Visiting America And A Criminal Record

jackieblack

http://london.usembassy.gov/nonimmigrant-visas.html

http://london.usembassy.gov/b2.html

http://london.usembassy.gov/add_crime.html

scottishperson2

maemaesmummy wrote: »

ouch makes the $14 ESTA seem reasonable!

Thats just for the interview.

He'd also need court documents about the case, ACPO certificate, waiver of ineligability fees if needed, travel to london or belfast, day off work etc etc etc

honeypop

Thanks for your reply scottishperson2 however in response to everything you put, that was what I was told when I called the Embassy to ask the question as to whether OH needed a visa or an ESTA in relation to his caution/conviction. The lady I spoke to actually said 'the circumstances are irrelevant, if he has any caution or a conviction, he would need a visa, period'.

Yes I can see the sources you state say otherwise, however as I said before I was repeating what I had been told by the embassy. Sorry if that was wrong information, however I expected that they might know the rules.

Tojo_Ralph

honeypop wrote: »

Thanks for your reply scottishperson2 however in response to everything you put, that was what I was told when I called the Embassy to ask the question as to whether OH needed a visa or an ESTA in relation to his caution/conviction. The lady I spoke to actually said 'the circumstances are irrelevant, if he has any caution or a conviction, he would need a visa, period'.

I guess if the person at the Embassy knew what the offense was, is it possible they meant he needed to apply for a visa?

jackieblack

It has been commented on here before that the information given out by the embassy is not quite the same as that given by the CBP or per the questions asked on the ESTA application.

In fact the embassy website states:
Under United States visa law, anyone who have ever been arrested and/or convicted of an offense is required to apply for a visa.

scottishperson2

Tojo_Ralph wrote: »

I guess if the person at the Embassy knew what the offense was, is it possible they meant he needed to apply for a visa?

Embassy never give advice out over the phone in these matters, and they always tell you you need a visa if you have ever been arrested or convicted. However, thats not what the ESTA asks, or what CBP say.

jackieblack wrote: »

It has been commented on here before that the information given out by the embassy is not quite the same as that given by the CBP or per the questions asked on the ESTA application.

In fact the embassy website states:
Under United States visa law, anyone who have ever been arrested and/or convicted of an offense is required to apply for a visa.

And the embassy is incorrect. What "United States visa law" would be a good question to ask them. You answer the question on ESTA, that is all that is of concern.

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 entry to engage in criminal or immoral activities?

Taking out the

involving moral turpitude

part as the embassy seem to want you to do would make the question read

Have you ever been arrested or convicted for an offense or crime; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Why would they bother to ask if the arrest involved drugs, or if two arrests made more than 5 years jail time, if all they were concerned about was the fact you had been arrested and they could deny you at that point.