uk entry to usa

[flutterby]

Hello everyone, I am very new to this so please excuse any faux pas! This is my first ever post, I have been absorbing all your great info for ages. I have a question about visa requirements to usa: If someone has received a formal caution (over 10 years ago), but not a criminal record (as asured at the time) do they still need to obtain a visa or will the visa waiver form be ok?

Can anyone please, please help, because we want to honeymoon in WDW next September/October and don't want any nasty surprises!

Thanks in advance, xxxx

 

[Claire L]

As posted by someone in another visa post the US classify a criminal record differently to the UK, so would hold a formal caution as a criminal record in their eyes as anything recorded by the law (Police) resulting in action never dissappears there, unlike here. Hope that made sense. To make sure you get a worry free honeymoon I suggest you look into getting a visa filled out and processed as soon possible so that you can book knowing everything will be alright.
Oh and welcome to the boards, feel free to ask any questions as I'm sure someone knows or can find out the answer.
Happy planning.
Claire

 

[flutterby]

Thank you for your reply and kind welcome Claire.
I was hoping a visa would not be necessary, but never mind.
If we travel last week in September 2004, when would i need to apply for a visa?
Also what info would they need, because I don't remeber much and i have no official documentation relating to the 'caution'?

 

[BiGGy]

welcome to the board flutterby nice to see another fellow brummie

any other questions or planning help, feel free to ask


Rgds

BiGGy

 

[Claire L]

Flutterby,
I'm not too sure on what documentation you would need as once the caution has expired it gets wiped form the Police National Computer, that is unless there are further convictins etc, but in your case I m not sure how you would show it was given as anyone cautioned never recieves a copy or confirmation of its existence.
As for applying for a visa do it when it is convieient to you unless someone can put me right and say a travel date or confirmation of booking is needed. Also I think the visa lasts a while, last I heard it was ten years or has that been reduced due to 9/11 and terrorism in general??
Hope that is of some help and someone else can fill in the blanks.
Claire

 

[flutterby]

Thanks Biggy and Claire!
I am very excited about taking FH to WDW (his first time).
I have been once about 8 yrs ago, incidently this was when i was working in US as a nanny with a 12 month visa, which i got with no problems and also cleared to work with children there with nothing mentioned about any record of the caution. Does this help prove or not whether I have a criminal record in US?

 

[Claire L]

Flutterby,
Not too sure about having had a visa before helping unless it showed details of your caution, if indeed they required them then. There are more regulations and formalities now in checking a persons identity and background etc as far as I am aware.
Hope someone on the boards can advise you better as they may have recently been through the process.
To be honest I think it would be better if the US went back to how it was in the 80's when everyone needed a visa, at least then then would be no worrying as to if you need one and less form filling on the flight.
Claire

 

[jjcollins]

I have a fine (£45) for disorderly behaviour... from 1985. So i thought i better check this out, the response was because my crime was not Involving Moral Turpitude so i don't need a Visa.


Definitions of Moral Turpitude

Crimes Against The Person

Murder/Intentional Homicide
Voluntary Manslaughter
Homicide by Reckless Conduct
Involuntary Manslaughter w/ Reckless Disregard
Attempted Murder
Kidnapping Mayhem
Assault or Attempted Murder Upon Government Officers
Carrying a Concealed Weapon w/ Intent to Use Against the Person of Another
Assault w/ a Deadly Weapon
Assault w/ Weapon Likely to Produce Bodily Harm
Interfering w/ a Law Enforcement Officer
w/ Use of Deadly Force
Attempting to Obstruct/Impede the Progress
of Justice
Aggravated Assault Against a Peace Officer

Crimes Against Property

Attempted Arson
Blackmail/Extortion
Forgery
Uttering a Forged Instrument/Forged Prescription
Making False Statements of Financial Condition
Robbers'
Embezzlement
Larceny/Theft
Grand theft
Petty Theft
Receiving Stolen Property
Concealing Assets in Bankruptcy
Encumbering Mortgaged Property w/ Intent to Defraud
Fraudulently Issuing Check w/ Insufficient Funds
Fraudulently Issuing Worthless Check
Illegal use of ATM or Credit Card
Passing Forged Instrument
Attempted Fraud
Using Mails to Defraud
Making False Statements in Acquisition of Firearm
Securities Fraud
Welfare Fraud
Transporting Stolen Property
Obtaining Money by False Pretenses
Bribery
Malicious Trespass


Sexual and Family Crimes

Assault w/ Intent to Commit Abortion
Attempted Assault w/ Intent to Commit Carnal Abuse
Statutory Rape/Rape
Indecent Assault/Sexual Battery
Adultery
Bigamy
Prostitution
Sodomy
Gross Indecency
Contributing to the Delinquency of a Minor/Sexual Acts
Taking Indecent Liberties w/ a Child
Incest
Oral Sexual Perversion

Crimes Against the Government

Falsely Issuing a Narcotic Prescription
Offering a Bribe
Making, Passing, or Possessing Counterfeit Coins
Conspiracy to Violate IRS Laws
Securities Fraud
Counterfeiting
Smuggling Merchandise
Impersonating Federal Officer
False Statements/Firearm
False Statements or Entries
Harboring a Fugitive
Using False Names & Addresses to Violate Postal Laws
Uttering/Selling False/Counterfeit Immigration Documents
False Statements to Obtain a Passport
False Statements in LPR Application
Perjury
Theft from U.S. Mail
Taking Kickbacks
Receiving Funds by False Statements
Trafficking in Narcotics
Failing to Report Income
Union Official Unlawfully Accepting a Loan
Kickbacks on Government Contracts
False Statements/Selective Service
Falsely Representing Social Security Number
False Statements/Unemployment Benefits

Hope this helps


jj.........

 

[Claire L]

JJ,
All seems very confusing to me!!! As many of the headings can cover alot of things, especially with the terminology used in the US not necessary menaing the same here. But basically I get the idea they are not interested in minor road traffic tickets, public order offences on a small scale and drunk and disorderly type offences.
Claire

 

[flutterby]

Not sure what to do, i was only 17yrs old at the time and have never declared it before. It never emerged when i applied to work as a nanny and nothing since. So I have absolutely no info on the status of my 'record' ( if i have one). When it happened, the police said nothing would be recorded because I was decent young person with a bright future that they did not wish to compromise. It may be wise to obtain a visa to be on the safe side.
Is there any way of finding out officially whether you need one or not?

 

[flutterby]

by the way, i did not have to pay a fine or appear in court or anything like that, just got told off in a formal manner

 

[jjcollins]

I'd say your fine no need for a visa -- flip me if you don't get in then theres no point in anyone else trying. The whole thing seems mad to me ( do these terrorists not use false passports )



jj.....

 

[flutterby]

Thanks for the reassurance jj
I would still feel more confident if I could get an official confirmation of whether I'm ok or not, is this possible?

 

[jjcollins]

Yes you can ring Operator Assisted Visa Information Service: Call 09055-444-546 Monday through Friday, between 8.00 am and 8.00 pm, and Saturday, between 10.00 am and 4.00 pm. The service is not available on British public holidays. Calls are charged at £1.30/min. Or Written information is available from:

The Consular Information Unit
United States Embassy
24 Grosvenor Square
LONDON W1 1AE

A stamped, self-addressed envelope must accompany the request.

E-Mail: You may e-mail us with your inquiry. Please be sure to include your return e-mail address
http://www.usembassy.org.uk/cons_web/visa/moreinfo.htm

Theres also a Visa Information Line: 09068-200-290 (24 hour)
60p/min; only available in the U.K., within U.K. may be unavailable from some business telephones and mobile networks.


jj..........

 

[flutterby]

Thanks jj for the good advice and links which I am definately going to check out. I will let you all know how I get on, I'm sure there are plenty of others in my position.
Already I feel much, much better, this trip is going to be very special. I can't wait!

 

[IAN5150]

Hi Were You arrested If you were youll need a visa it says on the website you need a visa if ever arrested regardless of it resulting in a conviction or not,
I need a visa for a petty offence 22 years ago even though its not on police records but Ive had to hunt it down in the county records dept where they keep all the court docs
FloridaLol God bless im found out a lot of stuff for me and said because I was issued with a visa in the eighties it will go in my favour even tho its not a right for renewal
Youll have no trouble getting one I should think but youve plenty of timeif going in 12 months ,My app is Sept 10th and supposed to fly Dec 5th so if comes to worse Ill have to postpone
Id agree with earlier post let everyone have one then theres noone sent back...presumably!
Good Luck! Sorry if this is bad news but check out the website better to be sure

 

[peewakio]

Visa Waiver exception clauses

Flutterby,
This link is from the US immigration website detailing the exceptions with regards filling out a visa waiver form.

 

[flutterby]

Thanks for all your quick replies, I have just had a quick look ( I am at work!)at the link you posted peewakio. Am I right in thinking that in any case because I was under 18 years of age when this took place that it won't be an issue?
The problem is that I don't know whether I have any mark against my name or not or if I have, what it is, (hope that makes sense).
It was so long ago and no action was taken against me ( it was concerning my mother rather than a member of the public), apart from being taken to the police station, going through some formalities and being severely told off. Will my age at the time render it irrelevant?

 

[jjcollins]

Peewakio thanks for the link ( i had it anyway lol ) Now Ian have a look at the link no,2 A


(I) Conviction of certain crimes.- a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime)


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,



jj........

 

[flutterby]

jj, does that mean I am ok then? Sorry if I am thick and paranoid! Is it still worth me following up your links to find out if I am clear? And what do I ask them, I really have no details of the incident and I don't even remember the exact date, but I am positive it was before my 18th birthday as I was still at 6th form college doing A-levels.