i-94w visa,convictions and going to usa,help

bwatt00

Going to usa on holidays soon,girlfriend wants to come along,but she has a criminal record, a few years ago got done for drink driving that day after and was a very tiny amount over limit,got a fine and lost her licence.
The person that grassed her she seen him and he provoked her when out drinking one night well say a year later and she took the contents of the drink and threw the drink over his face and the glass,with no harm to the guy,but she got convicted and done for assult which i think is crazy for what she did and a fine again and court.
She has never did time or been to jail etc.

I think these are very minor convictions,we have been looking into this and find all sorts of answers if she needs to apply for a visa or not,she has even called the us embassy and they say needs a visa.

But they would say that anyway,the question is it says moral turpitude,i looked and her stuff does not come under that so i think she is ok to tick no,i also hear of people going there all the time with convictions and are ok,they dont want people like her but the big fry.

Bbut she is very worried and does not want to get into trouble or with the law again.

Will she be ok to travel with that vwp visa?

Also do they have access to her records and will they check?

Aslo i see that they are coming out with esta which is electronice visa on the 1st august it can be done if wanted then but will be required by all next year,she wonders if she did tick no and went and applied for this on a later date would questions be asked.

I honestly want her to go,but i dont want her to be messed up for a long time as we have plans of going other places in usa,many have said to me she is ok and just tick no,i wish i could know for sure.

She and i are just so confused as to what to do about it all,anyone on here been to usa have convictions and for what and used the vwp visa and was it ok,i just need to hear from others who have just went and what convictions they had to compare.
I cant honestly believe that they would require her to mess about going to embassy and all that for what she has done.

punkstoner

She does not qualify for the vwp.

I can tell you that for free.

Is it worth her getting arrested on entry to the states, kept in a nick, questioned and deported at her own cost, with her passport stamped deported.

It is debateable if they can check. Who is to say she will not get grassed up though(remember the DD).

Just go to the embassy with her. Sure its expense up front, but could save a lot of tears and hardship later on, at a time when you are supposed to be enjoying yourselves.

I would rather have a seven hour flight worry free, and look forward to my holiday rather than worry i aint getting in the country.

either go the embasssy, or go somewhere else. USA aint that great.

my 2p's worth.

debs66_2

i can't help with the 'going to US with offences under my belt' question, but i can tell you immigration don't mess around. don't expect a smiley entry and a 'welcome to our country'. despite the adverts on TV asking us to visit every movie set we've ever seen, immigration officials seem devoid of the word 'holiday' in their vocabulary.

last year, we met two friends out in Vegas for the day, who had flown out for their honeymoon. both late 20s/early 30s. both teachers. clean cut. lovely couple. at immigration, the guy had a new passport, and he was hoiked off into a separate interview room...

Q: "why do you have a new passport?" A: "because my old one expired and i need 6 months validity on a passport to come here."
Q: "why didn't you bring your old passport as well?". A: "because i have a new one"!!!

seriously, this guy was freaked out. he'd never been to the states before. they only came round when they asked what he was going to do while over there and he said he loved custom cars and was going to a few evening 'meets'. luckily, the immigration guy was also a fan and they struck up a friendly conversation.

i suppose my point is, if you do go without a visa, just answer the questions as they come. no joking. no nothing. it sounds like your GF could have a temper. these people aren't like the lax British, and turning you round and sticking you on the next plane wouldn't be a problem to them.

punkstoner

i should have added, if she goes to the embassy as american law requires she will have no problems getting a visa.

It does seem a bit crazy to want to break another countrys laws before you even get there.

If yankie immigration dont have direct computer access, its only a matter of one phone call to your local police force, and she is going home with the very pesky 'deported' stamp.

after that, prepare for problems with immigration EVERYWHERE.

i know a little bit about this, i work for a rather large american aircraft manufacturer.

Incapuppy

If you do a forum search you will find that the subject of travelling on the vwp (with queries about previous offences) has been covered quite a lot recently.

Voyager2002

There is a very simple solution. If your flight is to somewhere like New York, you just head north (I suggest the trains) and meet her in Canada. If you are going to arrive somewhere like Florida or Texas, then you meet in Mexico or maybe make your way to Havana. That way, you still make use of your flight but holiday together in a country where you would both be welcome.

And I don't think your GF should consider visiting the USA. Hot-tempered people like her can easily get shot there: in a country where guns are often carried that drink-throwing incident could so easily have ended in a shooting.

shadej

They say she needs a visa but only so they can make extra money. I know plenty of people that have been to America with a criminal record, even my own sister who has been twice this year and she went with me last summer to Florida. She has been to prison. If you declare it then yes they will ask. If it was murder, rape or something serious then I would say tell them but for a petty offense then don't bother. As someone who has been to the states with people who have convictions i can safely say they wont know. My mum went to prison in the 80 and has been to America every year. She even went in feb. I have never heard anyone being sent back for minor offenses. I do know of someone who was sent home but that conviction was kidnapping. There is no possible for them to track the criminal history of everyone who enters the states, just as England cant track all of Americas criminals.

dzug1

She doesn't need a visa.

Neither crime is moral turpitude.

The US Embassy will tell she needs a visa so that IT can make the moral turpitude decision (probably rightly it doesn't trust the British public to decide for itself - it's the NATURE of the offence, not whether it was 'minor' or not. Stealing a mars bar is moral turpitude to exactly the same degree as stealing £1M).

bwgames

The US Embassy says:

Important: 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.

So.....

benjus

bwgames wrote: »

The US Embassy says:
So.....

What the US embassy website says is not the same as the conditions you commit to when you complete the VWP form. This is what the actual conditions look like: http://www.seisdeagosto.com/indica/wp-content/uploads/2008/04/visa-waiver.gif

d123

benjus wrote: »

What the US embassy website says is not the same as the conditions you commit to when you complete the VWP form. This is what the actual conditions look like: http://www.seisdeagosto.com/indica/wp-content/uploads/2008/04/visa-waiver.gif

Seems the US embassy here is making up their own definitions, as someone has already posted, it's probably just a revenue gathering exercise by them.

There is actually a full definition and list of "moral turpitude" offences on a wiki page.
http://en.wikipedia.org/wiki/Moral_turpitude