Criminal records/visas ......

[Sparky31]

Has anyone returned from the US since the new visa thing came into play, and should have applied for a visa but didn't? How did it turn out?

I was arrested and given a caution for theft when I was 15. In their law it states that if you committed a crime of moral turpitude (which I think theft is one of) but were under 18 then you don't have to. However, when I call the Embassy phone line they say I do! They don't seem to know their own law!

I have travelled to the States 4 times and never been pulled although I did answer no on the visa waiver form. I think I will be doing this again too, as there is no way on earth they will have records for all the UK people who have been arrested!

 

[Sparky31]

Hmmm, upon having my other half read the Immigration and Nationality Act, he thinks that I would still need to apply for a visa, but would get based on the fact that I was under 18 and it was about 15 years ago!

I'm now half inclined to apply for one - certainly don't want to spend thousands on a holiday and then be sent back!

 

[jjcollins]

Sparky first of all you don't need a Visa -- in saying that your crime does come under moral turpitude - but you were only given a caution and as far as i know that caution would have been removed from your file after 5years.

Where i think you're a bit mixed up is the EXCEPTION for under 18's is in fact for applying for a Visa - quote - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

2) Criminal and related grounds.-

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



I did travel to the States in Oct and having a fine for disorderly behaviour i had to check it out -- One U.S Embassy told me i did need a Visa but my local Consulate in Belfast said NO because it wasn't a crime of moral turpitude ( if you ask me their heads are up their B##S lol )

Do you all know that once you sign your visa waiver form on the plane and hand in to the guy on the desk -- if he says NO you have no way of appealing his decision --


If i was you i'd check the Police Station you were given a caution in and see if the have a record of it -- if not you'll be fine without one.


Also did you know that say you did something say in 1995 and then did something again in 1999 you 1st convection would stay on your record -- you must have 5 straight years of being good lol -- well thats what i've found out here in Northern Ireland. On my trip i had a document from court proving my conviction was not a crime of Moral turpitude.


Hope this helps


jj.........