visa and criminal record

bex7583

DIS Veteran
Joined
Feb 29, 2012
Messages
1,381
hi im a bit confused i asked at the travel agent and they said to go to the esta website ,

i applied and got an approved esta for my partner but have since read that the esta if for peope who fit in the criteria of the wvp

anyway my boyfriend has a criminal record so does he need to apply for a visa seperatley , if the esta was approved does that mean he will get the visa ??

has anybody had any experience of traveling with a criminal record , just hoping things he did years ago dont cost us our holiday :confused3
 
Sister is a travel agent and gets a lot of people coming in with criminal records, none have had trouble getting into US, just answer no to all the questions pay the $14 and don't worry about it.

:thumbsup2
 
all the questions on the esta page were answered no to and he was approved for that , im just a bit worried that i have since read you had to qualify for the visa waiver to use the esta only


dont want to do something wrong and get there after spending so much and something be incorrect an dhim not be allowed it
 
This is from the site which explains who cannot apply


(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(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

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.

(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--

(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or

(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.

(D) Prostitution and commercialized vice.-Any alien who-

(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,

(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10- year period) received, in whole or in part, the proceeds of prostitution, or

(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution, is inadmissible.



hope it helps
 

these are the questions on the esta website ?? his answers were no to all these

im just confused as since read that if you have a record you need a valid visa and the esta ?? the travel agent wasnt very much help
 
Not exactly right -ESTA is for those who can travel under the Visa Waiver Scheme and therefore do not need a visa.You do not need both it's either or .The problem may be that if he goes for a visa having done ESTA questions may be asked as on one of them incorrect information may have been entered .
 
I'll tell you a little story...

In 2008 I completed one of those visa 'wizards' because I was unsure if I needed a visa as I had a criminal record. The wizard said I do so I booked an appointment with the US Embassy in London and had to wait three months to go there and apply for one. Three months later I turn up at the embassy and paid them about £100, had a 5 minute appointment and they granted me my visa and posted it out to me.

At the end of my most recent trip (October last year) I was asked for the first time by Border Control why I had a visa, to which I answered why. He looked up at me, shock his head, smirked and said...

"You really didn't need to get a visa for that!"

Go figure! :surfweb:
 
ok argh this is such a minefield of info !! how long does a visa last ?? im guessing its best to go for the visa apt before we commit to booking anything but i dont want to get it too early and it expire or something

he has a very colourful record unfortunatley :( but it was all before the age of 18 and he has only ever had fines and community sentences so hopefully it will be approved
 
Not exactly right -ESTA is for those who can travel under the Visa Waiver Scheme and therefore do not need a visa.You do not need both it's either or .The problem may be that if he goes for a visa having done ESTA questions may be asked as on one of them incorrect information may have been entered .

ye sthis is the info i since read , i told travel agent about his record and it was them who said i had to see if he was approved an esta ?? they never mentioned the visa waiver programme?/

thanks u have all been helpful x
 
If you are in any doubt at all & I mean any doubt, make the appointment with the embassy.
The days of cursory checks being made on Visa Waiver forms & a couple of quick questions & through you go are over.
Airlines provide information about their passengers before they fly so that US Border Control can check if anyone is on their “No Fly” list, who knows what other checks random or otherwise are carried out using that list?
All it's going to take is one overzealous immigration officer when you get there & your boyfriend could find himself in a holding cell waiting to go back on the same plane that you've just flown in on.
If this happens you will not be allowed to see him & the airline is under no obligation to fly you back with him on the same flight.
If he has answered "no" to a question on the Esta form when the answer should have been "yes" he has lied & if he is found out the US border control guys will come down on him like a ton of bricks.
I am not trying to freak you out but if he ends up getting a denied entry to the States record on his passport & that’s what happens if they don't let you in, he will have to jump through hoops anytime he wants to go back in the future.
I used to work with a girl who flew to New York with her boyfriend & he was passed for Esta, when they landed at New York, she got through without any problems but the immigration officer decided to run a secondary check on her boyfriend & guess what, it turned up exactly the same sort of things you have said your man has.
The end result was that he was put in a cell with 10 other people & kept there until BA had a spare seat on a plane going back to London, unfortunately for him that was 2 days later.
His girlfriend was not allowed to see him & was told to leave the airport once she had collected their bags.
 
If you are in any doubt at all & I mean any doubt, make the appointment with the embassy.
The days of cursory checks being made on Visa Waiver forms & a couple of quick questions & through you go are over.
Airlines provide information about their passengers before they fly so that US Border Control can check if anyone is on their “No Fly” list, who knows what other checks random or otherwise are carried out using that list?
All it's going to take is one overzealous immigration officer when you get there & your boyfriend could find himself in a holding cell waiting to go back on the same plane that you've just flown in on.
If this happens you will not be allowed to see him & the airline is under no obligation to fly you back with him on the same flight.
If he has answered "no" to a question on the Esta form when the answer should have been "yes" he has lied & if he is found out the US border control guys will come down on him like a ton of bricks.
I am not trying to freak you out but if he ends up getting a denied entry to the States record on his passport & that’s what happens if they don't let you in, he will have to jump through hoops anytime he wants to go back in the future.
I used to work with a girl who flew to New York with her boyfriend & he was passed for Esta, when they landed at New York, she got through without any problems but the immigration officer decided to run a secondary check on her boyfriend & guess what, it turned up exactly the same sort of things you have said your man has.
The end result was that he was put in a cell with 10 other people & kept there until BA had a spare seat on a plane going back to London, unfortunately for him that was 2 days later.
His girlfriend was not allowed to see him & was told to leave the airport once she had collected their bags.

eek , definatley do not want that to happen , we will have saved 6 year for the trip so not worth taking any risks, i think i willget him to ring the embassay and find out what sort of timescale they suggest to apply fo rthe visa and how long it lasts
 
I think you are doing the right thing in checking with the embassy.
In my opinion it's just not worth the risk nowadays with how our American cousins treat security & getting into the States.
Good luck & I hope you get everything sorted out.
 


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