US visa help

cwylee

I am planning to go Las vegas with my family and my friend and her family in January. We are all travelling on UK passports so i know visas are not required but my friend doesnt know if she needs one because when she was in her early twenties she got in trouble with the police for fraud (using a stolen credit card). She was then given a community service but she didn't finish doing it. Now its 8-9 years passed and hasn't heard anything about it.

So if she travels to the states will she be refused entry? Or if she decides to get a visa and they find out will she be refused a visa and will the embassy pass on her details to the police to find her?

The thing is its not like she is purposely hiding, she claims child benefits, has previously given police statements to police so a check would of easily brought up details where she is currently living.

She really regrets what she has done when she was younger and it was the only time she has been in trouble with the law and because of this incident she doesn't know whether to come with us.

C_Mababejive

Do you know about the new on line esta registration system?

You do?

well if she applies on there and passes,the chances are she will be ok.


https://esta.cbp.dhs.gov/esta/esta.html

BTW,you now have to pay for ESTA validation.

Voyager2002

The test as to whether or not someone needs to get a visa is, in effect, whether they have ever been arrested for a crime involving 'moral turpitude'. So someone who has been convicted of a driving offence probably does not need a visa, while someone who was wrongly arrested and later released without a stain on their character for something like fraud will still need to apply for a visa.

Despite the comments in post #1 above, the fact that someone lies during the ESTA process does not prove anything. However, telling that lie would be taken seriously should the US authorities find out later that the person did in fact have a criminal record that had not been declared.

scottishperson

cwylee wrote: »

when she was in her early twenties she got in trouble with the police for fraud (using a stolen credit card). She was then given a community service but she didn't finish doing it.

Fraud IS a crime involving moral turpitude. Your friend cannot use the VWP. The answer to the question on ESTA is YES.

cwylee

scottishperson wrote: »

Fraud IS a crime involving moral turpitude. Your friend cannot use the VWP. The answer to the question on ESTA is YES.

So does that mean she will have to apply for a visa? Is she likely to be able to obtain one as she didn't complete the community service and will they inform the police/authorities that she didn't complete the community service?

PolishBigSpender

cwylee wrote: »

So does that mean she will have to apply for a visa? Is she likely to be able to obtain one as she didn't complete the community service and will they inform the police/authorities that she didn't complete the community service?

I'd suggest that she goes and completes the community service first.

Then again, for someone convicted of fraud, lying on the ESTA form wouldn't be too much trouble.

scottishperson

cwylee wrote: »

So does that mean she will have to apply for a visa?

She should try ESTA first, and fill it in honestly.

cwylee wrote: »

Is she likely to be able to obtain one as she didn't complete the community service

IMO, and its only an opinion, No. Whether the fact she has FAILED to complete CS is on the ACPO form is unknown by me.

cwylee wrote: »

will they inform the police/authorities that she didn't complete the community service?

Unknown, see above as well.

CharlesCooper222

Here are some simple truths that I'm aware of - but please realise, I'm not an expert.

Your friends case sounds complex. There is a conviction for fraud but the sentence hasn't been completed. The US Embassy will ask Why?

To my knowledge a conviction of this nature automatically means that Visa waiver is lost. So an application for a visa has to be made.

Visas are discretionary - there is no period when it becomes automatic that your friend can get one. If the original crime had been served 8 or 9 years ago, then the adjudicating officer might show clemency and grant a visa. But as the sentence hasn't even been served - it's as if it only happened yesterday.

Whatever the situation DO NOT LIE on an application form to the US Government or your friend may never enter America.

Clearly, the issues surrounding the original sentence and the failure to complete the sentence is an issue that needs to be addressed before any notions of entering America can seriously be considered.