all plans on hold :( got fingers tightly crossed for visa been approved

[bex7583]

well after been told so much conflicting info about my boyfriends visa requirements

most travel agents say hes ok to travel on a esta but the embassy website says he needs a visa

hes in whats know as the " grey area " according to legal definition of the questions !!
he does answer no to all the esta questions as non of his past criminal convictions fit in to the moral turpetude , illegal substance , 5 year confinement catergory it specifically asks!! but the visa wizard just asks if you have ANY convictions other than minor motoring and regardless of how long ago

so we have decided for our own peace of mind hes going to apply for the full visa!! im really nervous and worried im going to hold it against him forever if the visa gets refused

just hope they see him favourably he was so young (no record since age 17) hope that things he did in his teenage years dont cost us our dream family holiday

i have started the process and applied for his police certificate , that should be here in 10 days then i can make the embassay apointment

has anybody else had the interview before? any thing usefull you could tell me about evidence you took to support your application and hoefully get it aproved

 

[london75]

Not that I'm recommending one way or the other but search criminal records on here as there was definitely someone here a while ago that went through the whole business to be told why did they bother for such a minor conviction.

If you can answer the questions on esta I think the consensus (I am not a legal expect) is that you're fine.

 

[bex7583]

yes thats what im hearing a lot !! im really torn if he was travvelling on his own he would prob do it but i would just have a guilty face lol would be a wreck going through customs

also its not just one offence ! its a whole phone book sized document from age 14-16 !! ( he was left in the care of his older brother age 14 while his mum buggered off with a new boyfriend luckily when he realised all his mates were going to jail he decided to get away and relocated to another town and that was the end of it

i have already done a esta for him and it was approved , i told travel agent he had a record and they just told me to refer to the esta website it was only through my own research i discovered you had to qualify to travel under the vwp

oh and the american immigration cant acess the uk criminal records unless they ring interpol specifically and request them ( thats what i read on unlocked website anyway)

 

[flortlebap]

I had the same worry as you with an arrest (not conviction though) with OH from 1999. I think violence, fraud, or drug convictions may preclude him from entering the country, if they apply. Some people get a lifetime ban but as he was a minor I doubt that would apply!

 

[flortlebap]

Sorry should have said, you're doing the right thing applying for the VISA. Even if his ESTA was approved it doesn't guarantee entry so you'd only be worrying he'd be kicked back out when you got to the US, it's well worth the peace of mind of a VISA in your situation!

 

[london75]

In fact I think under 18 is key here isn't it? Doesn't your record cease to exist at 18 or is that in the old days before riots and kids with guns and knives and things?

I'd be seriously surprised and a little angry if the US could access a record obtained as a minor.

 

[cheryl.UK]

Crossing finger for you x

 

[bex7583]

im not sure , the esta help section does say the excemption to them moral turpetide crimes is age under 18 !!

he never had any drug involvement or custodial sentences and it was all in youth court

i will maybe wait and see what shows up on this police certificate we have sent off for it

the immigration people in usa do not follow the rehabilitation of offenders act so no idea how this applies to crimes commited as a minor , i did see somthing about him been excused as a juvenille delinqent lol

i may be excessively panicking but i have spent the last few days reading pages of legal terms n definitions and my head is boggled with info !!
oh and saw a amazing deal on thomas cook so really want to book , best quote i had for most package in entire time i been searching

 

[bex7583]

I had the same worry as you with an arrest (not conviction though) with OH from 1999. I think violence, fraud, or drug convictions may preclude him from entering the country, if they apply. Some people get a lifetime ban but as he was a minor I doubt that would apply!

did u send oh to the embassy?? it says its up to 3 hour interview eek

 

[flortlebap]

We looked at the Embassy and got conflicting reports like you. The arrest was for GBH but the police didn't press charges. We got the ESTA because there was no criminal record but honestly, if there had been I'd have made him get the VISA. if it was up to me I'd have made him anyway even with an arrest but I'm MASSIVELY cautious.

Edit, this was after a basic CRB check came back clean. Youre doing all the right things. At least you have plenty of time to iron out any issues now!

 

[bex7583]

does anybody know how long the visa lasts ? if i start the process of applying now i dont want it to expire we are not planning on travelling until 2013 but i dont want to book anything prior to a visa been obtained !

 

[wayneg]

Just came across this that might help you, a webchat for Visa enquiries on Thursday 24th May http://www.usembassy.org.uk/visaservices/?p=2878

There is also a record here of past webchats http://london.usembassy.gov/visa_webchats.html

 

[lgp1]

does anybody know how long the visa lasts ? if i start the process of applying now i dont want it to expire we are not planning on travelling until 2013 but i dont want to book anything prior to a visa been obtained !

I renewed my visa last year and it lasts for 10 years. My original visa lasted for the same length of time.

Whether they issue some for shorter periods than this i'm not sure.

Lyndon

 

[crabbie1]

We started the visa process and £400 later stopped it as spoke to the boarder and customs control in florida who said that my boyfriend DUI was nothing to worry about and the esta coveres it. They told me the US have no way of accessing any UK criminal records.
After getting so much advice and going down the visa route as i am a worry guts getting conformation from them and reading on forums that people had gone with just an esta we took the gamble but i have to say I was beside myself when we landed. They never even said a word to dave infact it was me that got a telling off as I had an apple in my bag
The embassy were very rude to dave. He waited 1 hr to see them was in there 5 minutes to be told he had to make an appointment with their doctors in london to have bloodtests. To say he was fuming was an understatement. After paying £120 for a return ticket to london plus the asos report they then wanted him to pay out more for something they knew he would need in the first place. Just a money making scam.
We have been twice since and go again in august.
I am a bit nervous as he has just applied for a new irish passport so means a new esta.
You have to do whats right for you and if you feel happy about applying then go down the visa root.

 

[UKDEB]

We started the visa process and £400 later stopped it as spoke to the boarder and customs control in florida who said that my boyfriend DUI was nothing to worry about and the esta coveres it. They told me the US have no way of accessing any UK criminal records..

That's spot on. US border control at the point of entry has absolutely no way of accessing such information pertaining to UK residents. Under EU law, the UK Government is precluded from pro-actively passing information on its citizens to the governments of other countries other than on a "need to know" basis (such as intelligence on known or suspected terrorists, drugs traffickers and the like). US authorities can make requests for information on specific individuals through Interpol channels, but again we're talking about serious criminal activity. When you think about it, it's crazy to imagine they could have direct access to information on Joe Public. For starters, can you imagine the outcry? (And the even bigger furore on the other side of the Atlantic because the arrangements would have to be reciprocal). And it simply isn't practically possible for US border control at the point of entry to have access to the individual records of every human being on the planet! [Insert exploding computer image here.]

This letter from the Home Office in relation to a Freedom of Information request spells out that US authorities do not have direct access to UK criminal records. This is the key section:

The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities.

Provided you can honestly answer "no" to the questions in the ESTA application, you are good to go.

 

[Fantasia Sam]

We had this same exact problem with a close family member of mine (all under age convictions that were spent) when they flew out for our wedding, OK it was before ESTA but it was when the questions were the same on the VISA Waiver Green Cards and at the time I was advised by the US Embassy that if we could answer the questions appropriately then we were good to go. We didn't actually give it a second thought after that. Since then same said family member has flown to MCO quite a few times more within the ESTA program and again all fine.

 

[howlongtillsummer?]

My husband has a ten year visa for a juvenille offence (fight at school unfortunately)!!

The process was ok and the Belfast Embassy were lovely to him - probably because he really didn't need it! It was before ESTA - first trip and I was worried. Really wish we hadn't as immigration are always surprised it is for so little.

Anyway, no that we have it I really don't know what to do about renewing it!! We are now on their system but could honestly answer ESTA questions in the clear. Suppose it is bettter to be sure but nuisance every ten years. Thankfully we have five years left!!!!

He will be fine but good luck through the process.

 

[catherine]

In fact I think under 18 is key here isn't it? Doesn't your record cease to exist at 18 or is that in the old days before riots and kids with guns and knives and things?

I'd be seriously surprised and a little angry if the US could access a record obtained as a minor.

According to DB who's an Chartered HR specialist CRB checks now flag any convictions regardless of age, so obviously it's not true that any convictions records etc. before your 18 are wiped!

 

[catherine]

I have no convictions, but I have been pulled and questioned at immigration at JFK and let me tell you it's a scary experience!! The rest of my family are US citizens and so up until a few years ago (when a kind Immigration Officer told me that I could go through with the rest of my family) I used to go through immigration by myself, I would always get 20 questions. I only say this because if the two of you go through immigration and you look like you've got something to hide (even if you haven't) they probably will and can detain you for questioning! Even if you suspect for one minute that you need a Visa and you are not 100% sure that you don't I would got ahead and apply for one! My family and I have had to make numerous trips to the US Embassy and it's abit intimidating and expensive! but if you are worried about the Visa I think that it would be worth doing! Like I say I have had to deal with the US authorities om more than one occasion ( because I married a US citizen) and like I say it's a scary experience! I really hope that when you go on your trip you're not worrying about this. Like others have said do your research and be happy with the decision that you make that way you don't have to stress about it. Good luck, I'm sure that it will all work out right!

Sorry for the long winded post!!

 

[jen_uk]

I renewed my visa earlier this year and it lasts for 10 years. My original visa lasted for the same length of time.

Whether they issue some for shorter periods than this i'm not sure.

Lyndon

My dh has always had to have a visa to the US as he is not British and his visas have only ever been for one year, even though he has had 5 US visas now they still only ever give him a year one.

Personally for minor convictions I wouldn't bother applying for a visa, as Deb said they cannot acces UK records and so if ESTA is approved I would just go