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Visa
6 Answers
My family and myself are looking to travel to the USA for a holiday next February, however, one of the party has a previous conviction (UK).
What must that person declare prior/during travelling to the USA?
Clive
What must that person declare prior/during travelling to the USA?
Clive
Answers
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US immigration requires a Visa for anyone who has even been arrested, let alone convicted! See their website for further details.
14:20 Tue 27th Apr 2010
US immigration requires a Visa for anyone who has even been arrested, let alone convicted! See their website for further details.
However, be fully prepared for the Visa application to be refused if the conviction is for anything even remotely resembling with the Americans term "moral turpitude" (Google it...)
However, be fully prepared for the Visa application to be refused if the conviction is for anything even remotely resembling with the Americans term "moral turpitude" (Google it...)
-- answer removed --
(2-part post):
See here for the official answer to your question, from the US embassy website:
http://london.usembas...sa/niv/add_crime.html
As others have indicated, it's crimes involving 'moral turpitude' which cause the most problems. The US immigration and Nationality Act states:
"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 802 of title 21), is inadmissible".
The only exceptions are where the offence was committed by someone under 18 years old at the time of the offence, at least 5 years prior to the visa application; or where the maximum possible penalty for the offence does not exceed one year. (If the actual sentence passed exceeded 6 months that exception does not apply anyway).
'Moral turpitude' covers a wide range of offences. All offences of theft or fraud count as moral turpitude but minor offences of violence don't. (So, for example, nicking a Mars bar or using a child ticket for adult travel both constitute moral turpitude. Punching someone in the face doesn't). For a detailed list, see here:
http://www.state.gov/...rganization/86942.pdf
See here for the official answer to your question, from the US embassy website:
http://london.usembas...sa/niv/add_crime.html
As others have indicated, it's crimes involving 'moral turpitude' which cause the most problems. The US immigration and Nationality Act states:
"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 802 of title 21), is inadmissible".
The only exceptions are where the offence was committed by someone under 18 years old at the time of the offence, at least 5 years prior to the visa application; or where the maximum possible penalty for the offence does not exceed one year. (If the actual sentence passed exceeded 6 months that exception does not apply anyway).
'Moral turpitude' covers a wide range of offences. All offences of theft or fraud count as moral turpitude but minor offences of violence don't. (So, for example, nicking a Mars bar or using a child ticket for adult travel both constitute moral turpitude. Punching someone in the face doesn't). For a detailed list, see here:
http://www.state.gov/...rganization/86942.pdf
As stated above, anyone who has ever committed an offence of moral turpitude (or involving drugs) is automatically barred from obtaining a US visa, by law. The US embassy have no discretion in the matter; they must refuse the application. However the application can then be referred to Washington as an application for a 'waiver of ineligibility'. If that's granted, the visa application can then be reconsidered by the embassy.
If the offence committed by a member of your family was minor, and did not involve moral turpitude or drugs a visa application might be relatively straightforward, if somewhat tedious. The process is described in my first link above. (Allow several weeks to get hold of the document from the Association of Police Officers, plus a few weeks to get an interview at the embasy. The result of the application will probably be heard within one week after that).
However if moral turpitude or drugs were involved the process can take much longer. The initial procedures are as above but there's then a minimum 13 week wait to hear the result of the appeal to Washington plus a further 4 weeks processing time at the embassy. The longest wait I've seen reported, here on AB, was from someone whose partner had two convictions for driving without insurance. He waited 15 months before being refused a visa. Your family member should commence his visa application NOW and you should definitely not book any travel arrangements until you've heard the outcome of that application.
Chris
If the offence committed by a member of your family was minor, and did not involve moral turpitude or drugs a visa application might be relatively straightforward, if somewhat tedious. The process is described in my first link above. (Allow several weeks to get hold of the document from the Association of Police Officers, plus a few weeks to get an interview at the embasy. The result of the application will probably be heard within one week after that).
However if moral turpitude or drugs were involved the process can take much longer. The initial procedures are as above but there's then a minimum 13 week wait to hear the result of the appeal to Washington plus a further 4 weeks processing time at the embassy. The longest wait I've seen reported, here on AB, was from someone whose partner had two convictions for driving without insurance. He waited 15 months before being refused a visa. Your family member should commence his visa application NOW and you should definitely not book any travel arrangements until you've heard the outcome of that application.
Chris
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