visa and convictions

[tony creech]

like a lot of people i had a misspent youth(i am 35). i have six convictions that do not make nice reading. these were not half as serious as they read but are on my record. none of them resulted in prison , just fines. they are
1 assault on police officer...£50.....17 years ago
2 criminal damage..............£50.....15 years ago
3 public order....................£75......14 years ago
4 burglary(theft of fire extinguishers)...£200 13 years ago
5 possession of amphetamines......£150.....11 years ago
6 affray............. £300.............7 years ago

i know it doesn't look nice but it was not as bad as they read. has anybody had a similar record and time frame and been given a visa. i have also heard people say take references from employers etc. i became a Christian 7 years ago and transformed my life, would letters from my pastor or church be any help?

 

[kristieuk]

I don't have any convictions (but as a criminal lawyer know plenty of people who have - most very very nice, as I'm sure you are!! - it's amazing how may people have.).

I think I'm right in saying that you can't travel under the Visa Waiver Programme as a UK citizen would normally be entitled to, and that the Rehabilitation of Offenders Act just doesn't apply in this situation.

I think you have to apply to the US Embassy for a full-on Visa before you travel. This link should help:-
http://www.usembassy.org.uk/cons_web/visa/niv/add_req.htm

I'm sure you'll be fine, but good luck anyway!

 

[mrshnn]

maybe you should take the risk and go with the visa waiver i know many people who have done this,because i dont think they have all your info to hand immediatley,i would say just go,because otherwise i dont think they will grant you a visa

good luck

 

[kristieuk]

Yes, but worst case scenario - they find out, or have your details on some database now? Who knows what information they hold? They certainly know from the fingerprinting thing when the last time you were in the States was etc. They could find out you have made a false declaration with one call - do they make these randomly, I don't know, but I'm sure the penalties for this are huge in the States.

If you have a family, what if they turn you back at immigration? Besides the wasted cost, the uncertainty and possible disappoinment hardly make for a great holiday do they?

The offences are a long time ago, and they are not of the most serious nature. These must be things they take into account when considering a Visa application - and I'm sure that letters from your church will help as well.

If it were me, I couldn't stand the fear or worry that I'd be found out, even if I did think lying were the right thing to do (which I don't).

 

[Tron[ADS]]

Im no expert, but your right, they do look bad on paper, and I would say you have no chance of getting a visa...I would have thought that the number of convictions along with their nature would have them ticking the decline box before any further investigations.

If I were you, I'd be taking a gamble and trying my luck with the visa waiver.....maybe you could look for a cheap cancelation on a weekend in New York or something first of all, just to give it a try, rather than risking spending thousands on a Florida holiday and getting knocked back, spoiling it for everyone else you were going with.

 

[IanBond]

Im sad to say but Im sure theyll never issue you with one,The 2 main things their looking for are crimes to the person and drugs and you have 2 instances on your record
Hard one? Its up to you but I would never travel on the waiver when Im illegible or would I advise anyone too but thats because Im a Christian like your self
Have you booked yet? Youve a bit of thinking to do.........
good Luck

 

[Tron[ADS]]

drugs

Yes.....doesnt that Johnny Vaughn presenter bloke have some drugs conviction in his past that has prevented him from working in the US ?

I would say the christian thing will have no relevance whatsoever, as lets face it, anyone could "say" that. Note I'm not implying that your just "saying" it, only that if it was of any use, everyone could use it.

 

[marv]

So sorry to hear of your troubles tony. Ime sure if you tell the truth at the Embassy and show the embassy that you have every reason to come home eg mortgage, job, own bussiness you will have no problem getting one. Ime sure there have been countless number of people in your position that have recieved a visa, as your last convition was 7 years ago and appears to me that you seem to have turned over a new leaf.
Go too the Embassy and get your Visa ime sure you will have no problems.

 

[kristieuk]

There must be a helpline you can call at the Embassy? If you could explain what you have said here, and ask whether there is any chance at all of you getting a Visa, that would at least give you an idea.

But I would agree that there must be so many people in this situation, and I can't believe they would all be denied entry, if they can show they are now reformed as you can.

Let us know how you get on.

 

[Tron[ADS]]

The trouble with "doing the right thing" here, is that if he does go the official route, and get a rejection, he really will be screwed, and wont ever be able to even take a chance on a waiver as they will from then on have a record of him in the US as a failed applicant.

On the other hand, if he were to give it a try on a waiver and get pulled up on it, he will then have no chance on applying for a visa due to an attempted fraudulant entry.

Its a really difficult choice to have to make. Your dammned if you do, dammned if you don't.

What he really needs to do is talk to others who have managed to get a visa and those who havent, and see if he can get an idea on what convictions / timescales really effect an application.

But, as I mentioned earlier, I do think that drug offences are really frowned upon (and rightly so), and if a well off TV presenter can't get a visa due to drug offences, what chance does the regular guy have.

I still say, if it were me, id be giving a waiver a try on the cheapest weekend flight I could find, so theres less to lose.

 

[floridalol]

I think the possibility of a visa is slim, however I would contact the embassy and enquire about whether any offences are wiped clean after a period of time. It may help to compile an in-depth dossier on your offences with all mitigating circumstances relating to each offence and also obtain letters of reference from your employer, church and any other reputable person or organisation who can vouch for your unblemished character over the past seven years.

IMHO falsifying a visa waiver form could land anyone in serious trouble if the authorities found out upon arrival in the US - I am not sure whether they would just refuse you entry and return you on the next flight - more likely you would be arrested and prosecuted.

Good luck

Florida Lol

 

[Daniel&family]

Like many have said before I think your chances of obtaining a Visa are slim, although it must be remembered that a tourist visa is probally easier to obtain than other types (which Johnny Vaughn probally needed).

However some things I can be quite definite about;
The Embassy 'Help' line is totally useless (a standard answer that you need a visa will be given - even for driving offences) and this is a premium rate call.
No offences are 'wiped clean', regardless of how long ago they were.
If caught you would be sent home on the next available flight after questioning (unless you were suspected of comitting a serious offence against the US - which doesn't include lying on the Visa Waiver).
And finally the US authorities do not have ready access to your UK criminal record.


Yours

Daniel

 

[mrshnn]

they dont have access to your records,i know of people who have been recently on visa waiver with previous convictions,they have no access to your records,and look at what has happened with lots of cases involving people working with children when they should not be allowed ,they havent been checked on,i think 100% you will be allowed access to the usa on visawaiver

 

[alisonbestford]

The call to the Embassy is one heck of a cost! It cost DH about £15 just to be put on hold for ages and then be told that he didn't need a visa!!
One question here, and I know it's one which shouldn't be asked but, have you travelled to the US on the VisaWaiver before?
If the answer is 'yes' I'd risk a short trip first, as Tron suggests.
DH was also told, by the Embassy, that, if he'd travelled on the visawaiver programme before, and then, subsequently found he should have had one, he'd probably be denied!
Also bear in mind something that was said on another visa thread. Just because you have a Visa doesn't automatically guarantee entry to the US when you get there!
Madness!
Alison

 

[bj-sailaway]

As a fellow Christian, good to see you had some fun in your youth!!! Anyway, we have been doing alot of work on the freedom of information act at work, also the Data protection act. Doesn't seem that the USA can actually access your details unless you are wanted by Interpol! I contacted the court where I was convicted once, and their computer records didn't go back further than 10 years. If they are all spent convictions go with the waiver, or, apply for the visa, get your references and use your most powerful tool, get everyone you know to pray whilst you're at the interview. I'll pray for you.

Other thing you could do is apply for your criminal records on the national computer and see what it says, many folk on here have done that and their history hasn't come up.

You must be really agonising over this, I am sorry for you.

 

[IanBond]

I think the possibility of a visa is slim, however I would contact the embassy and enquire about whether any offences are wiped clean after a period of time. It may help to compile an in-depth dossier on your offences with all mitigating circumstances relating to each offence and also obtain letters of reference from your employer, church and any other reputable person or organisation who can vouch for your unblemished character over the past seven years.

IMHO falsifying a visa waiver form could land anyone in serious trouble if the authorities found out upon arrival in the US - I am not sure whether they would just refuse you entry and return you on the next flight - more likely you would be arrested and prosecuted.

Good luck

Florida Lol

HI LOL GREAT TO SEE YOU POSTING!!!

GOOD LUCK OP

 

[UK Crowbirds]

Hi There,
Sorry to have to post this, but I work in the complaints department of a large travel agents and we do get letters from people who have been turned back from the USA due to previous convictions. As it is the passengers responsibility to check they have the correct visas for their destination, not only will you probably be turned back from the USA, but no airline, travel agent or tour operator will even consider making ANY REFUND at all in these circumstances. I would advise you to contact the US Embassy, making sure you get the name of the person you speak to, filling in and returning any forms they send you promptly, taking copies of any forms and returning them by recorded delivery. You must abide by their decision, and I cannot advise you strongly enough not to chance it on the visa waiver.
I'm so sorry that I cannot tell you what you want to hear, but this is based on experience.

 

[marv]

Totally agree with crow bird it's not worth the chance going on VW.

 

[virginflyer]

Tony,

I would just go for it. Lets look at few facts:

The US immigration officials do not have acces to UK records.
If people do get turned back at immigration it is usually because they have outstayed their welcome on a previous trip, are on the Interpol datasbase or have a Muslim sounding name.
Has anyone one these boards or the DIBB boards ever been turned back for previous convictions?
What this boils down to is the US Government increasing security and the clear tightening of everyones civil liberties in the US post 11/9. These so called lists and warning levels are just political stunts, designed to make the US citizens constantly afraid of terrorists parachuting on to their back lawns.

 

[bj-sailaway]

So, Virginflyer, are you saying you have only ever travelled on the waiver form? I was working on them not having access to old/spent convictions, but from what I hear at work, they only have access to info submitted by our government detailing "risky" criminals. Anyway, why would the UK want to keep dodgy folk here anyway?!!!