usa immagartion and visa's

[welshlamb]

Have'nt been to the states since they started this finger print I.D. Can anyone fill me in on the details. Do you need to apply for a visa if you've only had a spent conviction and not for minior incidents. My friends son (who we are going with) has had a small brush with the local police a very long time ago. Do you think she should get some advice on a visa. Has anyone ever applied for one? Can they tell me the procedure? I'm quite worried about this as they are travelling with us and i would be mortified if we all got put back on the plane more to the point i would proably go completly mental. Can't say to much to my friend as i don't want her to think i'm prying into something that happend a long time ago. Any advice would be appreciated...

 

[Oddjob]

If he was arested or convicted/fined
He will need a visa
You have to book with the USA embassey and attend in person in London..
The wait time I think is around 6 weeks..

I had to do it for a small offence 25 years ago now..

When do you fly?

I know some people have done it without telling but I wanted to do it properly to save refusal..

 

[rpbert1]

you will have to get a form from your local police station and send it away prior to making any appointment so you have details of whats on their records cost £10.
i was asked to come to the local station about 10 years ago, not arrested but to make a statement as someone had accused me of something, last year i had to fill a form in for work i do so a police check could be done , irecieved a letter saying i was on the polices data base and they wanted to know why, i told them, so with going to Florida this year decided to send the police form of before i made appointment with American Embassy for a Visa to see what it said about the incident.
when i recieved the letter back from the local authority they did not have any records on their data base about me, so wonder why they said they had when i filled in the form for work. Not much point making an appointment for a Visa, because if i showed them the form from the Police it says, no records on Data Base.
Get the form from your Local station and get the friend to fill it in as you will need it with you when applying for Visa

 

[alisonbestford]

Always varied replies to posts on this one

Our experience is that DH was charged with ABH, around 18 years ago, due to a fall out with his mate after his (then) girlfriend 'defected'...................

Long story short, we travelled to the US 3 times, on the visa form, before everyone became more aware of who should apply for what.

When we realised that DH should probably have a visa we contacted the courts and the American Embassy.
The courts said 'no record', the American Embassy said...............'Ooooh! If you've travelled on the visa form before, and now get a visa, the customs will think you've been lying and may refuse entry...................'

We, once again travelled to Florida on the visa form - no problem
The following year DH had a 'police check' as he, occasionally, works in schools.
The report came back with the ABH charge.......................
We already had a trip to Florida booked so, given what the Embassy guy had said, we once again flew on the green visa form.....................no problems

I've no idea what records the US have on us all
If you call the Embassy you will be told to apply for a visa.
Whether you actually need one is a different matter.

DH is disabled and would be unable to go through the arduous process of travelling for the visa - a very, very long day, so people have said
Had he been well we may well have applied, as it was we didn't and everything was fine
Have to admit that absolutely everything was crossed on the flight over - DH, on the other hand, due to his brain tumour, couldn't even remember that he might have a problem..........

 

[Shooby doo]

Although this may not help,by general consensus on other posts ,as yet the US has no details of our conviction system in the UK,so unless it was something that would end up in the person having arrows pointing at them ,flashing lights & klaxons I wouldn't worry. Unfortunately the way the Visa system works at the moment,it is such a pain that most people will risk it! If it makes you any happier,my Uncle & his girlfriend were deported ,after out staying their work permit, years ago & have travelled all over the US since,so unless it was something fairly serious I wouldn't worry too much.
SD

 

[catherine]

If you and your friend decide that her son needs a visa make sure that they get to the American Embassy pretty early in the day. We went early in the morning a couple of years ago to pick up my DD's passport and there was a very long line already. Luckily because we were going to pick up a US passport we were able to just go straight through the security checks. I spoke with one of the security guards and he said that some people queue up for hours and the office closes before they are able to get in!

 

[jen_uk]

I heard that there were huge lines as well but when I went with dh last year we ended up getting there only an hour before his appointment (train was late) and there was only a small queue and he pretty much walked straight in!

 

[Oddjob]

For a Visa you HAVE to have an appointment,As long as you are not late you will be seen...

 

[rpbert1]

Ring belfast Embassy for an appointment , should be quicker

 

[welshlamb]

In my position what woyld you all do? On one hand i'm saying don't bother and on the other i'm thinking we should. But if the U.S have no records of any U.K convictions then maybe we should just give it a chance. My freinds son was involved in some sort of fight- no one got hurt or injured but i know the police were involved and he spent one month in a young offendres insitute (to be taught a lesson if nothing else). But will the U.S update their systems be the time we go (15th Dec 06) Does any one know when they are due to do this?and when they scan his finger prints (or whatever they do) will his details automatically come up on the screen?

 

[Oddjob]

The problem with a lot of this is Nobody knows what the Americans know
A lot of offences are lapsed after 10 years however,Drug offences and Fighting/Violence are never lapsed hell have the record forever...
If your not going until December I would get the visa for peace of mind,I doubt hell be turned down,There was a chap here who had a bad past and he got his his...
I also cant see the whole party being turned away, But to the question of will it be on their system,Is something no one knows a s I said.
Not that id do it but I know a lot of people keep quiet and they all got through fine,
I know its hassle and expensive to get it..but you have 6 months..

Good Luck what you decide..

 

[alisonbestford]

In my position what woyld you all do? On one hand i'm saying don't bother and on the other i'm thinking we should. But if the U.S have no records of any U.K convictions then maybe we should just give it a chance. My freinds son was involved in some sort of fight- no one got hurt or injured but i know the police were involved and he spent one month in a young offendres insitute (to be taught a lesson if nothing else). But will the U.S update their systems be the time we go (15th Dec 06) Does any one know when they are due to do this?and when they scan his finger prints (or whatever they do) will his details automatically come up on the screen?

I believe that, if an incident occured before the age of 17 or 18 (not certain which) it isn't seen as an issue

Please, someone, correct me if I'm wrong on this one.
Thought I'd read it on the Embassy site

 

[Oddjob]

I was 17 when I was fined and i need a visa

 

[musketeer]

My son was arrested last year and there was no further action taken but he needed a visa, now i was told that as this had happened it didn't go on the Police National Computer but when his police check came through it was on there so we went to Belfast, the appointment was about 3 wks from when i phoned, he was also told there if he had got the visa(which of course he did).

 

[margaret2]

are we not protected by the data protection act her in england. i have the same worry as we are going in August this year and my son has a police record to for getting involved in a fight. but as alisonbestford said in her thread lots of folk have a criminal record and get through ok with out a visa but its a chance you have to take

 

[alisonbestford]

I don't think the Data Protection Act is recognised in the US with regard to Visas

 

[patdavies]

I don't think the Data Protection Act is recognised in the US with regard to Visas

The DPA is irrelevant anyway in this case - Section 35 gives a specific exemption.

However, one of the reasons that the US does not have access to UK criminal records is that the DPA specifically forbids the passing of personal data to another country that does not have an equivalent or better degree of data protection. The US does not have an equivalent to the DPA.