US visa app + criminal record ?

Caporegime
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22 Nov 2005
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anyone with a criminal record ever applied for a US visa? my wife is on about a 2week holiday to disneyworld but says i might not be able to go because i was arrested a few times when i was around 15 which was over 13 years ago and ive not been in trouble since.

surely there shouldnt be a problem?

i dont even know if i actually have a criminal record, anything from that long ago from before i was considered an adult probably isnt on record anyway?:confused:
 
They can't check if you have a criminal record anyway so unless you decide to let them know or you're on some kind of blacklist you won't be treated any differently to anyone else. The US system is largely a deterrent rather than anything else. Nobody with a serious record is likely to want to waste the cash on flights/hotels etc booking it all when they know there's a possibility of not being let in the country.
 
I don't believe you can apply for the visa waiver program if you have a criminal record, you'd have to apply for a proper visa before you travel.

Saying that if it was that long ago and was for relatively minor offences i very much doubt they'll turn you down. I've found they value honesty, if you turn up and get caught out then you'll likely spend a fair few hours in the interview rooms, whilst if you tell them in advance how it was youthful exuberance and you're now a dedicated family man i think they'll show you more respect.

Might be best to actually check to see if you really do have a criminal record before you make any decisions though.
 
They can't check if you have a criminal record anyway.


I've read this on a few forums, but no one seems to be able to point me to where it's actually stated. as of next year you have to fill in an online form 72 hours before you travel, obviously so they can check on you.

I'm also considring the Visa/VWP routes. But when spending nearly £4000 on a holiday, i dont think it's worth the risk for me, when a visa, plus all the criminal record stuff i need to apply for will set me back somewhere betwen £100 and £200.

If i knew for a fact that the US couldn't find out about my conviction, then i may look at it differently.

J.B said:
The easiest thing to do would be to ring or email the embassy and find out!
Unfortunately the US Embassy won't accept E-mails regarding Visa and the phone line is charged at £1.20 per min.
 
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I've done some research into all this.
A thread that might be worth reading is:

http://forums.overclockers.co.uk/showthread.php?t=17910453

After doing some further research I found the following clauses that maybe of interest to you.

(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 2/ were 5 years or more is inadmissible.

As already said, the US have no access to UK criminal records.
Unless they have intelligence on you (usually terrorism or drugs) then you should just sail through without a single hitch.
 
Basically it's correct to say it's very unlikely they'll know if you have a criminal record, but if you get caught lying then your stuffed, not only will you not get in, you'll never get in the US in future.

As someone said, if it was one crime only under the age of 18 you should be alright.

Only other concern is if it was drug related, in which case you'll have a harder time convincing them.
 
Due to it being so long ago, and because you were under 18 at the time the record might have being deleted - you might be able to check with the police if you still have a criminal record or not?
 
a friend of mine who took part in a anti-vietnam war rally back in the 70s cannot apply since for a visa to visit the US. I doubt they will grant you a visa mate
 
Due to it being so long ago, and because you were under 18 at the time the record might have being deleted - you might be able to check with the police if you still have a criminal record or not?

Thats what they want you to believe, they don't delete records.
 
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I've read this on a few forums, but no one seems to be able to point me to where it's actually stated. as of next year you have to fill in an online form 72 hours before you travel, obviously so they can check on you.

They'll only be able to check their records or certain information shared for counter terrorist purposes. The US can't check our normal criminal records because of Data Protection Act restrictions.

Burnsy
 
IIRC you are ineligible if you have ever been ARRESTED for a crime of 'moral turpitude' (basically any crime against person or property) regardless of whether you were ever convicted.
Having said that in your circumstances I think the risk to your holiday is so small I'd just fill in the waiver anyway and deny everything.
 
They'll only be able to check their records or certain information shared for counter terrorist purposes. The US can't check our normal criminal records because of Data Protection Act restrictions.

Burnsy
Hi Burnsy, is there a sauce for this info, I have read it elswhere but cant find anything official on it. Cheers :)
 
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