Applying for a Visa with a criminal record

[LBD]

Has anyone recently applied for a visa? I am unfortunate enough to have a criminal record which is over 20 years old. I was charged with criminal damage when I was 13 (I'm 35 now). There is no record of the crime anyway. However the embassy have told me that I MUST apply for a visa. I have an appointment on 23rd Feb but they have quoted me 12 weeks for it to be finalised. 12 weeks from 23rd Feb is two days after I am due to fly out on 15th May. I'm just wondering if anyone else has experienced this recently and how long did it take? I have read on other forums that some people have had actually got their visa there and then at the appointment. Do you think I'll be lucky? I'm in a panic that it won't arrive before my holiday.

[blott]

Hi LBD

Welcome to the forum!

Well, I think the answer is that you need to explain all this to them when you go for your interview as they may well have quoted the 'worse case scenario' as to waiting time to avoid people ringing them up every five minutes asking where their visa has got to!

I had a guest last year with a criminal record who got his visa within 4 weeks of his interview so it is a variable waiting time.

Good luck!

[esprit]

Agree with Blott. I got a business visa in six weeks. They always overestimate. There is far more work to do on a business visa.

[LBD]

Thanks for your help. These forums are a blessing to a "worrier" like me!

[Richard]

Hi LBD

I attended London on the 11 Feb and recieved my passport including visa on the 14 Feb, 3 days.

They quoted me 6 weeks BUT they did not tell me about the 3 hours wait in a "not so fun packed" room waiting to be called for my 2 minute interview.

Good Luck

[Wandsworth Wizard]

Hi LBD I went to the Embassy in London on the 5th Jan and my passport and visa were returned on the 10th Jan.

[LBD]

Thanks guys, you've made me feel a whole lot better. I've had sleepness nights over this visa nightmare. I would never have believed that my silly behaviour over 22 years ago could come back to haunt me! I mean I've got a mortgage, had bank loans, had children, am a Legal Executive, all of which I have managed to get without having to disclose any of my past, BUT I then dared to book a holiday to Florida and guess what? I have to ask President Bush for the privilege! It really is beurocracy gone MAD MAD MAD, don't you think?
As a legal beagle I actually think there is a human rights issue here. Why does the US have the right to know these things but in the UK the record is "spent" and does not have to be disclosed?

[Carla]

I suppose the only answer to that LBD is that it is their country and they decide on the rules!!!

[LBD]

Hi everyone, just thought I would let you all know how I got on at the embassy today. As I had been arrested when I was 13 for writing my name on a park bench I had been told that I must apply for a visa. After all the sleepness nights (as well as extra expense) I went to the US embassy in London today. My appointment was at 12.30pm ...... along with at least 100 other people! I arrived at 12.00pm. My husband was not allowed in. My bags were searched and I had to hand in my mobile phone. I was sent to queue for "window 1" where I had to hand in all my paperwork. I queued for about half an hour. When I finally reached the window I was given a number and told that as I had a criminal record I would need to be interviewed in a separate room and that I would have to wait at least another two hours as they were short staffed! I duly went to another waiting room where I sat......and sat.......and sat.....and chatted to a few people.......read four magazines........ and FINALLY at 5.00pm I was seen by a lovely American man. He asked me "why are you going to the states?", "who are you going with?" "what is your occupation". He said "your visa has been approved and will be sent by post to you within a week. Thank you very much. Have a nice day." That was it......five hours waiting for a one minute interview. I am so relieved. After all the hype and scaremongering by the officials on the embassy help line it was actually very easy - although of course very boring.

Now I can finally look forward to my dream holiday in May.

I hope this helps other people who may be in a similar situation.

[steph_goodrum]

I'm glad it was all sorted so relatively easily for you despite the long wait, at least you can travel with a clear conscience rather than have the worry all the way over if you will be refused entry. Have a great holiday.

[Seminole]

LBD, generally to be denied entry, the crime has to be one involving moral turpitude or something that would be deemed reprehensible. Criminal mischief as a child doesn't fall into such a category and no one should have been making you anxious about it. However if a UK visitor has been convicted of a serious offense where possible jail time could exceed one year such as a felony or has been convicted of illegal drug offenses or has any kind of history of child abuse they will probably never get into the US.

[Carla]

That's great news LBD. It's not the nicest place to wait, is it??

[steph_goodrum]

"LBD, generally to be denied entry, the crime has to be one involving moral turpitude or something that would be deemed reprehensible. Criminal mischief as a child doesn't fall into such a category and no one should have been making you anxious about it"

Sorry Seminole that isn't quite correct , the immigration officer can deny you entry if he doesn't like the colour of your shoes and doesn't even have to give you a reason why. They have the discretion to refuse entry to anybody they choose.

[LBD]

When I was at the embassy I asked someone to clear up this "moral turpitude" thing as everyone is getting confused about it. I was told that there is no specific definition of an MT crime. He told me that basically a moral turpitude crime is one that is punishable and seen as "intentional" which he said just about covers every crime you could think of including criminal mischief as a juvenile. This is why the embassy are so insistent that every person who has ever been arrested for any crime whatsoever (even if not convicted) MUST apply for a visa. They say that if you have only committed one crime, or several crimes as a juvenile, or an adult crime over 5 years ago then you will be eligible to receive a visa. This does not mean you can travel on the vwp, it just means that you are likely to receive a visa when you apply for one without much difficulty. If your criminal record is more serious than that then you are automatically ineligible to receive a visa - at your interview the embassy decide whether to put you forward for a visa which will then be decided by the Home Office in Washington which is why they always quote 12 weeks for it to be sorted.

Hope this clears things up as this came from the "horse's mouth"!!

[steph_goodrum]

LBD
Just another point that I don't know if it was explained at the interview but when you arrive at immigration anyone travelling with a visa (since the beginning of this year) now has a photo and fingerprint (I think it is inkless) taken so they can cross check on future visits. If the rest of your party are travelling under VWP then I could imagine you would think there is something going on if you are the only one to go through this procedure. So don't panic they're not targetting you but anyone with a visa.:)

[Seminole]

Hi Steph, no I agree with you that entry can be denied for any reason. I was just commenting on the question of how and to what extent a criminal conviction or charge may bear on being allowed entry. I happened to be discussing this very issue a couple of weeks ago with an immigration attorney and he had suggested to me the general guidelines I referenced above as they relate to how a past criminal problem may affect entry.

[steph_goodrum]

Seminole
Do you think we should all be making our children read these posts to see how something they consider may be very trivial or "a bit of fun" at the time can have such a long term effect. Wasn't it one of the Beatles that had a real problem getting into the States because of a past cannabis conviction? Of course we reciprocate in the UK - I mean we make it really difficult for Mike Tyson - a convicted rapist to come and earn a fortune in this country.

[LBD]

Steph

I did wonder how the visa would affect me when I arrive at immigration. I'm worried I will stand out like a "sore thumb" which means they might question me further. I really don't want to have to explain things to my kids who are currently unaware of my little mishap when I was 13!

[Seminole]

Steph, trying to communicate with teenagers is probably a trans-Atlantic problem!:)

[steph_goodrum]

"trying to communicate with teenagers is probably a trans-Atlantic problem!"

Global I would think. Seminole :D

LBD
At least you know so you can forewarn the children that because you got the visa you will have this done, and they'll see other people as well so won't think anything untoward of it I'm sure. You can always tell them you misunderstood the new visa law that was coming in and thought you'd go and check out if they all needed them and whilst you were there thought you'd get one anyway, but decided not to pay for all of them.:)

[royplumber]

me and my mate are booked to goto florida in 4 weeks time for 2week holiday i have just read this about visa (needed to get in to the country)
i had loads of convictions about 12 years agos most serious glassing sombody in a night club and friend as simlar conviction.

Is this a problem will we get refused entry i didnt real know please help can you please personal message me also many thanks

[royplumber]

I just thought i'd let you all what happend as messages have been left.
we decided not to go to emmbassy because we only had 4 weeks left (with our record's there is no way they would let us in) couldn't cancel the holiday would not give us the money back.
what i didnt tell you all was. I felt the lord telling me to go and take me old mate ive been out of trouble for 12 years when i worked it out properly.Since i became a christian.
15 plus years ago I punched my girlfriends brother in the face but i had a glass in my hand at time
and went to jail for it he only pressed charges cos he wanted money

My mate who i took is a drug addict and got loads of form i took him and he had methodone on him in his bag from the rehab centre he attends two weeks worth. I tell you i was not 2 happy he's got tatto's (union jack tattoed on his hand and ive got em all over me hands too) so we gets to the airport security is very tight but we got through passport boarded and set off. got to orlando then we were tired sick and didnt know if we'd get past passport control my mate filled in the passport waver form in 6 times before he got it right there was no people left they'd all gone he asked me what my job was and what i was doin here i said on vacation then let us through bingo i didnt feel i was lieying on visa waver because as my convictions in uk are spent and if he said out i'd of said i didnt know cos i didnt when i first booked hoilday but traveling nine hours and getting told to go back to uk i was hateing. We got in i belive it was a miracle but even better my friend is into jesus now and he nicked my bible and is working really hard on removing his addiction from his life so i say God bless america co's blessed me so much the moral of the story is get a visa if you can just like the expert's on here encourage you all so thanks for all the possitive help because most of the christians i know told me to not go God Bless hope you don't have to endure all i did better still don't get into trouble (by the way 1,600 miles around florida in a sebring was bliss have a nice hoilday !!!!!!!!

[steph_goodrum]

I'm glad you had a good holiday Roy but travelling in your situation without a visa was a big risk and not one any of us would recommend to anybody else in your situation.
It just goes to prove the inadequacies of the US immigration system that you and your friend were allowed in and especially as your friend was also carrying methadone with him. Even with a doctors certificate I don't think it would have been legal.
The reason I find it so frustrating that you were allowed entry is that a friend of ours who had lost his mother (who he had lived with alone since his father died) and nan within a week of each other a few weeks before Christmas (this was even pre 9/11 before security was supposed to be increased), a week later he was made redundant so as you can imagine was feeling pretty low and decided to spend 3 months in Atlanta with his aunts family before looking for a new job. He had no criminal record, not even driving convictions, but because he had a ticket for 3 months, had no mortgage on his flat and no job the immigration officer decided there was a risk he might try to look for work and overstay his visa. Non of which was his intention he just wanted to get his head together before he looked for a new job as he knew he wouldnt have the opportunity to have 3 months for a while.
He was kept in detention and put back on the next plane to UK, and it was not a pleasant experience. His first visa application was refused costin ghim even more money (apparently this is quite common if you have been refused entry - to "teach you a lesson" for trying to get past the rules - none of which he did) but the next was approved ok.
I'm glad you and hopefully your friend are trying to get your lives back on track but I hope other people do not follow your example and just take a chance rather than following procedure as another person may not find the same experience as you.

[royplumber]

i agree my freind is going to church now and is still of the druggs i guess we must all take risks in life not really knoeing how things are going to turn out

[Trina]

Just thought I would let you know that the waiting time for a decision as to whether a visa will be issued to someone with a criminal record has gone up to 16 weeks. I know of a situation where it has taken since Easter to collect and fill in all the necessary paper work (Because it is such an old offence)and return it and because they had not heared anything within the 4-5 weeks originally quoted rang the contact no. They were told not to contact them again for 16 weeks unless of course they heared something from them in the meantime. There is no fast track or priority list. This couple are now going to have to cancel going to a family wedding in Hawaai because the remaining balance of the trip will be due about the 16th week and not covered then by their cancellation policy - they can not afford the risk. I have tried to console them with saying that all might not be lost and that if all proves to be okay then perhaps they can get a late booking.

The sad thing is that if visas had not cropped up in conversation then they would not have known and could well have been turned back at L.A They booked everything on the internet.

So, if there is anyone looking into this forum and has any doubt at all as to whether they need a visa then don't leave it too late to apply. This waiting list is obviously going to get longer.

Trina