Travelling To Usa With A Conviction

[mumblewumble]

Hope someone can help. My husband has a drink driving conviction from may 2012. we are going to florida in may 2013. he was honest on the esta form so was denied. he applied for a visa but was refused. he does have another EU passport (dual nationality) so could apply for an esta on that and just lie about the conviction but his fingerprints and photo were taken at the US embassy when he applied for a visa. Would they check either before getting on the plane or at border patrol in florida against visa application records? We really dont know what to do. Like others, this is the trip of a lifetime and we dont want him to get sent home or put in prison over there. Anyone any help?

[237SJ]

Well, his fingerprints and photo will be taken again at entry into the States and they will match them up to the ones in their database (from his Embassy visit). I`m surprised he was refused over a drink driving conviction. It`s very likely that on every planeload of passengers arriving into the states, there must be at least one passenger who has been convicted of drink driving. I know colleagues who have been "done" for drink driving and still get visas for the US (albeit work and not tourist visas).

[VHG]

I think using this "spare" passport to apply could get him in real trouble.

I would not have said anything in the first place as the US have no access to uk criminal records.

There are plenty of other places to have a trip of a lifetime.

[Buenchico]

>>>he applied for a visa but was refused

Did he ask that his application then be forwarded to Washington as an application for a 'waiver of permanent ineligibility'? That would have seemed to have been his only hope as it's highly likely that the US authorities would spot him (and, after locking him up, throw him out) if he sought to enter the USA on a different passport.

It's now too late to seek a waiver of permanent ineligibility (as the process takes several months) so it's probably best to cancel your holiday as soon as possible, in the hope of getting at least some of your money back.

[Bazile]

Just as a matter of interest - is it only the USA where a visa is automatically refused , following a conviction ?

Would a conviction matter to the authorities in other countries ?

[Buenchico]

Bazile:
From the website of the Canadian government:
"What are the common convictions that will make a person inadmissible to Canada?

Drink driving or impaired driving convictions (even if they are recorded as a traffic offence) where the blood alcohol reading is 0.081% or above – or a breath reading of 0401mgms/L or above, will make you inadmissible to Canada. Other common convictions that may make a person inadmissible to Canada are: reckless or dangerous driving, common assault, street racing, hinder or resist a police officer in the execution of duty, possession, supply, trafficking of drugs (including cannabis) and shoplifting (theft), fraud or criminal damage, to name a few"

[Bazile]

Thanks for that Buenchico .

For my further education would someone have to declare the convictions , if they are considered spent in British Law ?

[Buenchico]

Bazile:
Overseas administrations don't recognise the UK's Rehabilitation of Offenders Act.

e.g. see here:
http://www.usembassy.org.uk/visaservices/?p=136

[ABerrant]

Australia and New Zealand each may refuse entry to travellers having received within the past 10 years a conviction and sentence of 12 months or more. Such a conviction would rule the visitor ineligible for the fast-track visa-waiver/electronic travel authority schemes, in which case a visa application should be sought. There is no 'automatic' refusal of a visa from such an application but it is a possibilty.

Canada, Australia and New Zealand each has its own version of 'Rehabilitation of Offenders' type legislation but there is no direct reciprocity of these laws and that of the UK. However, since 1991 Canada has generally assessed criminal convictions obtained in the UK using the Rehabilitation of Offenders Act 1974 instead of under the Canadian Immigration & Refugee Protection Act. As a result, once a criminal record becomes spent under the 1974 Act, you cease to be inadmissible to Canada and are regarded as 'deemed rehabilitated'.

http://www.bouzanethomas.com/CriminalRehabLetter.pdf


Application for immigrant visas and non-immigrant visas (through ineligibilty for visa-waiver etc.) may require a Police Certificate.

http://www.acro.police.uk/police_certificates.aspx

[atalanta]

If he lies, and goes, and nothing untoward happens, he may well get away with it. But if he lies and goes, and at some point comes to the attention of the US police, he could be in massive trouble. If he does come to the attention of the police there, even if he is not at fault, the lie will come out.
So, it's a gamble. Are you prepared to take it ?

[THAIBUS]

Best to cancel the holiday or change your trip of a lifetime to another country. The Far East will welcome you and if you select you holiday carefully may have a much better holiday anyway without any worries.

[munchie63]

everyone gets fingerprinted on entry into the US, so surely his prints would match up with those taken at the embassy ? I'd be very surprised if they took those prints and didn't give Homeland access to them, as it would flag up those already refused visa's.

If he uses the other passport to try and get in, he may just get sent home, but they could also take it further. Very risky.

I'm surprised a DD charge resulted in no visa though