Has Anyone Applied For A Us Visa Because They Have Been Arrested In The Past?

bwatt00

I when i was about 17yrs old maybe less cant remember so long ago i was drunk and smashed a window and was caught by police while doing it,got charged and was fined and paid the damage i did that i done to the owner.

That was about 16yr ago so will that show up and will that make any difference for going to america? i was to america about 7 years ago but then there was not the problems then they have now so will this above be a problem as i plan on going on holiday later this year.

Also i am going with family members and i beleive that parents have speeding fines again is this a problem or not.

Any advise would be great, im not sure if this is just an american thing or worldwide thing but i just came back from a year out trip from australia and had no problems getting my visa online or getting in the country so is this different to what usa requires.

Robert5988

The operative word is arrested.

The US regulations specifically exempt minor traffic convictions.

You are rarely arrested for minor traffic convictions.

The irony is that someone can be arrested and found not guilty - or even not charged - and be required to obtain a Visa. Yet another person can have a string of convictions and not need a Visa.

b3lly

I too have been convicted, I think although not arrested in 1992. Cant remember what it was for, Perverting the course of justice or something similar or obstructing the police and was given a conditional discharge for 12 months. Does this mean I was convicted and need a visa? I have been to the US before and never had a visa but now I am married and my name has changed will they know?

I genuinely thought that as it was discharge it was forgotten about and have never given it any thought since the day of court. I had no solicitor, turned up in court after receiving the letter and the magistrate asked me to confirm my name and told me the sentence?

Am starting to panic now

bj-sailaway

B3lly, I suggest you do the same as me, download the form from the Met website and send off for your police record. I am waiting for mine, if anything shows, I shall apply for a visa, if not, I'm not going to worry.

If anyone else already has their history back, info on what showed/didn't would be interesting for the rest of us.

I included a link to the forms in an earlier post. Someone did post that they got questioned about an old charge at the airport in the US, this made me panic a bit!

alanrowell

Yet another person can have a string of convictions and not need a Visa.

No, under US law they have to apply for a visa. No exceptions.

alanrowell

In 2000 I went to a training course in Rochester, New York didnt declare my previous conviction because I consider it "spent" under the rehabilitation of offenders Act 1975. needless to say I got in, no problems whatsoever

Anyone commenting about what happened when they went to the States pre-9/11 is wasting their breath because a lot more information has now been supplied to the US by the British Government.

Whether your personal circumstances will appear on that data will depend if it was recorded correctly or at all on UK systems.

It would be interesting to find out if anyone has been turned back because the US was supplied with incorrect information

Mads13

Hi All

From October 2004 the new US-VISIT came into play. When you get to any US airport now they take a digital picture of you and digital finger print of each person over age 16.
Even if you consider your conviction "spent" you still have to declare this. Even if you were arrested and not charged-you still have to declare this. A visa must be applied for. We went in November 2004 to florida and 2 people on our flight were not allowed entrance to the US as they had not declared their criminal record. I dont fully know how they do this in such a short time(30secs), but was told by one of the immigration marshalls at the airport that alot of the checks are done before we even land in the USA ???

If you google "US-VISIT" there is tons of reading and the visas normally take about 6 months to process.

I personally wouldnt risk it if you have been arrested in the past, get a visa and get in the USA without worry. The forms you have to fill in and sign on the plane are legal documents and if you sign and they find out youve lied-you could get charged for fraud or worse etc etc...is it really worth it??? You also will never be able to gain entrance to the US ever if this was to happen!!


Mads13
xxx

Baz_Bee_2

pompeyrich wrote:

"have you any previous convictions" box on the Visa Waiver Form. If you tick this box you will be questioned and probably sent straight back - deported - and you will have very little chance of ever getting into the U.S.A. again.
......
I would advise either declare your conviction and get a Visa but if you choose to risk it, then totally forget about it and DON'T TICK THE YES BOX or mention it if asked on arrival.

I have a copy of the Visa waiver Form in front of me. It is the green form No. I-94W. It is a “spare” that I had when visiting the States in December 2004,

The clause on the form that is being referred to here is Clause B on the reverse. For the avoidance of any doubt it reads as follows:

B. 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 a controlled substance trafficker; or are you seeking to engage in criminal or immoral activities?


So what does it mean?

Well the dictionary definition of “turpitude” is depravity; wickedness”, then there is the aggregate five years and two or more offenses. So, I would suggest that for many minor offenses the Visa Waiver is OK and ticking NO on the form is not lying.

Additionally, I also do not believe that the US Authority's have access to our criminal records excepting those, and any intelligence, relating to possible/potential terrorist activity. But you pays your money and takes your choice!!!

Robert5988

alanrowell wrote:

No, under US law they have to apply for a visa. No exceptions.

What I said was carefully framed.

The US regulations specifically exempt minor traffic offences such as speeding. Thus you can have a string of convictions and and not need a visa.

Yet be arrested and found not guilty or not even charged and you need a Visa.

Look at the US embassy regulations.

alanrowell

Mention conviction to most people & they would associate it with a court appearance not a speeding fine.