US Visa with a Criminal Record...Need help!

callum9999

VestanPance wrote: »

Visa approval isn't done by computer, but by humans. To get a visa through the embassy her partner will need to go to London and attend an interview. That is after sending payment and a copy of the conviction to the embassy.

I used the term "visa" wrongly (actually meant the ESTA while I was typing) but then assuming they were going there to perform, they'd need a work visa and not just an ESTA - so yeah you must be right.

Cardew

damo24 wrote: »

I can't speak on what records they have access to but I can assure you that a conviction for possession of drugs in the last 15 years WILL be recorded on the Police National Computer.

It could be an idea to obtain a "Subject Access Request" from your local Police Force. This will cost about £10 and should provide you with everything the Police hold both locally and nationally about your husband. This would help to show that he has not been in any trouble since this conviction.

With regards to the good old "moral turpitude" I have never been able to find an exact definition of what this involves however the list on Wikipedia (http://en.wikipedia.org/wiki/Moral_turpitude) does not list drug offences.

I can also assure you that in many cases it will not be recorded!

I suggest you are getting mixed up between what should happen post 2006 and what happened before that date.

The Soham murders and Ian Huntley is a notorious case to illustrate the point.

Rochdale_Guy

I don't think he can just get in without declaring his albeit stupid past. Cruel isn't it?

Sometimes life sucks and you never get to better yourself

Rochdale_Guy

http://london.usembassy.gov/vwp3.html

marleyboy

I know of a friend who had no problem entering the US for a 4 week holiday, he had a few Years previously been convicted and sentenced to possession with intent to supply.

I dont think he declared it (but not sure), I imagine it depends on the circumstances of his visit, that they are more likely to check more vigorously if its for citizenship rather than a holiday.

I had no issues applying for citizenship for the US, but I don't have any criminal convictions to hinder it.

Cardew

Rochdale_Guy wrote: »

http://london.usembassy.gov/vwp3.html

This is debated endlessly on some websites.

Those are not strictly regulations - but guidance from the US Embassy in UK.

US Immigration Regulations on the Visa Waiver scheme do not debar entry just for an arrest; and Embassy guidance in some other countries(in the scheme) do not include that provision(i.e. an arrest prevents use of the waiver scheme)

It is patently stupid that an arrest, say 40 years ago, in a case of mistaken identity - and no subsequent charge - should prevent entry under the scheme; which would be the case if the US embassy guidance was to be taken literally.

In any case when completing ESTA - in whatever country you live in - you answer the questions as written; with all the nonsense about 'arrested and/or convicted of a crime of moral turpitude'. In any case many people are not aware of the Embassy guidance.

However in the case outlined by the OP, there is no doubt that he cannot enter under a waiver as his offence involves a controlled substance.

damo24

Cardew wrote: »

I can also assure you that in many cases it will not be recorded!

I suggest you are getting mixed up between what should happen post 2006 and what happened before that date.

The Soham murders and Ian Huntley is a notorious case to illustrate the point.

I don't want to get into an argument about this especially as it is off topic but I think you are confusing convictions with arrests, charges and intelligence.

Having worked with the Police for more than 12 years I can guarantee that ALL formal cautions and convictions (including formal warnings issued to juveniles) are recorded on the Police National Computer (PNC). When the PNC system was initially introduced in 1974 only new convictions were added to it (a formal caution or warning is counted as a conviction in the eyes of the law as they can only be given if the offence is admitted). However in the late 80s and early 90s all Forces were compelled to and all historic convictions for anyone currently still alive.

When someone dies, their details are removed from the PNC and from any local Force computer or paper systems too. The only way to remove a conviction of someone still living from the PNC is for that person to have their conviction or caution overturned on appeal.

The reason Ian Huntley slipped through the net is that prior to the murders he was never convicted of any offence even though he had been previously investigated and even charged with both sexual offences and burglary. Humberside Police did have intelligence records relating to Huntley but at the time they (wrongly) believed that the retention and / or disclosure of these records was in breach of the Data Protection Act.

Since the investigation into the Soham murders, all arrests are now recorded on the PNC including details of the disposal or outcome of the investigation (ranging from eliminated from enquiries, no further action taken, insufficient evidence to proceed, charged but not convicted, formal caution or warning issued right up to a conviction at Court with the sentence recorded too). There are countless sites on the web that will list in much more detail the circumstances surrounding Ian Huntley and also the PNC and what is and is not recorded however Wikipedia has an excellent summary of the failings which you can read at http://en.wikipedia.org/wiki/Soham_murders#Murder_trial_and_subsequent_revelation.

It is for this reason that I suggested that the OP obtain a "Subject Access Request" from her local Police Force and this should help to show to the Embassy that her husband has had no other issues with the Police since his conviction.

client1_2

Cardew wrote: »

However in the case outlined by the OP, there is no doubt that he cannot enter under a waiver as his offence involves a controlled substance.

You have to differentiate a waiver as in the visa waiver program, or a waiver for the offense.

Anyways, on to more serious bits.

The US may not (currently) have DIRECT access to the PNC, but they have indirect access to it. This can be done officially or via a quick phone call to the nice police officer working at heathrow on secondary asignment with our border security.

Secondly, the US have direct access to interpol records.

Thirdly, the person cannot use the VWP, nothing to do with a crime involving moral turpitude, more to do with the "violation related to a controlled substance" bit.

Fourthly, does petty offenses apply? In which case the visa should be forthcoming after a trip the London.

Fifthly. The offense happened 10/12 years ago. IF this person has been criminally clean since, the visa should be given.

Sixthly, NEVER tell people to break the law, which a lot of you seem to be doing here.

client1_2

damo24 wrote: »

The only way to remove a conviction of someone still living from the PNC is for that person to have their conviction or caution overturned on appeal.

Or they reach 100.

client1_2

MentalMinnie wrote: »

also once granted, how long the visa is valid for, for entry into the US?

Could be single trip, 1 year, 5 years to a maximum 10 years. Depends.