a visa (with a criminal conviction) can take several months. The longest wait I've seen reported, here on AB, was from someone whose partner had two convictions for driving without insurance. He waited 15 months before being told that he would not be granted a visa.

To apply for a visa, follow the procedures given in the second link, above.

[Buenchico]

However the US authorities are actually only really interested in convictions relating to drugs, and to offences of 'moral turpitude'. People who 'forget' about their arrests and convictions, and a apply for an ESTA (in order to enter the USA under the Visa Waiver Program) , have to answer this question:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
https://esta.cbp.dhs.gov/
An offence under the Dangerous Dogs Act does not appear to fall under 'moral turpitude':
http://www.faqs.org/qa/qa-8222.html
So the answer 'No' could truthfully be given to that question.

The US authorities have no direct access to UK criminal records, so many (most?) people with criminal convictions 'chance it' and try to enter under the Visa Waiver Program. Most probably get in without any problems but if, for example, the US immigration service erroneously suspected that the traveller might be a terrorist or carrying drugs, they could ask their British colleagues to run a check. If that check showed that the traveller had lied about not having any criminal convictions he would be automatically barred from entering the USA.

Chris

[sumo19]

Buenchico that is correct in what the London Embassy say, but that statement is not stipulated in law. Under law, a person may still travel if they have been arrested and/or convicted of a crime NOT involving moral turpitude

[factor-fiction]

Excellent answer from Buenchico who never ceases to amaze me with his knowledge and helpful approach to life.
I think you'll almost certainly be okay (provided the possible visa delay doesn't mess up your plans)...but don't try to take your dog with you!

[sumo19]

It is not just the crime that is significant, it is also the motives and the US Authorities could consider this a crime involving moral turpitude! Which is why I say seek a US visa lawyer.

[1313gray]

Hi
You will probably be granded a visa but you do need to apply for one and not just travel on the ESTA. I would try getting an appoinment with the embassy at Belfast they usually have a much shorted waiting list but apply in plenty time to give youself time to get all your documents together ie police recored sheet ect. Once you have been as your visa is granted you pretty much get it straigh away usually the next day by special post. Your much safer to do it through the proper channels and you will be granted your visa to travel for the next maybe 10 years without having to worry about it again. Hope you get it sorted x

[Jomax007]

I adopted a dog - only had it for 3 months. By the time I adjusted to the fact that the dog had serious problems that I would never be able to resolve I had it put down but then the police decided to prosecute. I got no fine or cost awarded against me and they said it was conditional after 6 months if I didn't commit another crime. I must admit I view things very differently now

[1313gray]

You will be fine but for the simple fact that you have even been arrested let along charged you would still need to apply to the embassy for a visa. Ring the embassy and they are usually very helfull.