Usa and criminal records

thatboydean

Hi me and a friend are going to the Usa in a few months but my friend has a criminal record.

Will he still be able to go?

Tojo_Ralph

thatboydean wrote: »

Hi me and a friend are going to the Usa in a few months but my friend has a criminal record.

Will he still be able to go?

It all depends what for and when to be honest.

alchemista

You can still go if you have a criminal record (depending on what it is of course), but you likely won't be able to do the visa waiver program. Have your friend start early on the visa application.

Voyager2002

alchemista wrote: »

You can still go if you have a criminal record (depending on what it is of course), but you likely won't be able to do the visa waiver program. Have your friend start early on the visa application.

The visa waiver program is not available to anyone who has ever been arrested. So your friend will need to get a visa, and the time that this takes is considerable. So do not delay.

redhead69n

Tojo_Ralph wrote: »

It all depends what for and when to be honest.

had a friend who just got his visa but took sometime as he had a record from years ago

M4RKM

i disagree with the point that the VWP is not available to anyone who has ever been arrested..

if someone has been arrested, and released with no charge, then they have committed no crime, and can still enter under the VWP..

this discussion has been had before on these forums... do a search for Moral Turpitude, and you'll see loads of stuff about the VWP, what you can enter under, what you can't etc etc...

M

P.S it's always the friend isn't it!

thatboydean

Thanx 4 the replies, been out all day and was hoping to get some answers.

thatboydean

markymoo wrote: »

P.S it's always the friend isn't it!

lol. Most of the time but not in my case

Voyager2002

markymoo wrote: »

i disagree with the point that the VWP is not available to anyone who has ever been arrested..

if someone has been arrested, and released with no charge, then they have committed no crime, and can still enter under the VWP..

No.

From the US embassy web page (http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html):

QUOTE
Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.
ENDQUOTE

OK, so that paragraph says "may": I suspect that it depends on whether the arrest was for a crime involving moral turpitude. But it is clear that anyone who has been arrested and then cleared may still have trouble entering the USA.

Voyager2002

And read this, also from the US embassy website:

Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel.

Very clear: anyone who has been arrested needs a visa.

little_miss_messiah

I get this question a lot working in a police station, and no one can seem to tell me where the US get their info from - under the rehabilition of offenders act most convictions expire after a set time - if you got a Data Protection form (generally for employment/emigration reasons) from you local POlice Station they would not show up so lord knows where they get it from.

I have asked and asked and it is if you have ever been arrested - so if you have ever had a scornful ex/spiteful neighbour or mistaken identity resulting in your arrest it will show. However my OH in his youth was arrested for drink driving (21 years ago) - we only found out about this 2 weeks before due to fly and 'winged it' and everything had been paid for etc and were never picked up couldn;t guarantee this wan;t a major error on the US behalf tho

The VWP is a complete lengthy and expensive pain but once in the US your friend could be turned straight back round and kicked out - I wouldn't risk it