ChatterBank15 mins ago
Hi please can someone shed some light on this Visa related questiobn
Hi,
I am looking to travel to Florida in January 2011, and am british national.
I was a little concerned I have a criminal record for 'harrasment' which lead to community service in 2008, for 150hours is this going to restrict my travel to the US?
I have no other convictions. or been locked up
please someone help
I am looking to travel to Florida in January 2011, and am british national.
I was a little concerned I have a criminal record for 'harrasment' which lead to community service in 2008, for 150hours is this going to restrict my travel to the US?
I have no other convictions. or been locked up
please someone help
Answers
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search the site for similar questions there \are loads:
http://www.theanswerb...l/Question356167.html
http://www.theanswerb...l/Question356167.html
(2-part post):
The rules on the US Embassy website state that anyone who ever been arrested or convicted of an offence is obliged to apply for a visa. The process is quite lengthy, involving getting hold of a copy of your police record from The Association of Chief Police Officers and attending an interview at the US Embassy in London. ACPO normally provide a Police Certificate within 10 working days. The current waiting time for appointments at the US Embassy is 15 days. The current processing time for visa applications is 4 days:
If US Embassy staff decide that your offence does not fall within the definition of 'moral turpitude' they have discretionary power to issue a visa. If your offence is classed as moral turpitude you will automatically be refused a visa. (Embassy staff have no choice in the matter. The US Immigration and Nationality Act bars you from entry). However you can then have your application passed to the United States Department of Homeland Security Customs and Border Protection, as an application for a 'waiver of ineligibility'. The MINIMUM processing time for such an application is 16 weeks. (There have been reports, here on AB, of some applications taking over a year to be processed).
US Embassy page:
http://london.usembassy.gov/add_crime.html
Statutory definition of 'moral turpitude':
http://www.state.gov/...rganization/86942.pdf
The rules on the US Embassy website state that anyone who ever been arrested or convicted of an offence is obliged to apply for a visa. The process is quite lengthy, involving getting hold of a copy of your police record from The Association of Chief Police Officers and attending an interview at the US Embassy in London. ACPO normally provide a Police Certificate within 10 working days. The current waiting time for appointments at the US Embassy is 15 days. The current processing time for visa applications is 4 days:
If US Embassy staff decide that your offence does not fall within the definition of 'moral turpitude' they have discretionary power to issue a visa. If your offence is classed as moral turpitude you will automatically be refused a visa. (Embassy staff have no choice in the matter. The US Immigration and Nationality Act bars you from entry). However you can then have your application passed to the United States Department of Homeland Security Customs and Border Protection, as an application for a 'waiver of ineligibility'. The MINIMUM processing time for such an application is 16 weeks. (There have been reports, here on AB, of some applications taking over a year to be processed).
US Embassy page:
http://london.usembassy.gov/add_crime.html
Statutory definition of 'moral turpitude':
http://www.state.gov/...rganization/86942.pdf
The usual advice, here on AB, has been to simply 'forget' about any convictions, and to enter the USA under the Visa Waiver Program (via an ESTA). The US immigration authorities have no direct access to UK criminal records. That had been confirmed by the Home Office:
http://www.whatdothey...inal%20reply.doc.html
However a post from DevilRed suggested that US officials might be getting information via a 'back door' route:
http://www.theanswerb...l/Question912084.html
Chris
http://www.whatdothey...inal%20reply.doc.html
However a post from DevilRed suggested that US officials might be getting information via a 'back door' route:
http://www.theanswerb...l/Question912084.html
Chris
US courts, across various states, have been trying to define 'moral turpitude' for years!
However my second link, above, goes to the definition which the U.S. Department of State Foreign Affairs actually uses for immigration purposes.
(AAAGH!!! I've just checked. For some strange reason, my link is dead. With a bit of luck, this should work instead: http://tinyurl.com/3afsm8g )
Since the USA doesn't have laws specifically against 'harassment' it's not listed in either the 'included' or 'excluded' categories used when determining what is, or isn't, moral turpitude. I'm guessing that it's not moral turpitude but it would be up to the US Embassy to make their own decision.
It's up to you to decide for yourself whether you want to 'chance it' and seek an ESTA. However if you decide to apply for a visa there's nothing a travel agent can do to help you. You need to apply directly to the US Embassy, submitting your Police Certificate and other relevant documentation:
http://london.usembassy.gov/b2.html
Chris
However my second link, above, goes to the definition which the U.S. Department of State Foreign Affairs actually uses for immigration purposes.
(AAAGH!!! I've just checked. For some strange reason, my link is dead. With a bit of luck, this should work instead: http://tinyurl.com/3afsm8g )
Since the USA doesn't have laws specifically against 'harassment' it's not listed in either the 'included' or 'excluded' categories used when determining what is, or isn't, moral turpitude. I'm guessing that it's not moral turpitude but it would be up to the US Embassy to make their own decision.
It's up to you to decide for yourself whether you want to 'chance it' and seek an ESTA. However if you decide to apply for a visa there's nothing a travel agent can do to help you. You need to apply directly to the US Embassy, submitting your Police Certificate and other relevant documentation:
http://london.usembassy.gov/b2.html
Chris
by the way Hi Chris thanks for coming back to me so applying for a ETSA is chancing it?
what do you advise I do, if you say something I wont neccessarily take what you say and do it but please put yourself in my shoes and tell me what you would do...
Im really stuck because I have no idea what to do
what do you advise I do, if you say something I wont neccessarily take what you say and do it but please put yourself in my shoes and tell me what you would do...
Im really stuck because I have no idea what to do
I'd chance it. The usual position is that the US authorities don't know what you've been up to unless you tell them (or unless you're a really big-time mafia don, money-launderer or terrorist). There was one thread that Chris linked to, by DevilRed, suggesting otherwise, but it's the only one I've ever seen. So I'd just apply for an Esta online and forget your past misdeeds. Do it on this site:
https://esta.cbp.dhs....EBB-9AE3-3518A6F2569A
(because there are spoof sites around that will charge you). And do it before September 8, when Washington starts to charge $14.
I don't know what Chris's answer would be but probably the same.
https://esta.cbp.dhs....EBB-9AE3-3518A6F2569A
(because there are spoof sites around that will charge you). And do it before September 8, when Washington starts to charge $14.
I don't know what Chris's answer would be but probably the same.
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