US Visa's - What are the chances?

geebee2410

New to the Forum so please be gentle with me!

My son hopes to go to the US soon to visit a new girlfriend he met whilst holidaying in Spain. Unfortunately, although he has not been in trouble for 3 years, he has a criminal record for offences he committed at 17 and 18 years of age. We are aware of the Visa rules through reading some of the previous threads but have any of the forum members actually had personal experience of the Visa process including the 'interview'. Are they helpful and do they actually allow people in with criminal records? Basically what I want to know is are we going to waste money and time in applying for a Visa when at the end of the day the Embassy will just not allow an application to succeed.

rainman_3

My partners son had a girlfriend in USA and he visited her a couple of times, I dont think that you need to apply for visas to the U.S. now so long as you are on vacation and not staying for more than three months. I think Clinton introduced this measure some time ago, so long as youre a British Citizen no worries.

Cardew

It is impossible to predict how the US Embassy will act.

It depends on the seriousness and type of offences, and how long ago they were committed.

However the main criteria is if the interviewing officer thinks he still represents a risk, either of committing further offences, obtaining employment in the USA, or trying to remain in the USA after expiry of his Visa.

If he does go for interview he really needs to convince them that he will be returning to UK and he has regular employment etc.

saveapenny

take proof of how hes going to fund the trip too also insurance details (if hes got them)

TimC

rainman wrote:

My partners son had a girlfriend in USA and he visited her a couple of times, I dont think that you need to apply for visas to the U.S. now so long as you are on vacation and not staying for more than three months. I think Clinton introduced this measure some time ago, so long as youre a British Citizen no worries.

Rainman - this is incorrect, whilst it may be okay for your partner's son - anyone with a criminal record, or who has been arrested (even if released with no charge), or has been convicted of an offence in a court (and this potentially includes traffic offences dealt with by a magistrates court) is ineligible to enter the USA under the Visa Waiver Program (VWP).

geebee2410 for loads of information including images of the US VWP cards, and responses to questions just like yours it is worth a trip to http://www.orlando-guide.info/forums/forum_78.asp

alanrowell

If you do go the visa waiver route you will have to lie on the form about criminal convictions which could have some rather dire effects if found - like being manacled, locked up, denied access to anyone, have some very nasty marks put into your passport to the effect "never darken our doors again" and finally chucked out of the US at your own expense.

As he "hasn't been in trouble for 3 years" I wouldn't risk it.

Cardew

TimC wrote:

Rainman - this is incorrect, whilst it may be okay for your partner's son - anyone with a criminal record, or who has been arrested (even if released with no charge), or has been convicted of an offence in a court (and this potentially includes traffic offences dealt with by a magistrates court) is ineligible to enter the USA under the Visa Waiver Program (VWP).

geebee2410 for loads of information including images of the US VWP cards, and responses to questions just like yours it is worth a trip to http://www.orlando-guide.info/forums/forum_78.asp

As you say this has been discussed to death on that forum and you are certainly correct about the consequences of ever being arrested.

However you are not correct about "potentially includes traffic offences dealt with by a magistrates court" unless by "potential" you mean that some(misguided in my opinion) people have stated that is their interpetation of the rules. There is absolutely nothing in any regulation that refers to being convicted by a court. In fact the US Embassy website specifically excludes minor traffic offences.

I have only posted this because whenever this (mis)information is posted it creates panic.

TimC

Cardew wrote:

As you say this has been discussed to death on that forum and you are certainly correct about the consequences of ever being arrested.

However you are not correct about "potentially includes traffic offences dealt with by a magistrates court" unless by "potential" you mean that some(misguided in my opinion) people have stated that is their interpetation of the rules. There is absolutely nothing in any regulation that refers to being convicted by a court. In fact the US Embassy website specifically excludes minor traffic offences.

I have only posted this because whenever this (mis)information is posted it creates panic.

I agree to a point - and thanks for making the point regarding minor traffic offences. Note that I didn't state minor traffic offences - you can be arrested for a more serious traffic offence and have it dealt with by magistrates - and the website doesn't give a definition of minor. The page on the website I believe you are referring to is http://www.usembassy.org.uk/cons_new/visa/niv/arrests_and_convictions.html

The point you have raised is not necessarily closed on that web-page, as it states

Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free.

So a pre-fixed penalty speeding offence dealt with at magistrates court results in a conviction - whilst I think the intention is that this would not require a visa, the website doesn't state that - leading to the 'misinformation' you refer to.

Note the following:

Travelers who have been arrested, even if the arrest did not result in a criminal conviction, and those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), are not eligible to travel visa free under the Visa Waiver Program. They are required to apply for visas. If they attempt to travel without a visa, they may be refused entry into the United States. Please follow this link for further information.

Back to the original poster - from all that has been posted, it looks like a visit to the US Embassy will be required - an important aspect to the interview seems to be about proving there is a committment to return to the UK - so some form of proof of financial, housing or employment commitments that continue beyond your intended stay.

murphydavid

Before you visit the U.S. Embasy be prepared. My son who has no criminal record but required a visa to work in the USA with a large international company. Had everything set up in advance by the company using U.S. lawyers but was required to pick up the visa from the U.S. Embasy in London. Had to que up in the street then in the embasy for 4 hours with no opportunity for refreshments or relief. If you left the que you had to start again from the end because the people there were in such a state there was no civility left. When he got to the desk there was a computer glitch and the official dismissed him out of hand. He came home without the visa traumatised. Never again. The company now aranges and advises its U.K. contractors to travel to a another European country and visit the Embasy there to pick up there Visas. This was a couple of years ago maybe things have improved?

Baz-Bee

This is back on the old question again.

To be safe the answer has to be get a VISA. Will cost about £60 and normally lasts as long as your passoport is valid. If he is convincing that he has repented and seen the light should get one ok.

However, I would say the chances of him getting stopped by US Immigration are the same as winning the lottery. We all have a chance, but know that it is unlikely to be us.

Firstly he possibly would not have to lie on the Visa Waiver Form (I-94W) that you fill in (normally on the plane). The question that it asks reads:

“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?”

If you read it properly and also look up the definition of “turpitude” you will realise that most minor offences are not covered by the question. I know the Yanks are a bit strange when it comes to words and phrase, but even they could not come up with such a wordy and verbose question if all they wanted to ask was “have you ever been arrested and/or convicted of any offense”? Could they? So what was he convicted for and would it fall within the above definition the denies use of the Visa Waiver Program

Furthermore, how do you think they would know whether anyone has been arrested or has conviction? The UK and US authorities do not routinely exchange information excepting that relating to international crimes, terrorism and similar. And in any case the UK system is so useless they have probably lost any trace of the file anyway. And, even if they did still have it and the US also had access to it how do you think they would be able to associated the person in the file with the person entering the US? Your Passport does not contain your address only name, DoB and place of birth. So trying to associate a conviction with someone with just that basic info would be very difficult.

If it were me I would not worry about it. So tell him tick the NO box on the Visa Waiver Form and take a chance. If you were travelling as a familly they will not give you a second glance.