Urgent help needed on Visa query

[spotlight]

Due to go to orlando in 4 weeks but we have just discovered that we may need to apply for a visa here in the UK before we go. We read that the US now requires people entering the country to declare any past conviction whether they be spent or not. My wife and I were both in trouble with the police over 16 years ago (only the once) on minor things. Does this now mean that we need to apply for a visa here first or not? Do we have to declare this in the US or what? We are worried that we may have problems.

Please help. We have only just discovered this and are very surprised by it.

 

[Lobey]

I'm afraid your going to need visa's - the visa waiver program doesn't apply even if you have ever been arrested let alone convicted...

Quote from US Embassy Web site:

"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)"


Full details are here .

 

[alisonbestford]

This is a tough one but you can read more about why you might need to apply for a visa on this site:

http://www.usvisaservice.org/

As you are off to Orlando in only 4 weeks I fear that you will not be able to get one in time should you find you need one

From personal experience I can say that DH was arrested, and then given a conditional discharge, for AGH over 20 years ago when he got into a fight over his then girlfriend
We have always travelled on the green waiver form with no problems but I'm not saying that he shouldn't have applied for a visa.

From what I understand the US has always required anyone with previous conviction / arrests to apply for a visa but it's only in recent years that we've all become more aware of it

 

[spotlight]

Thanks guys for the two different views on this which you have supplied.

If anyone has any more thoughts on all of this I would really appreciate it. Thanks.

 

[gilld]

I think you have a very, very difficult decision, that only you can make. It is extremely unlikely you will get a Visa in time for your holiday. However, if you chose to "take a chance" and enter under the Visa Waiver Program, and you are found out, or if you decide to apply for a Visa another time, you run the risk of not being allowed into the country and not being granted one in future. So if you chance it, you have to chance it every time you go.

Personally, I would find it difficult to lie on the form, but you are unlikely to get your holiday costs refunded at this stage if you decide to postpone your holiday, so you may decide it's worth it. Either way you're in a no-win situation.

I wish you luck with whatever decision you make.

 

[alisonbestford]

I think you have a very, very difficult decision, that only you can make. It is extremely unlikely you will get a Visa in time for your holiday. However, if you chose to "take a chance" and enter under the Visa Waiver Program, and you are found out, or if you decide to apply for a Visa another time, you run the risk of not being allowed into the country and not being granted one in future. So if you chance it, you have to chance it every time you go.

Personally, I would find it difficult to lie on the form, but you are unlikely to get your holiday costs refunded at this stage if you decide to postpone your holiday, so you may decide it's worth it. Either way you're in a no-win situation.

I wish you luck with whatever decision you make.

What Gilld says is quite true.

DH called the Embassy, at the cost of £15 to be told that, if he'd already travelled on the Visa Waiver form (when we had no idea of the visa issues), but now applied for a visa the Embassy would probably consider that he'd been previously lying and may well refuse him one!

This information, alone, wasn't what made us decide to 'chance' our trip but that's a whole other story

 

[UKDEB]

over 16 years ago (only the once) on minor things

US Immigration has no way of knowing this if that helps in your deliberations.

 

[disney13]

US Immigration has no way of knowing this if that helps in your deliberations.

As Debbie says, US immigration has no way of knowing that anyone has been in trouble in the past. I, personally, think that it's all scaremongering (sp!) and that they're hoping that people will apply for a visa when they probably don't really need one.

I can't believe that every single person who travels to the States using the Visa Waiver Program has never been arrested in the past. Some would not even know that they needed a visa to enter in the first place!!

Whatever you decide to do, I wish you luck. And I really hope you have a wonderful holiday.

Andy

 

[yo-ho-yo-ho]

US Immigration has no way of knowing this if that helps in your deliberations.

I'm afraid your wrong, most info is now shared. Four weeks isn't enough time to get a Visa, my advice is unless your crimes "involved moral turpitude" i'd use the VWP this time and apply for a visa on your return.

 

[foxylady]

What Gilld says is quite true.

DH called the Embassy, at the cost of £15 to be told that, if he'd already travelled on the Visa Waiver form (when we had no idea of the visa issues), but now applied for a visa the Embassy would probably consider that he'd been previously lying and may well refuse him one!

This information, alone, wasn't what made us decide to 'chance' our trip but that's a whole other story

I know of someone who had previously entered USA on the visa waiver programme (as he didn't know as per above). This year he applied for a visa, went down to London, was interviewed etc, and obtained a visa that has a 10 year life. He was never questioned about going into the USA before, even though the stamps were on his passport.

Bear in mind you could get turned away at immigration and put on the next flight home. Not worth the risk IMHO.

 

[alisonbestford]

I know of someone who had previously entered USA on the visa waiver programme (as he didn't know as per above). This year he applied for a visa, went down to London, was interviewed etc, and obtained a visa that has a 10 year life. He was never questioned about going into the USA before, even though the stamps were on his passport.

That's good to hear

Seemed such a daft thing for the person at the Embassy to say
As I said in my post though that wasn't really why we, personally, didn't go down the visa route.
Had DH's health been anywhere near reasonable we would have been in that visa queue regardless

 

[UKDEB]

I'm afraid your wrong

Really; I'm not. Yes, they could find out, if they had a need to, but they won't just 'know'.

 

[yo-ho-yo-ho]

Once they enter your passport details into their little spy thing it does provide them with a lot of info and of course you run the risk of being locked in a cell till they can deport you back to the UK with little or no chance of returning to the US.

 

[Lobey]

Once they enter your passport details into their little spy thing it does provide them with a lot of info

They don't even have to do that, I'm afraid. Since 2004 all EU airlines have had to forward PNR (Passenger Name Records) within one hour after take off. The PNR contains detailed information on each passenger - name, address, credit card information, frequent flyer information etc. - 34 pieces of personal information in total. The PNR information is then run through their systems while you are still in the air...

Of course, this system is intended to catch "big fish" - terrorists, serious criminals etc. Would they use it to turn back a couple of tourists who had some minor convictions in their past? I'd like to think not, but there are no guarantees...

 

[yo-ho-yo-ho]

Would they use it to turn back a couple of tourists who had some minor convictions in their past? I'd like to think not, but there are no guarantees...

They've no need to, they'll just let you get there and lock you up for a day or so then ship you back.

Since 2004 all EU airlines have had to forward PNR

30 May 2006
The European Court of Justice has annulled an EU-US agreement requiring airlines to transfer passenger data to the US authorities.
The court said the decision to hand over the data, including addresses and credit card details, lacked an "appropriate legal basis".

 

[UKDEB]

Once they enter your passport details into their little spy thing it does provide them with a lot of info and of course you run the risk of being locked in a cell till they can deport you back to the UK with little or no chance of returning to the US.

You really need to stop scare-mongering.

 

[UKDEB]

Would they use it to turn back a couple of tourists who had some minor convictions in their past? I'd like to think not, but there are no guarantees...

THEY REALLY DON'T HAVE THIS INFORMATION!

 

[UKDEB]

They've no need to, they'll just let you get there and lock you up for a day or so then ship you back

I don't know whether to laugh or cry. This is such rubbish! To the OP - please don't be intimidated by this nonsense.

 

[Lobey]

THEY REALLY DON'T HAVE THIS INFORMATION!

What information do they really not have?

 

[UKDEB]

Minor convictions in a couple of tourists' pasts.

And, btw, I've never shouted on a forum before now.