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Entering the USA with convictions

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Green Howard | 19:31 Sun 10th Sep 2006 | Law
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To Dom Tuk or any person who has entered the USA with convictions. I am travelling in April 2007 with friends, one has been convicted for withdrawing money on someone elses credit card, and the other for shoplifting, both first and only offence and was commited 25/28yrs ago. Non commital fines only. Will they be allowed entry, if not what will we need to do?
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The US Consulate says...

Currently, many British citizens traveling on a valid, individual machine readable passport, with a return or onward ticket, and who are staying for less than 90 days, qualify for the Visa Waiver Program. There are conditions, so please review the information concering visa free travel on the American Embassy London Nonimmigrant Visas Services Home Page.


Travelers with a Criminal conviction(s)

Under United States visa law people who have been arrested are not eligible to travel visa free under the Visa Waiver Program(VWP); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for visas.

http://www.usembassy.org.uk/rctour.html

Hope this helps :)
The US authorities don't have direct access to UK criminal records, so it's likely that your friends could lie on the Visa Waiver forms and get away with it. All the same, I recommend a 'better safe than sorry' approach. Your friends should apply for visas.

Jenna1978 has provided the correct link but the US embassy site isn't particularly well-designed and it can be hard to find exactly what you want. My posts here might help:
http://www.theanswerbank.co.uk/Travel/Question 289769.html

Chris

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Entering the USA with convictions

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