usa visa

smudger1946

If a person going to USA has a criminal record for minor offence 45yrs ago, would they need to disclose this when applying for visa or do they even need a visa when holidaying in USA?

Spursman180

The answer is yes as the U.S. doesn't recognise the rehabilitation of offenders in regarding spent convictions.

benjus

Well, the exact phrase used by the Visa Waiver Program is:

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 controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

So if the offence involved neither moral turpitude (http://en.wikipedia.org/wiki/Moral_turpitude) nor a controlled substance, the person can safely enter the USA via the VWP (not forgetting to obtain an ESTA, of course). If there's any doubt, they should apply for a visa. I wouldn't bother calling the Consulate - if there's any doubt at all they will tell you to apply for a visa.

Of course, some people don't bother to disclose offences and apparently get away with it - but they are taking a large risk that could result in them being permanently barred from entering the USA.

KxMx

All travellers to the US must apply for a visa waiver online before they travel.

dzug1

KxMx wrote: »

All travellers to the US must apply for a visa waiver online before they travel.

Not if they have a visa
Not if they enter by land
and probably a few other nots as well

terribleape

benjus wrote: »

So if the offence involved neither moral turpitude .... nor a controlled substance, the person can safely enter the USA via the VWP (not forgetting to obtain an ESTA, of course).

You missed the

"or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more"

as who knows what the offence(s) were.

The USAs london embassy will also inform you to apply for a visa if you have EVER been arrested, even though this is not how the system should, or does indeed, work.

NEVER rely on wikipedia, as it doesn't hold up too well as a source document for information that could end up costing you thousands. Rape, to take an extreme example, may, or may not, be a CiMT.


As an aside, the chances of EVER finding this information from a CRB, or from court records is about zero. Court records, from 45 years back, were often mislaid in the numerous court moves, computerisation fiascos over the years.