HELP! Can we go to Florida with a former convict??!!

Cardew

Backbiter wrote:

There is a clear discrepancy between the US embassy guidance about being 'arrested' regardless of whether any charges let alone convictions ensued; and the question on the green immigration form asking about 'convictions' for crimes of 'moral turpitude', whatever that is.

Over 20 years ago a college friend of mine who'd just graduated with a law degree and was about to embark on a career as a solicitor was arrested and taken into custody simply because he was staying in the same guest house as someone who'd got drunk and fallen over in public (the officers just saw the opportunity to put the frighteners on a group of students). He didn't drink himself, had done nothing wrong, wasn't suspected of anything other than associating with a drunk student, and practically had a breakdown as he saw his legal career seemingly go down the tubes. He hadn't committed any crime of moral turpitude nor was he ever charged or convicted.

Does he now need to get a visa to enter the USA?

The question you pose perfectly illustrates the problem.

If your solicitor friend entered the USA on the Visa Waiver Programme(VWP) he could understandably, and with a clear conscience, answer ‘No’ to the relevant question on the I-94W. Even in the unlikely event of US Immigration deciding to ‘check him out’, there would presumably be no record in the UK CRO files.

However if he had examined the detail of US Embassy regulations(and there is no reason why he should do so), there is little doubt(in my opinion) that he is ineligible for the VWP and would require a Visa; with all the expense and wasted time that would entail.

To me it is a ‘no brainer’ – he uses the VWP.