visa waiver

**maya101** · 02-04-2003, 20:10

I'm trying to get information about the above programme. We are booked to go to Florida in June, but have noticed postings on various sites to do with how strict the immigration is. My partner has a spent conviction (assault or breach of the peace...not sure as it was before we met) and the last time we went to the us, we hadn't realised that there could be a problem, so he lied and said he had no convictions. There was no problem.

But things are different now, and he still wants to risk it. He thinks that they can't possibly check everyone, and even if they did, it was so long ago..blah...blah. I'm worried sick. I checked and applying for a visa is a long and costly business, involving £60 fee and a visit to Edinbugh for an individual interview. I don't see why what he did 15 years ago should cause anyone a problem now, but do you think we're being naive and stupid to rely on the hope that no one will check?
Any advice would be greatly appreciated.

**caroline** · 02-04-2003, 20:43

Hi
I've just been onto the US embassy website and the following link has all the relevant information http://www.usembassy.de/travel/index.htm - Whoops cancel that unless you're German!

**steph_goodrum** · 02-04-2003, 21:06

This is the ruling I picked up from the Immigration office website.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).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

http://www.immigration.gov/lpBin/lpe...htm#slb-act212
Is the website , you coul e-mail them and ask the question with all the facts but it looks like, if you say it is spent, I'm guessing it was more than about 10 years ago, and if it was only one offence and he didn't spend more than 6 months in prison etc etc. you should be ok, but as the passprts are being scanned more frequently, after Oct. 1st it says everyone must have a machine readable passport, it is not worth trying to evade it if he does need a visa. #
The 64,000 dollar is what is classed as "moral turpitude"?

**athurstance** · 02-04-2003, 21:16

Steph, Those are the requirements for being given a visa. You are not eligible for visa waiver travel if you have ever been arrested - you don't even have to have been convicted. And the fact it is spent makes no difference. Your partner would most likely be given a visa but he is not strictly speaking eligible for the visa free program.
Having said that I would agree with him - how on earth are they going to find out? I would say the odds on him just being allowed in are exgtremely high.
If you want more info about the visa waiver program the UK site is here:
http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

**steph_goodrum** · 02-04-2003, 21:38

Angela
That was where I was led to when I followed the link from the FAQ section on the Visa waiver programme
"When Must I Obtain a Visa Instead of Using the VWP?
If you intend to arrive in the United States aboard a non-signatory air carrier, you must obtain a nonimmigrant visa prior to boarding the aircraft. Similarly, if you intend to visit the United States for more than 90 days, you must obtain a nonimmigrant visa before arriving in the United States. If you believe any grounds of inadmissibility at INA § 212(a) apply to you, you should apply for a nonimmigrant visa with Form OF-156 before traveling to the United States. You can obtain Form OF-156 from the American Embassy or consulate nearest your place of residence or the State Department Website. Although you may be inadmissible to the United States, you may qualify for a nonimmigrant visa and waiver, which will allow you to travel to the United States.

It may be a different section for stays under 90 days. The link was at the INA 212 (a).

**athurstance** · 02-04-2003, 22:32

Must admit it is horribly complicated to fight your way through their website. I have been looking at DH applying for a L1 visa - myself and the boys need a L2 visa. Very confusing. I think I have the right forms now however. It also seems to be quite expensive but still I suppose it will be worth it in the end.
Good luck with this maya - hope you don't have any problems on arrival - I'm sure you won't.

**maya101** · 02-04-2003, 22:34

Thanks for the replies. Gosh it is complicated!!

I think the gist of it is that because it was one offence, and involved no custodial sentence, then he'd be ok.

I had a police check for my work, so i know that I'm ok....but it took 4-6 weeks for them to get it through the system. How could they possibly check at an airport??

However it is true that your sins will always follow you!!I'm just so glad that i was never caught when i was getting up to mischief 20 years ago!!

**danazara** · 16-07-2003, 12:55

I am in exactly the same predicament as you. My partner has a crimnial record for something he did 14 years ago and only got a fine for it. He has an appointment in July and if he is granted a visa it will take up to 12 weeks to process. We have booked our holiday for October 24th. Now he brother needs to apply for a visa also, but his appointment is not until August which means he won't make it before our October holiday, so he is thinking whether to just go and not say nothing as his conviction was over 20 years ago. But it has made us so depressed now that we are even considering cancelling the holiday before the balance is due in August.

quote:Originally posted by caroline

Hi
I've just been onto the US embassy website and the following link has all the relevant information http://www.usembassy.de/travel/index.htm - Whoops cancel that unless you're German!

**Harmony** · 16-07-2003, 15:12

The amaericans are being much more careful with regard to who they let into their country. Computer systems are get better at tracking peoples history and movements. From October 1st all passports have to be machine readable i.e. a computer reads it instead of a human being. I'm sure the day will come when any conviction will be know by BIG BROTHER. I would not take the chance on being caught out. It's just not worth it.

Jeff