Going to Las Vegas with a criminal record?
Going to Las Vegas with a criminal record?
Hi all!
As some of you know, I'm going to Las Vegas to get married.
A load of our friends are coming with us but two of them have criminal records from more than 5 years ago. One for posession of weed and one for drink driving :rolleyes:
Apparently, when going to the US you need to declare this and go to the US Embassy to ask for permission and get a visa.
Does anyone have any experience with this? Is it a really difficult process and what are the chances of them being told they cant go?
DT x
Answers:
US Visa Waiver Program
US Visa Waiver Program
Visa waiver immigration arrangements are subject to change as the US move towards a system designed so that advanced and thorough checks are in place thus ensuring maximum traveller safety. The USA operates a VWP which British Citizens are eligible for, provided certain conditions are met.
VWP conditions include:
From 26th October 2004 adults and children must be in possession of individual machine-readable passports. Your stay must be no more than 90 days. You must hold a signed Visa Waiver arrival/departure form issued by the carrier. You must carry onward/return tickets to a final destination beyond Canada, Mexico, countries/islands situated in the Caribbean Sea and Bermuda, unless resident in that country.
VWP Exclusions
· Passengers travelling on NON machine readable passports are ineligible to travel on the VWS (typically these passports will have been issued outside of the UK).
· Your trip is not for a holiday or business.
· You have previously overstayed on a visa or been deported.
· You have a criminal record.
· You suffer from a mental disorder, HIV or have a dangerous communicable disease.
If any of these apply you will need a visa. Any passenger whose nationality is not part of the VWP whether stopping in or transiting the USA is advised to obtain a visa. If you are in any doubt about your eligibility to travel on the VWP, please contact the Visa Department.
APPLYING FOR A US VISA
Please note that there is no longer a "Transit Without Visa" facility. All passengers clear immigration at the point of first entry to the USA on all international flights. If a client would need a visa to "stop" in the USA they would still need a visa to "transit". The US embassy has announced that as of 31 December 2002 anybody needing a visa to travel to or via the USA will no longer be able to apply through a visa agency like ourselves or directly by post to the embassy. Trailfinders visa service is no longer accepting applications. They will instead have to make an appointment for a personal interview at the Embassy. Please call the Embassy information and appointment number 09055 444546 (premium rate £1.30 per minute). In Ireland call 1580 456111 (€1.90 per minute). This will inevitably lead to severe delays, and applicants may have to wait a number of weeks before securing an appointment. You must consider this when making any booking involving the USA if you require a visa to travel or transit there.
I've never been, but I hope that helps a little. :)
Answers:
Hi most of the British friends I have, have been to visit the US at some point and the few that do have a criminal record (minor offences) haven't bothered to get the visa. None of them have ever been stopped getting into or out of the country. This is both pre and post 9/11. The US government doesn' t have access to your criminal records, so I wouldn't worry to much about applying for the visa, as it can take ages and then puts a mark next to their names for life in the Immigration database, so they'll always have to apply for a visa to go. If they did happen to somehow get caught the only thing that would realistically happen to them is that they would be deported.
Your friends will need machine readable passports (they've got loads of >>>>>>>>> at the bottom) or they'll need to get a visa at the Embassy. If they haven't got them and there's enough time to get new ones issued, it's probably worth the hassle and cost to get the new passports as opposed to the visa.
One word of warning though, the friend with the drink driving offence may not be able to drive a rental/hire car. He will need to declare that to the hire car folks, as if he doesn't it can invalidate his insurance and if something does happen he'll be liable for the entire bill.
Hope that helps.
Answers:
I know someone who was worried about going to the USA with a criminal record from 9 years previous so he applied for a VISA.
He got turned down.
He then applied 5 years later as he wanted to go to Miami
and got turned down again.
I personally wouldn't apply for the VISA, i would just go and if you do get caught say the conviction is expired in the UK so they didn't think they would have to declare it.
As Dolphins said, the worst they can do is send them back home.
Answers:
I would agree. As much as I dont condone lying, the US authorities have no idea if you have convictions, and never will as it would break all kinds of data protection regulations for the Home Office to share that sort of information.
If they are minor offences, then tell them to declare "no" on the Visa waiver cards you fill out on your way over, and run the gauntlet. As Gizmo says, the chances are they'd get turned down and it's a lengthy process which involves a trip to the Embassy to plead your case.
As for the thing about passports, everyone's got those >>>>>> unless their passport was issued by a British Embassy abroad. All the new maroon ones have them and are therefore machine readable so it's unlikely to be a problem.
kateab
Hi all!
As some of you know, I'm going to Las Vegas to get married.
A load of our friends are coming with us but two of them have criminal records from more than 5 years ago. One for posession of weed and one for drink driving :rolleyes:
Apparently, when going to the US you need to declare this and go to the US Embassy to ask for permission and get a visa.
Does anyone have any experience with this? Is it a really difficult process and what are the chances of them being told they cant go?
DT x
Answers:
US Visa Waiver Program
US Visa Waiver Program
Visa waiver immigration arrangements are subject to change as the US move towards a system designed so that advanced and thorough checks are in place thus ensuring maximum traveller safety. The USA operates a VWP which British Citizens are eligible for, provided certain conditions are met.
VWP conditions include:
From 26th October 2004 adults and children must be in possession of individual machine-readable passports. Your stay must be no more than 90 days. You must hold a signed Visa Waiver arrival/departure form issued by the carrier. You must carry onward/return tickets to a final destination beyond Canada, Mexico, countries/islands situated in the Caribbean Sea and Bermuda, unless resident in that country.
VWP Exclusions
· Passengers travelling on NON machine readable passports are ineligible to travel on the VWS (typically these passports will have been issued outside of the UK).
· Your trip is not for a holiday or business.
· You have previously overstayed on a visa or been deported.
· You have a criminal record.
· You suffer from a mental disorder, HIV or have a dangerous communicable disease.
If any of these apply you will need a visa. Any passenger whose nationality is not part of the VWP whether stopping in or transiting the USA is advised to obtain a visa. If you are in any doubt about your eligibility to travel on the VWP, please contact the Visa Department.
APPLYING FOR A US VISA
Please note that there is no longer a "Transit Without Visa" facility. All passengers clear immigration at the point of first entry to the USA on all international flights. If a client would need a visa to "stop" in the USA they would still need a visa to "transit". The US embassy has announced that as of 31 December 2002 anybody needing a visa to travel to or via the USA will no longer be able to apply through a visa agency like ourselves or directly by post to the embassy. Trailfinders visa service is no longer accepting applications. They will instead have to make an appointment for a personal interview at the Embassy. Please call the Embassy information and appointment number 09055 444546 (premium rate £1.30 per minute). In Ireland call 1580 456111 (€1.90 per minute). This will inevitably lead to severe delays, and applicants may have to wait a number of weeks before securing an appointment. You must consider this when making any booking involving the USA if you require a visa to travel or transit there.
I've never been, but I hope that helps a little. :)
Answers:
Hi most of the British friends I have, have been to visit the US at some point and the few that do have a criminal record (minor offences) haven't bothered to get the visa. None of them have ever been stopped getting into or out of the country. This is both pre and post 9/11. The US government doesn' t have access to your criminal records, so I wouldn't worry to much about applying for the visa, as it can take ages and then puts a mark next to their names for life in the Immigration database, so they'll always have to apply for a visa to go. If they did happen to somehow get caught the only thing that would realistically happen to them is that they would be deported.
Your friends will need machine readable passports (they've got loads of >>>>>>>>> at the bottom) or they'll need to get a visa at the Embassy. If they haven't got them and there's enough time to get new ones issued, it's probably worth the hassle and cost to get the new passports as opposed to the visa.
One word of warning though, the friend with the drink driving offence may not be able to drive a rental/hire car. He will need to declare that to the hire car folks, as if he doesn't it can invalidate his insurance and if something does happen he'll be liable for the entire bill.
Hope that helps.
Answers:
I know someone who was worried about going to the USA with a criminal record from 9 years previous so he applied for a VISA.
He got turned down.
He then applied 5 years later as he wanted to go to Miami
and got turned down again.
I personally wouldn't apply for the VISA, i would just go and if you do get caught say the conviction is expired in the UK so they didn't think they would have to declare it.
As Dolphins said, the worst they can do is send them back home.
Answers:
I would agree. As much as I dont condone lying, the US authorities have no idea if you have convictions, and never will as it would break all kinds of data protection regulations for the Home Office to share that sort of information.
If they are minor offences, then tell them to declare "no" on the Visa waiver cards you fill out on your way over, and run the gauntlet. As Gizmo says, the chances are they'd get turned down and it's a lengthy process which involves a trip to the Embassy to plead your case.
As for the thing about passports, everyone's got those >>>>>> unless their passport was issued by a British Embassy abroad. All the new maroon ones have them and are therefore machine readable so it's unlikely to be a problem.
kateab