View Full Version : Visa to florida from UK, with Criminal record
blackcat87
26-06-2011, 19:39
Hi
I require some advice regarding the visa scheme. I currently have a criminal record for theft, which I received 3 years ago. I am looking to travel to florida in 2012, and wondered if somebody could clarify the following about the visa scheme? I live in the UK.
- What is the process for applying for a visa, for somebody with a criminal record, looking to stay for two weeks.
- How long does it take to apply for a visa, and how long do they last for?
- What happens when I arrive in florida at the airport? Would I be treated any differently to somebody entering via the normal visa waiver scheme? Or would I walk straight through to the usual checks? I was unsure if there are further checks or interviews etc. I wish to try and avoid any embarrassment in-front of members of the family not aware of my issue.
I look forward to hearing from you
Obviously I can't answer with your specific situation of a criminal record but applying for a Visa involves completion of forms, photographs and a visit to the US Emabassy which can be very time consuming. When we applied for Visas their main concern was that we were going to return to the UK and were not intending to seek work in the US. To this end proof of our home ownership, jobs etc had to be produced and they went under fine scrutiny. Back in 2004 the cost was about £160.00. The Visa last 10 years, if your passport runs out in that time you travel with your expirered passport, with Visa, and your new passport.
For us the decision was made on the day, passports kept and sent by courier about three days later. When you get to US Immigration you queue with everyone else, generally we are asked why we have Visas, how long we are going to stay etc etc but it has never been of any benefit, or otherwise, at point of entry into US, we are photographed each visit and finger scan taken.
Have a look at http://london.usembassy.gov/vwp3.html
THIS MAY ANSWER YOUR QUESTION?? Just copied and pasted off the above link
Travelers with arrests/conviction(s)
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. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States.
steph_goodrum
03-03-2012, 09:16
Just to clarify the Visa will not necessarily be for 10 years, we have heard of cases where it has been issued for only 1 year or for single visit only, as with everything it is at the discretion of the US Embassy what they issue.
According to the US Embassy website, visas are $140 or about £90.
We got ours in 2008 and it cost £72 each.
Dads_Taxi
05-03-2012, 18:20
I have very limited knowledge of this, but can offer the info that when my daughter had to get a visa from the US Embassy in London, despite the website saying the appointments were available within 2 weeks, it was about a 6 week wait for an appointment. Telling the official on the phone that she was in total contradiction to their own web site did nothing to help, as I'm sure you can all imagine. Only option was to book appointment at Belfast Embassy, which has shorter waiting list. So, give yourself plenty of time to get this sorted.
Oh, and be prepared for a big phone bill! Making the appointment runs up a bill of about 6 quid.
Best of luck, BlackCat. Let us know how you get on.
jeansusrentals
13-04-2012, 13:04
We applied to Belfast for an appointment - managed to get one within 1 week, flew over from Glasgow, spent some hours(about 4!) at the Embassy and then stayed overnight in Belfast . By the time we flew home the next morning - our passports were waiting for us on the doormat! Quick service, eh? and such a nice lady we dealt with too - that was 9 years ago.
Jean
That would be Ireland, very favoured with the US. They are also in the Florida lottery for green cards, the south that is.
Lynne
jeansusrentals
14-04-2012, 22:55
Eh? no - Belfast is in NORTHERN Ireland! I think it's the South that gets (or used to?) the green cards:)
Jean
For some reason Northern Ireland is also favored for Green Cards, as well as Ireland. Northern Ireland are still eligible to apply for the Green Card lottery whereas England (and rest of UK) are not.
steph_goodrum
15-04-2012, 07:11
For some reason Northern Ireland is also favored for Green Cards, as well as Ireland. Northern Ireland are still eligible to apply for the Green Card lottery whereas England (and rest of UK) are not.
Probably a lot of the politicaians who brought the rules in had Irish ancestry at some stage.
jeansusrentals
15-04-2012, 09:59
Didn't know that! Just always thought it was the South!
Jean
It's because of the political history in Ireland. The Republic of Ireland always claimed jurisdiction over the North and refused to recognise the border, so always automatically gave people born in NI an Irish passport and citizenship if they wanted it. Presumably the agreement they made with the US included NI to keep the Republic of Ireland happy. There are also lots of family ties on both sides of the border, so presumably there has been some recognition of that.
ujpest doza
22-06-2012, 11:05
My silly brother in law has just this week been charged with drink driving.
Am i right in thinking that as this is a more serious offence than speeding that he will now have to apply for a visa?
Robert5988
22-06-2012, 18:11
My silly brother in law has just this week been charged with drink driving.
Am i right in thinking that as this is a more serious offence than speeding that he will now have to apply for a visa?
There have been literally hundreds of posts on this subjecton on OV and other forums and still no conclusion. The problem is a conflict between US regulations and the guidance notes of the US Embassy in UK. This is the question on ESTA
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
The US Regulations for entry state that you must declare an offence of moral turpitude and are ineligible to travel on a Visa Waiver. However there is no precise definition of moral turpitude in US law, but the regulations give plenty of examples of offences that are, and are not, included in that category, and DUI(Americaneese! for drinkdriving) is not such an offence; indeed even a third offence of DUI is not considered an offence of moral turpitude.
I have seen an offence of moral turpitude described as involving an intent to commit an offence and thus it can be argued that someone caught DUI did not intend to commit an offence.
On the other hand the guidance from the US embassy in London clearly states that if you have been arrested you are ineligible to use a Visa Waiver - and drink driving in UK involves an arrest.
The problem is that apparently the US embassy guidance in some other countries, in the visa waiver scheme, does not include the term 'arrest'; and I have read that drink driving in some countries does not necessarily mean you are arrested. Indeed in UK you could be arrested for drink driving - and subsequently at police station be below the limit and not charged; the strict interpretation of the US embassy guidance is that you need a visa.
There is no point in phoning or writing to the US Embassy in London or indeed the US authorities. Their standard reply is that if you are unsure of the regulations you must attend for an interview.(and you will pay£1.50 a minute on the phone to get that answer)
hayley82
24-07-2012, 20:39
Hi we are travelling to Orlando next year but my husband has a record from 12 years ago for possession of a class a drug with intent to supply. In this country his conviction has been spent but in US it is never spent. He just rang police up to ask what was showing up on his criminal record and they said nothing shows up. So if it doesn't show up in the police station he was arrested in how do the US know about it?
I know this question has been asked loads of times. Has anyone been with similar conviction and been let in?
Many thanks
steph_goodrum
24-07-2012, 21:36
Hi we are travelling to Orlando next year but my husband has a record from 12 years ago for possession of a class a drug with intent to supply. In this country his conviction has been spent but in US it is never spent. He just rang police up to ask what was showing up on his criminal record and they said nothing shows up. So if it doesn't show up in the police station he was arrested in how do the US know about it?
I know this question has been asked loads of times. Has anyone been with similar conviction and been let in?
Many thanks
In order to travel to US he must either have a valid Esta or Visa. When he applies for his Esta he will either commit an offence by answering "no" or answer "yes" he has been arrested and will then almost cettainly have it refused and have to apply for Visa. By applying you are giving implied consent for the US authorities to use whatever means they have at their disposal to check that what you are saying is true. I think someone said to apply for Visa you have to apply for a form from the police which may or may not show his offence.
I had a guest who was in a similar position and I will relay what happened to him and you can then decide what course of action you want to take.
Whatever you do there is a risk of either being turned back or not having a visa issued.
My guest was told by the police that once the conviction was spent it would disappear off all the 'normal' checks and immigration files in the UK. The U.S. does not have unrestricted access to UK records. They can ask for specific details but cannot do a blanket check on every flight arriving in the U.S. They are counting on you to admit an offence so that they can look into it.
If you apply for an ESTA and get one then you have passed all their first level checks. However you have committed an offence by not completing the form truthfully.
My guest arrived and went through with no questions asked. However there are no guarantees.
Dave
DisneyPrincess
28-07-2012, 15:54
I know several people who have entered the USA under visa waiver even though they have criminal records for offences when they were younger. They got through no problem.
The offenses were minor ones - but as the other poster has said - there are no guarantees.
ujpest doza
08-08-2012, 11:05
There have been literally hundreds of posts on this subjecton on OV and other forums and still no conclusion. The problem is a conflict between US regulations and the guidance notes of the US Embassy in UK. This is the question on ESTA
The US Regulations for entry state that you must declare an offence of moral turpitude and are ineligible to travel on a Visa Waiver. However there is no precise definition of moral turpitude in US law, but the regulations give plenty of examples of offences that are, and are not, included in that category, and DUI(Americaneese! for drinkdriving) is not such an offence; indeed even a third offence of DUI is not considered an offence of moral turpitude.
I have seen an offence of moral turpitude described as involving an intent to commit an offence and thus it can be argued that someone caught DUI did not intend to commit an offence.
On the other hand the guidance from the US embassy in London clearly states that if you have been arrested you are ineligible to use a Visa Waiver - and drink driving in UK involves an arrest.
The problem is that apparently the US embassy guidance in some other countries, in the visa waiver scheme, does not include the term 'arrest'; and I have read that drink driving in some countries does not necessarily mean you are arrested. Indeed in UK you could be arrested for drink driving - and subsequently at police station be below the limit and not charged; the strict interpretation of the US embassy guidance is that you need a visa.
There is no point in phoning or writing to the US Embassy in London or indeed the US authorities. Their standard reply is that if you are unsure of the regulations you must attend for an interview.(and you will pay£1.50 a minute on the phone to get that answer)
Thanks for what is always a comprehensive reply Robert5988.
He has now pleaded guilty to drink driving and been banned from driving for 2 years and received a £350 fine.
However, he apparently also had a tiny amount of canabis for personal use in his possession at the time, does this alter the picture entirely or make no difference as he wasn't trafficking and the intntion was only to use it to help treat a medical condition?
Katys Grandad
08-08-2012, 11:30
The offenses were minor ones - but as the other poster has said - there are no guarantees.
I think that's about as close as anybody is going to get on giving you any assurances. There is definitely a risk that entry will be refused although it's probably a small one. Whether it's worth taking the chance must be a decision for each individual.
I'm aware that isn't that helpful but at least it sums up the position.
steph_goodrum
08-08-2012, 12:02
I had a guest who was in a similar position and I will relay what happened to him and you can then decide what course of action you want to take.
Whatever you do there is a risk of either being turned back or not having a visa issued.
My guest was told by the police that once the conviction was spent it would disappear off all the 'normal' checks and immigration files in the UK. The U.S. does not have unrestricted access to UK records. They can ask for specific details but cannot do a blanket check on every flight arriving in the U.S. They are counting on you to admit an offence so that they can look into it.
If you apply for an ESTA and get one then you have passed all their first level checks. However you have committed an offence by not completing the form truthfully.
My guest arrived and went through with no questions asked. However there are no guarantees.
Dave
In fairness to the owners of the Site Dave, I don't think there should be any other course of action offered than to follow the correct legal procedure. If in doubt then you should either ring the helpline (yes I know it is expensive -) or apply for a Visa.