CRIMINAL RECORD - UPDATE

[prmoldoaks]

I wish I had seen this topic and studied it before.

For clarification here is the only exception to the Visa Rule and it relates to Arrest/Convition under 18 years:

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

You see to sum up

1. Providing you only commited 1 crime

2 This was commited before you were 18

3. And the Visa waiver was not complted within 5 years of that crime

This appears to be the exception.

Hope this helps, the advice give above has been extracted from

http://travel.state.gov/visa/frvi/in...ties_1364.html

US DEPARTMENT OF STATE WEBSITE

Regards all

[Nostromo]

Correct me if I am wrong, but those exceptions apply to the fact that a visa might not be refused on application despite the conviction. But the person will still have to DECLARE it in the first place, won't they?

[Robert5988]

<blockquote id="quote" class="ffs">quote:You see to sum up

1. Providing you only commited 1 crime

2 This was commited before you were 18

3. And the Visa waiver was not complted within 5 years of that crime

This appears to be the exception.

Hope this helps, the advice give above has been extracted from

http://travel.state.gov/visa/frvi/in...ties_1364.html

[/quote]

My understanding in the useful link you provided is that this information applies to the granting of a visa.

Although the term "waiver" appears in that regulation it is not relevant to entry under the Visa Waiver Scheme(VWS).

Again my understanding is that someone who was arrested when aged under 18 - even if that were more than 5 years ago - could still not enter under the VWS.

Or have I got it wrong?

[prmoldoaks]

If you vist website

http://www.cbp.gov/xp/cgov/travel/id_visa/vwp/vwp.xml

it gives you questions and answers realting to Visa Waiver Programme, the web site is US Customes Border and Protection.

If you look at question " WHO IS ELEGIBLE TO USE A VWP" it lists all the requirements and staes :

"you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a)"

Which brings us back to my post above which relates to 212(a) of the Act.

If in doubt always check with the Embassy, but the Act is written for both sides to interpret and clearly defines the requirements of the USA.

You can get a copy of I-94W (Green Form) from web site

http://www.cbp.gov/xp/cgov/travel/id_visa/vwp/

The question you have to answer honestly is :

"Have you ever been arested or convicted FOR an offence or crime INVOLVING moral turpiitude or a violation related to controlled substance: or been arrested or convicted for TWO or more offences 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"

Hope this helps

[Robert5988]

Prmoldoaks,
I see the point you are making.

<blockquote id="quote" class="ffs">quoteII) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
[/quote]
That condition in the above quote is interesting. Many convictions result in a minor punishment – particularly for a first offence. However the person may have been prosecuted under a section that carries a maximum possible sentence of custody in excess of one year; albeit that this is rarely awarded. It is surprising how many offences under UK law have – in theory - long custodial sentences.

My concern would be that you have to "convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act."

Also that in entering under the VWP "you waive any right to review or appeal a CBP officer's decision as to your admissibility."

I suspect if you answered "yes" to having been arrested on the I-94W you might be in for a long delay at immigration while it was sorted out.

[blott]

You can't enter the USA on a visa waiver if you have ever been arrested (see http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm) and you need to apply for a visa.

The quotation originally posted by Prmoldoaks relates to being refused a visa and not travelling on a visa waiver.

[prmoldoaks]

Yes Blot what you have posted is correct.

But please note the Waiver Visa is written in accordance with and under Immigration and Nationality Act.

The quotatio above is from the Immigration and nationality Act and relates to all Visa's including Waiver Visa's (Which are Visa's).

If you are over 18 and have been arrested YOU MUST APPLY FOR A VISA.

The Immigration and Nationality Act is what is important and as long as you FULLY COMPLY with the ACT you have no problems.

This is my interpritation of the Act (which is pretty clearly written), you can obtain a copy of the act from the US Embassy. It just so happens that my website reference shows under Visa applications.

Your website post also refers to I-94W (Green Card), again you have to answer honestly item "B" on the Green card and if you can say honestly "NO" you have no problem.

The Green card is issued by the US Customs and Border Protection OMB 1651.0111

REMEMBER, IF IN ANY DOUBT CONSULT THE EMBASSY DIRECT