A question about visa waiver

[floridagirls]

Hi first post for me so please be gentle
We have recently booked our first ever family holiday ,children have never been on a plane ,we are off to Orlando in January for 2 weeks.
After reading a little discovered my husband may need a Visa ,was charged 25 years ago when he was a silly boy for drink drivng
Can anyone help and tell e if this is correct
many thanks

 

[natalielongstaff]

can't help with your qusetion but i wanted to say

welcome to the boards

 

[alisonbestford]

I'm pretty certain that 'minor' traffic offences like speeding tickets etc don't count but not too sure about drink driving

There's bound to be someone along, shortly, who can get you on the right track

As Natalie says.....'Welcome'

 

[Minniespal]

Here is a link:-

http://travel.state.gov/visa/temp/without/without_1990.html#national

If your DH has a crimimal record then he will require a Visa.

Welcome to the Dis

 

[UKDEB]

This is from the US Department of State's website, in relation to eligibility for the Visa Waiver Program:

(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).


For argument's sake, let's assume that drink driving is a crime of moral turpitude. The maximum penalty for that offence is 6 months. Provided it is the only conviction your husband has ever received, he is eligible to apply for entry under the Visa Waiver Program.

 

[UKDEB]

If your DH has a crimimal record then he will require a Visa

Florence, it isn't as cut and dried as that. It depends on the nature of the conviction and, even then, there are exceptions (as outlined in my post above).

 

[Obi Wan Kenobi]

I am not too sure as the fact its 25 years ago means that under the Rehabilitation of Offenders act, its now expunged from his record.

You need to ring the US Embassy (on their horrendous premium rate call cost) to confirm.

 

[Minniespal]

Florence, it isn't as cut and dried as that. It depends on the nature of the conviction and, even then, there are exceptions (as outlined in my post above).

Thanx for that Deb ~ Thankfully wisa waiver has always been enough for me.

 

[kristieuk]

I don't think the Rehabilitation of Offenders Act applies in this situation, but I think your DH should be fine. It is, as Deb points out, only those arrested or with convictions involving crimes of 'moral turpitude', or drugs offences.

I haven't been able to find a definitive list, but this site gives an idea of the types of crimes of moral turpitude http://www.uslegalforms.com/legaldefinitions/m/moral-turpitude.php

It doesn't mention anything like drink driving, and combined with the situation regarding maximum sentence, I am sure your DH would be ok.

 

[MorningGlory]

I don't think the Rehabilitation of Offenders Act applies in this situation, but I think your DH should be fine. It is, as Deb points out, only those arrested or with convictions involving crimes of 'moral turpitude', or drugs offences.

I haven't been able to find a definitive list, but this site gives an idea of the types of crimes of moral turpitude http://www.uslegalforms.com/legaldefinitions/m/moral-turpitude.php

It doesn't mention anything like drink driving, and combined with the situation regarding maximum sentence, I am sure your DH would be ok.

She also mentioned her husband being a 'silly boy'. If he was under 18 at the time, the part Deb quoted also suggests that these 'crimes' are void.

 

[GrumpyUK]

The Rehabilitation of Offenders Act is NOT recognised by the US.

Look at the US Embassy website. Technically you should apply for a visa if you've ever been ARRESTED for an offence irrespective of if that arrest resulted in a judicial disposal (caution, court case).

The Americans are very, very hot about this and they dip sample the visa waiver forms. If you have not declared something you can be deported.

Make a call to the Embassy - you won't be the first. They will not worry about minor offences. This might seem a hassle now but surely it's better than paying out for your holiday and having an ooops moment.

Incidently if you have a conviction for a schedule 1 offence (and you will know if you do) I very much doubt you will be let into the USA. Ever.

But...do check. I only have experience of persons who have committed the most serious offences, so my reading of the legislation may be skewed, but unless I've gone incredibly wonky the arrest clause is there.

don't panic - do be honest.

 

[UKDEB]

Rob, whilst I'm more than willing to bow to your undoubtedly superior knowlege, I'm confused about the seemingly conflicting information provided by the US Department of State and US Embassy websites. In fact, when I look at the Embassy website, I just keep returning to the same information I've posted above. Can you provide a link to the information you're referring to?

 

[buzzbuzz21]

Hi i have been looking at the visa waiver website and trying to decifer the information! so confusing! my boyfriend when he was 13 was charged with ABH (silly boy also!) would he be alright with the visa waiver or would he need a visa? Sorry for all the questions i have no idea about any of this stuff!

 

[GrumpyUK]

Here is the link to the US Embassy website
www.usembassy.org.uk/cons_new/visa/niv/vwp.html

which contains the following paragraph:

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.

 

[jen_uk]

If it was 25 years ago I really don't think you have anything to worry about. I don't see how they check up on the visa waiver when they don't have access to our criminal record files, plus it takes weeks to check someones criminal records. If you have a criminal record for drugs, or murder etc then I would say don't travel under the visa waiver but for drink driving 25 years ago its not worth the trouble of applying for a visa.

 

[alisonbestford]

Hi i have been looking at the visa waiver website and trying to decifer the information! so confusing! my boyfriend when he was 13 was charged with ABH (silly boy also!) would he be alright with the visa waiver or would he need a visa? Sorry for all the questions i have no idea about any of this stuff!

From what I understand he would be fine to travel on the Visa Waiver form.
Incidences for 'minors' aren't 'counted'.

DH was charged with ABH when he was 19 (21 years ago) but we have always travelled on the Visa Waiver programme with no problems - not saying that he shouldn't have applied for a visa, just that, in 9 years of travelling to the US, this hasn't been a problem and we weren't so fully aware of the stringent visa regulations 9 years ago to apply for one

 

[UKDEB]

The link which Rob has provided contains a Visa Wizard. If you follow it through, you eventually arrive at the "arrest" question:

Some applicants are uncertain how to answer the question, "have you ever been arrested?"

In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.

If a traffic offense occurred while you were in the United States, and you have an outstanding fine against you, or if you did not attend your court hearing, it is possible there may be a warrant out for your arrest and you will experience significant problems when applying for admission at the U.S. port of entry. The Embassy cannot assist you in this regard. You must resolve the issue before traveling, by contacting the court where you were to appear. If you do not know the address of the court then information is available from the Internet at http://www.uscourts.gov/links.html.

Is the full extent of your history of legal violations limited solely to minor traffic offenses that did not result in your arrest and/or conviction?

Answering "no" to this question takes you to a screen which tells you you're not entitled to travel under the Visa Waiver Program. I'm completely confused as this directly contradicts the information on the US Department of State's website. One thing which does seem clear is that phoning the Embassy won't achieve anything.

 

[floridagirls]

Thanks so much for all the advice will take it all on board,thanks for the PM i cannot reply personally as I have not enough post counts but much appreciated ,wil discuss with my husband tonight

 

[Goofysmate]

Hi first post for me so please be gentle
We have recently booked our first ever family holiday ,children have never been on a plane ,we are off to Orlando in January for 2 weeks.
After reading a little discovered my husband may need a Visa ,was charged 25 years ago when he was a silly boy for drink drivng
Can anyone help and tell e if this is correct
many thanks

When we went last year my DS had to get a visa because of a rage road incident he was involved in with another person. They were'nt charge but just given a verbal caution. We rang the embassy and were told that he would need to get a visa to enter the states.
I think that the best thing to do is contact the embassy or go on there web site. Good luck

 

[kevg1889]

I had to go through the process in November of applying for a Visa, due to being arrested for a minor offence some sixteen years ago. Basically, if you have a crininal record you must apply for a visa or risk being depoted on arrival. You could risk answering no to the the criminal record question on the visa waiver form, and chances are you will get away with it. The problem is, what happens if you are picked out for further checks, which happens quite frequently.

Personally, I wasn't prepared to take that risk, so went through the process of attending the US Embassy and now have a Visa on my passport, but this only lasts for a year.

It really is up to you whether you are prepared to take the risk. Good Luck whichever way you decide to go. If you want any further info about the process of applying, feel free to contact me.