HELP! Can we go to Florida with a former convict??!!

Actually it is serious, according to US regulations dad does have to get a visa and that means filling in the form, handing over lots of money, getting an interview with the US embassy in London and then - hopefully - getting a visa.

But this process does take several weeks especially as dad has to get details about his convictions prior to the interview

http://www.usembassy.org.uk/cons_new/visa/niv/add_crime.html

But now the only hope is that the UK authorities haven't got dad's crimes on file and that therefore the US authorities won't knw he's been convicted. He's also going to have to lie (which is an offence in itself) on the Visa Waiver form.

If he is detained in the US, then he'll be sent back at his own expense AND he won't be allowed into the US for at least a decade and it will affect trips to other countries as well

http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

http://www.usembassy.org.uk/cons_new/visa/niv/add_req.html

To the US government he has served a jail term, therefore he is a criminal.

Visa definitely needed - assuming that the details have been recorded by the UK authorities and the US has access to them

This is back on the old question again.


To be safe the answer has to be get a VISA. Will cost about £60 and normally asts as long as your passoport is valid.

However, I would say the chances of him getting stopped by US Immigration are the same as winning the lottery. We all have a chance, but know that it is unlikely to be us.

Firstly you would not have to lie on the Visa Waiver Form (I-94W) that you fill in (normally on the plane). The question that it asks reads:

“Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”

If you read it properly and also look up the definition of “turpitude” you will realise that most minor offences are not covered by the question. I know the Yanks are a bit strange when it comes to words and phrase, but even they could not come up with such a wordy and verbose question if all they wanted to ask was “have you ever been arrested and/or convicted of any offense”? Could they?

Furthermore, how do you think they would know whether anyone has a been arrested or has conviction? The UK and US authorities do not routinely exchange information excepting that relating to international crimes, terrorism and similar. And in any case the UK system is so useless they have probably lost any trace of your relatives file anyway. And, even if they did still have and US also had it how do you think they would be able to associated the person in the file with the person entering the US? Your Passport does not contain your address only name, DoB and place of birth. So trying to associate a 25 year old convictionwith someone with just that basic info would be nigh on impossible.

My advice is do not worry about it, tick the NO box on the Visa Waiver Form and enjoy your holiday. If you are travelling as a familly they will not give you a second glance.