American visa?
#1
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American visa?
Im off to san jose in august and im worried i wont be able to get a visa.... I got caught over the limit the next day when i was 19 resulting in a dr10 and iv also been charged with abh as a stupid youngster!
will it still be possible to get one for my trip there this summer ?
will it still be possible to get one for my trip there this summer ?
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#7
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I would seriously doubt they mentioned it.
Have a read of this, specifically this bit:
is not ineligible to receive a visa under U.S. visa law. Travelers 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 are not eligible to travel visa free under the Visa Waiver Program. Please follow this link for further information;
And read the link therein.
I wasn't sure about rehabilitation for the US, I know it's possible for entry into Canada, but it seems the US does not apply to the US visa waiver.
You can of course decide to travel and not say a word, and if you are asked by US immigration about a criminal record, lie to them. As said on the other thread, they probably don't have access to your criminal record, but do you really want to take the risk? *If* they find out then they will be more than a little unhappy, and will send you right back to the UK, and probably bar you from entering the US for quite some time (5 years minimum seems to ring a bell)
Last edited by Markus; 25 April 2013 at 02:10 AM.
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#8
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If you read the Esta requirements, they want to know about these things:
Your offences aren't on that list, but check with the embassy.
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *
#9
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i think the point is this
It is not about travelling to the US per se
it is about traveling to the US under the Visa Waiver program - i.e. whether you can travel without needing to complete a Visa application.
If you have a "history" I think it prudent to apply for a Visa -- this is not to say they will not let you travel, just that you can not travel under the Visa Waiver program
http://london.usembassy.gov/add_req.html
this link seems clear
"We do not recommend that travelers who have been arrested at anytime attempt 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 B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States."
It is not about travelling to the US per se
it is about traveling to the US under the Visa Waiver program - i.e. whether you can travel without needing to complete a Visa application.
If you have a "history" I think it prudent to apply for a Visa -- this is not to say they will not let you travel, just that you can not travel under the Visa Waiver program
http://london.usembassy.gov/add_req.html
this link seems clear
"We do not recommend that travelers who have been arrested at anytime attempt 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 B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States."
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I`m amazed at how often this question comes up. People booking holidays or flights to the U.S. then worrying about getting in after. Common misconception seems to be that you need a visa to visit. You dont, unless your stay is over 90 days. The OP says its a trip so i`m assuming its a holiday. If you enter under the VWP and you tell them you have a criminal record they wont let you in. If you keep quiet and take a chance you might get in, the gamble is up to you. If you want to stay longer than 90 days you will need a visa.
#11
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I`m amazed at how often this question comes up. People booking holidays or flights to the U.S. then worrying about getting in after. Common misconception seems to be that you need a visa to visit. You dont, unless your stay is over 90 days. The OP says its a trip so i`m assuming its a holiday. If you enter under the VWP and you tell them you have a criminal record they wont let you in. If you keep quiet and take a chance you might get in, the gamble is up to you. If you want to stay longer than 90 days you will need a visa.
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