Visa waiver question

[major]

Hi
We are going to Orlando next year and am a bit concerned with the current thread on the Visa waiver scheme. We are travelling with my sis and her husband - my sis had been charged with an offence many years ago but was only admonished . She has phoned the police and they have said that she has no record. She also phoned the embassy but they were no help at all .She spoke to someone who's first language wasn't english and as she is from Scotland , she wasn't even sure he understood what she was saying (this isn't a xenophobic comment just the combination of a scottish acent and english as your 2nd language may be difficult to understand) Do you think she will need to apply for a visa???

Also both her and her husband both have penalty points for speeding...do these come into it at all...starting to panic a bit incase they don't apply for a visa and end up getting refused entry.
Any help/advice would be greatly appreciated.

 

[jen_uk]

Driving offences dont count i.e speeding etc.
I would tell your sister to travel on the visa waiver, the USA have no access to the UK criminal records bureau, the only people that get flagged up are people who have drug, terrorist convictions etc. Plus if the poilce say they have no record then there is absolutley no way the USA are going to know about your sisters spot of trouble! If the police say there is no record the warning was probably never recorded. There is no point having the hassle of applying for a visa for something the USA wont care about.
Travel on the visa waiver, relax and have a great time!

 

[carolfoy]

Driving offences dont count i.e speeding etc.
I would tell your sister to travel on the visa waiver, the USA have no access to the UK criminal records bureau, the only people that get flagged up are people who have drug, terrorist convictions etc. Plus if the poilce say they have no record then there is absolutley no way the USA are going to know about your sisters spot of trouble! If the police say there is no record the warning was probably never recorded. There is no point having the hassle of applying for a visa for something the USA wont care about.
Travel on the visa waiver, relax and have a great time!

ITA

 

[gismo1554]

OK I thought you had to declare your driving points but that this doesn't affect the visa waiver but I might be wrong (haven't got any so don't know). As said before on the other matter if the police have no record there is no record of it so no need to declare.

 

[carolfoy]

Not even all hire car companies need to know about points on your licence. US immigration wouldn't be interested in that type of offence

 

[Shooby doo]

I've points on my license on 4 of our last trips & never had any problems,I would imagine you would only have problems if they were for D&D or drugs. Likewise the US doesn't have access to our criminal records so unless it was something that had been flagged up then I don't see a problem
HTH SD

 

[yo-ho-yo-ho]

Please Read the Following !!

From the U.S Embassy London

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), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

 

[major]

Please Read the Following !!

From the U.S Embassy London

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), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

So according to this post my sis needs to apply for visa even although the police have no record of the incident (it was a very minor incident) . Don't know what she should do

 

[jen_uk]

The embassy tells you that because they want to scare everyone who has had a brush with the law into applying for a visa! The USA do NOT have access to our criminal records bureau and even if they did as the police have no record of a crime nothing would come up for your sister. It really isnt worth going to the trouble of applying for a visa. Loads of people on here have posted before that they have various criminal convictions from a long time ago and they have all travelled problem free on the visa waiver.

 

[yo-ho-yo-ho]

I don't think anyone should advise someone to break a Law in another Country Jen, with extra security checks advance passenger info i wouldn't be risking my hoilday or further hoildays to the U.S for the inconvenience of a few hours at the U.S Embassy !!!

 

[florida sun]

I don't think anyone should advise someone to break a Law in another Country Jen, with extra security checks advance passenger info i wouldn't be risking my hoilday or further hoildays to the U.S for the inconvenience of a few hours at the U.S Embassy !!!

But if the police say they have no record, im presuming that she has no record, so why would she need to apply for a visa, how are they in the US going to find something that our own police have no record of??

 

[Groovee]

I would rather apply for the visa than have the shock of not being allowed in and being sent home while the rest of the family are on holiday. Think of how it may put a right dampner on things.

 

[UKDEB]

bah-hum-bah-hum seems to delight in trying to scare people on this issue. You really have no reason to be concerned. Take a look at this previous thread on the topic:

http://disboards.com/showthread.php?t=1157282

 

[yo-ho-yo-ho]

Its not about scaring members Deb, its about following the rules. No one for sure knows what the U.S can or can't access. So why chance ruining your hoilday for the sake of a few hours work.

 

[carolfoy]

I would say travel - they really don't have access to that sort of info and as Sue says, how could they if the police here don't even have any info?

 

[Boss Hogg]

No one for sure knows what the U.S can or can't access.

Whilst this may be true, there is nothing to access if the OP's relative has no record.

Major, definitely don't worry about it in any way. Unless yo-ho's on your flight and puts his/her oar in

 

[jen_uk]

If you did decide to apply for a record you would usually have to take along police confirmation of your sisters criminal record and in this case there isnt one so its all a bit pointless!

 

[jen_uk]

Also, I would just like to add that the USA really dont have access to our records. If its that simple that they can scan our passports and bingo there is all of our info including our criminal records ( as it was suggested by someone in another thread) how come when I have to apply for enhanced disclosure for my job I have to fill out a form with all of my previous addresses etc and it takes 6 weeks to get back? The disclosure form has to be sent to various police stations to be checked, if the USA can simply tap a few keys and bam there are our records why dont we have this in the UK???

 

[yo-ho-yo-ho]

You might want to look at this !!

Applicants applying for a visa at the Embassy in London or the Consulate General in Belfast are required to furnish a recent Subject Access statement from the National Identification Service (NIS). The NIS is operated by the Metropolitan Police Service on behalf of all UK forces. The application form and further information is available from their website at www.met.police.uk/so/nis.htm, or by writing to the following address:

National Identification Service
Subject Access Office
Room 331, New Scotland Yard
Broadway, London SW1 0BG
Tel: 020-7230-2958

Residents of the Metropolitan area (most of London) should submit their request to Metropolitan Police. Residents outside this area, should subject their request to their local police service. The Metropolitan Police Service website can assist you in locating the individual police services throughout the United Kingdom. Residents of Northern Ireland should subject their request to the Police Service of Northern Ireland. Further information is available from www.met.police.uk/so/nis.htm.

The Embassy and Consulate will also accept a recent Enhanced Disclosure statement made through the Criminal Records Bureau (CRB) if you are already in possession of one.


The National Identification Service (NIS) is operated by the Metropolitan Police Service on behalf of all UK forces. Its activities are co-ordinated by the Home Office and include responsibility for the national collection of fingerprints and criminal records and a number of associated "search and disclosure services".

The NFO also maintains the national fingerprint hardcopy collection, which consists of all fingerprint forms processed before devolution of responsibility to local forces, together with those of the Metropolitan Police and the current NFO customers.


Hope this helps - applying and getting a Visa isn't that hard and you usually get a 10yr Visa, which also allows you to stay longer than the VWP.

 

[jen_uk]

So what happens when she goes along with her disclosure which says she doesnt actually have a record?? Its a waste of hers and the Embassy's time!