US Visa with a Criminal Record...Need help!
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i know which option i would take
put it this way after 15 years the council have just told me to take down the castle ive hidden down the bottom of 4 acres field0 -
I've been to America many times (fortunately I do not have a criminal record of any sort) however if this conviction is classed as being "spent" in this country this should help his cause.
I would STRONGLY advise you to do this by the book and declare it if required at the visa application process. If he is caught lying to American immigration if he is lucky he will merely be put on the next flight home (at his own expense) however there is the possibility that he will face charges in America for not declaring it and I have no doubt that no insurance policy will cover those legal expenses.
As a final thought, if he is turned away at American Immigration for lying to them I would suspect that in this modern day computerised society his name will suddenly be added to other black lists too causing even more problems.
At the end of the day, if he can demonstrate that this was a one-off mistake many years ago and that the offence was possession and not supplying drugs he might just get a sympathetic hearing.
Either way, he would know now before the holiday is booked.
Good luck, I hope you manage to get there as America has some amazing places to visit.
The US regulations make it very clear that a conviction of any sort is never 'spent'.
Whilst not giving advice, it is pertinent to point out that the chance of such a conviction being discovered by US immigration is close to zero.
They do not have access to Police records; in fact such a conviction is very probably not recorded on the Police Computer.0 -
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We're going to go down the official route. It was 12 years ago, he was convicted of having 1 tab of acid and fined. He's been living in Australia and he got the visa no problem. I don't mind losing a couple of hundred quid if he is denied a visa, but we could lose thousands if he gets refused once in the US,0
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Spent convictions mean nothing in terms of application for a visa. In fact if you read the form it doesn't even need to be a conviction, just an arrest. I'm sure the usual suspect will be along soon with the 'moral turpitude' speech.
Going through the proper process nobody can say if he'll be approved or not. That is at the discretion of the embassy.
As has already been suggested many would say just lie on the ESTA.0 -
interstellaflyer wrote: »If a minor possession charge is enough to get an ordinary person refused entry, how the hell do rock stars get in, I mean Paul McCartney, Keith Richards, Mick Jagger, Eric Clapton, the list is far too long, double standards surely?
Amy Winehouse, Boy George, Ian McEwan, MIA and Cat Stevens have all been denied US visas.
Though people should be treated equally when applying for US visas - for every "ordinary person" refused a visa, hundreds more slip in. Same with celebrities (you may question how - but the computers that decide these things don't recognise the name of a celebrity then go and do an internet search to find out about them!).0 -
callum9999 wrote: »Amy Winehouse, Boy George, Ian McEwan, MIA and Cat Stevens have all been denied US visas.
Though people should be treated equally when applying for US visas - for every "ordinary person" refused a visa, hundreds more slip in. Same with celebrities (you may question how - but the computers that decide these things don't recognise the name of a celebrity then go and do an internet search to find out about them!).
Visa approval isn't done by computer, but by humans. To get a visa through the embassy her partner will need to go to London and attend an interview. That is after sending payment and a copy of the conviction to the embassy.0 -
They do not have access to Police records; in fact such a conviction is very probably not recorded on the Police Computer.
I can't speak on what records they have access to but I can assure you that a conviction for possession of drugs in the last 15 years WILL be recorded on the Police National Computer.
It could be an idea to obtain a "Subject Access Request" from your local Police Force. This will cost about £10 and should provide you with everything the Police hold both locally and nationally about your husband. This would help to show that he has not been in any trouble since this conviction.
With regards to the good old "moral turpitude" I have never been able to find an exact definition of what this involves however the list on Wikipedia (http://en.wikipedia.org/wiki/Moral_turpitude) does not list drug offences.0 -
With regards to the good old "moral turpitude" I have never been able to find an exact definition of what this involves however the list on Wikipedia (http://en.wikipedia.org/wiki/Moral_turpitude) does not list drug offences.
It lists them neither way - neither as CIMT nor not CIMT
But that's not the point. There's a second part to the question on the ESTA form being:
or a violation related to a controlled substance
so they've got you there anyway0 -
There are countless threads on this subject on the Orlando Forum of Trip Advisor. This is a link to a recent one.
http://www.tripadvisor.com/ShowTopic-g34515-i19-k5096504-Visa_with_criminal_record-Orlando_Florida.html
On another thread a poster's husband applied back in Feburary for a Visa which, although approved, still isn't here yet.
Just do a search over there and you will find lots of relevant and up-to-date information on the procedure necessary to go down the Visa route.
Incidentally, I would ignore the folks who tell your hubby not to bother getting the Visa. I was on a plane that tlanded in Las Vegas and two poeple from it were denied entry and sent back on the same plane.
I hope you get it sorted out and have a great holiday.0
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