Visa or not?

jenny2115

Advice needed please.... my son is going to america in June, he has one SP30 for speeding which gave him 3 points and he got another conviction in 2004 for speeding and failing to stop which resulted in another SP30 charge and him getting 6 points and a £100 fine. (stupid he knows... he panicked and didn`t stop)


Can anyone tell me if he needs to get a visa for entry into the US, he has a valid 10 years barcoded passport at the moment.


Any advise would be appreiated.

J :-)

cundall

I dont think he will need one (visa) as i have DD40 and have no issues, its only criminal convictions where you require them, though i dont know which section failing to stop goes. If it is a motoring offence then you should be fine though the only real option is to contact: U.S. Embassy - http://www.usembassy.org.uk - only number i can find is 09042-450100 - ************* 1 pounds 20 minute.

Good luck

pin

According to the US embassy website:

"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

Cardew

He doesn't need a Visa and can enter under the Visa Waiver scheme.

jenny2115

major problems now....

phoned the £1.20 line and they said that he does need a visa, but before he can even apply for an appointment he needs to get a subject access statement...this can take up to 40 days to come (nearly 6 weeks), then he phones for an appointment, we live in Scotland so we have to go to London to for the appointment!! which when I phoned today the first they could give me was middle March, so your talking another few weeks for that and because its a conviction, the guy said it will take 14 - 16 weeks after that for the visa to come through....total of approx 20 - 23 weeks.

He flys in 16 weeks so going by the above he won`t be able to go,

£10 for Subject access statement
£63 for visa
£X for us to go down to London for visa

Its all starting to mount up, he only has a small amount to pay for the holiday now as they have been saving hard and have paid all there savings to airtours, if he cancels before he goes will he just lose his deposit or the full amount that he has already paid to them?

Any advise re the above would be appreiated, he is in a complete panic now.

Thanks
J :-)

jenny2115

He doesn't need a Visa and can enter under the Visa Waiver scheme.

Cardew are you really sure about this? more info would be appreiated!

J :-)

Cardew

If the information you gave in the original post is correct i.e. minor traffic offences he is OK. They are specifically exempt under the regulations.

If he was arrested it is a different matter. You are not normally arrested for those type of offences.

It is the policy of the Embassy to never give advice on the Visa Waiver Program. They tell you to read the regulations and if you are in any doubt to get a Visa. (I had this in writing from them.) Their reasoning is that if whatever say on the phone is liable to be misunderstood or misquoted.

chaffordred

Your son will be fine using the VWP.

The US visa system is totally based on fear and honesty, and those that apply for a visa will quite likely be interviewed by immigration in the US to see if they can be caught out admitting to worse than they put on their form. Even if you have a visa, it doesn't mean you have the automatic right to enter the US. It is always at the discretion of the immigration officer that deals with you on the day.

What it boils down to is the US Government increasing security and the clear tightening of everyones civil liberties post 11/9. It is also a great way to extract more cash from law abiding travellers.

I have had motoring convictions in past and I travel to the states under the VWP twice a year.

You only have to look at the countless famous people that have drugs offences who travel to the US all the time.

The American government are more concerned with crimes involving "moral turpitude" : crimes against children, crimes that involve violence, sexual crime and drug dealing.

Taken from the Visa Waiver

jenny2115

A bit more detailed for you:

the event happened on june 2004, there was two police offficers doing a speed camera at the side of the road, he knew he was speeding and panicked, didn`t stop for the policemen waving him down, later that night the poilce came to the door asking for him (he wasn`t in) told us to tell him to come to the station next day, when he went down they were really good with him and realised that he did infact just panic, he was charged with two offences Road traffic regulation act 1984 section 1 & 5, and Road traffic act 1988 section (63(i) & (3) this is what is listed on his enhanced disclosure (he works with children hence the disclosure scotland). on his licence it is described as being an SP30.

He went to Florida in October 2004, without a visa, but didn`t appear in court till November 2004, he would still be using the same passport as this passport was taken out just prior to the Florida holiday.

I have been looking through the internet and failing to stop mostly comes when there has been an accident and then failing to stop, so maybe the guy on the embassy thought it was this type of charge, as I would assume it would be more severe, but as soon as I said failing to stop he instantly said he would need a visa.

Don`t think he was actually arrested though, but alot of people are saying because he was at court then he needs a visa...going by the images posted above he doesn`t fall into any of they categories.

Sorry to on about just want to do the right thing, but would hate to see him having to cancel his holiday...I just assumed that he didn`t need one.

Thanks
J :-)

Doonhamer

I'm sure he does not need one. If it was me I would just go on the waiver scheme. Read what it says on the form in the post above. That is what you sign.

For one thing they will not know about this unless he tells them, and if he got refused entry for this there would be thousands of people getting refused every week.

If you really want to get a visa try going to Belfast, it may be cheaper and easier than London.

jenny2115

thanks... we are sort off swaying towards not getting one...if we were going with him I wouldn`t be so bothered, its because he is only going with his girl friend and this is their first holiday on there own, just wanted everything to be ok for them.

Thanks
J :-)