Florida - Visa
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Discussion

Most Dope

Original Poster:

1,541 posts

202 months

Wednesday 27th July 2011
quotequote all
Hi all.

I'm planning on going to florida with my girlfriend but have a little problem.

About 5 years ago i was arrested. One of the charges was dropped completly and for the other i received a conditional discharge. I understand this means i haven't actually got a conviction for the charge.

Does anybody know if I'll be ok entering using the Visa Waiver program, will i have to ask permission from the US embassy or will i not be allowed in at all?

If it makes any difference i've been lots of times before but before i was arrested and all the other times i was travelling with my parents.

Thanks, MD.

The Count

3,417 posts

293 months

Wednesday 27th July 2011
quotequote all
Don't panic. Just go through the VWP.

They're not after people like you smile

Most Dope

Original Poster:

1,541 posts

202 months

Wednesday 27th July 2011
quotequote all
The Count said:
Don't panic. Just go through the VWP.

They're not after people like you smile
I hope so, I really don't want to go on a 9 hour flight just to get sent straight back on one.


Crafty_

14,181 posts

230 months

Wednesday 27th July 2011
quotequote all
I'd ring the US Embassy and check, if there is no conviction I'd guess you should be ok.

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
Crafty_ said:
I'd ring the US Embassy and check, if there is no conviction I'd guess you should be ok.
NO!

Don't ever ring the embassy and volunteer that information, they WILL turn you back, as that's the only way they can find out about the conviction (that and the newspapers if you're famous).

The rules on this are a bit ambiguous; the Embassy will tell you ANY conviction more serious than a speeding ticket must be declared, but that's not what the state department say.

Don't post the conviction here, but read through this document and figure out whether it is a "Crime of Moral Turpitude".

www.state.gov/documents/organization/86942.pdf

If it isn't, you are fine to use the visa waiver.

And as someone with a conditional discharge, it does count as a criminal conviction, albeit "spent" after 12 months or the end of the conditional discharge period, whichever is longer.

jimmyjimjim

8,316 posts

268 months

Wednesday 27th July 2011
quotequote all
davepoth said:
NO!

Don't ever ring the embassy and volunteer that information, they WILL turn you back, as that's the only way they can find out about the conviction (that and the newspapers if you're famous).

The rules on this are a bit ambiguous; the Embassy will tell you ANY conviction more serious than a speeding ticket must be declared, but that's not what the state department say.

Don't post the conviction here, but read through this document and figure out whether it is a "Crime of Moral Turpitude".

www.state.gov/documents/organization/86942.pdf

If it isn't, you are fine to use the visa waiver.
Beat me to it; I was going to make the same points re the embassy and moral turpitude.

The exact question asked is:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

So look it up and see if you get lumped in or not.

jimmyjimjim

8,316 posts

268 months

Wednesday 27th July 2011
quotequote all
davepoth said:
And as someone with a conditional discharge, it does count as a criminal conviction, albeit "spent" after 12 months or the end of the conditional discharge period, whichever is longer.
Convictions aren't spent for the purposes of the VWP. But I can't see how they'd know unless you volunteer the info.

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
jimmyjimjim said:
Convictions aren't spent for the purposes of the VWP. But I can't see how they'd know unless you volunteer the info.
Very true. "spent" in terms of the UK law only. Anecdotally (going by the tweets of I think Joey Barton who was refused a visa to play on a football tour this summer) the people in the embassy use the Rehabilitation of Offenders Act as a guide when considering applications for visas.

Most Dope

Original Poster:

1,541 posts

202 months

Wednesday 27th July 2011
quotequote all
Thanks Jimmy and Davepoth.

I wasn't going to ring the emabassy for the reasons you say. I think I'll just try using the VWP and see how it goes.


Thom987

3,185 posts

196 months

Wednesday 27th July 2011
quotequote all
You will be fine, they have let me in a number of times and I have a wee bit more than a conditional discharge on my record.

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
Thom987 said:
You will be fine, they have let me in a number of times and I have a wee bit more than a conditional discharge on my record.
Certainly it's not too hard to get in. Using the aforementioned Joey Barton thing, he was refused a visa because he keeps beating the st out of people, but he was on holiday in the USA a couple of months ago...

Thom987

3,185 posts

196 months

Wednesday 27th July 2011
quotequote all
davepoth said:
Thom987 said:
You will be fine, they have let me in a number of times and I have a wee bit more than a conditional discharge on my record.
Certainly it's not too hard to get in. Using the aforementioned Joey Barton thing, he was refused a visa because he keeps beating the st out of people, but he was on holiday in the USA a couple of months ago...
I wouldnt let Joey Barton in if I was in the position to.

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
Thom987 said:
I wouldnt let Joey Barton in if I was in the position to.
It's a pity that UK immigration didn't think the same way...

Most Dope

Original Poster:

1,541 posts

202 months

Wednesday 27th July 2011
quotequote all
Ok thanks for the info guys.

Next question; I don't have a credit card (and for numerous reasons i can't / won't get one). My girlfriend does but she doesn't have a driving licence and she's only 21.

All the places i've looked to rent a car require you to be aged 25 with a full driving licence and a credit card in your own name. So how am i supposed to rent a car ? Does anybody know of a rental company that would let us either pay the deposit in cash or let us put the deposit on the GF's card but the hire car in my name
Or would they let us hire and pay for it in her name, paying the deposit with her CC, but without her as a driver and us paying extra to add me as an additional driver?

Is there any way round this ?

Cheers, MD.

Thom987

3,185 posts

196 months

Wednesday 27th July 2011
quotequote all
Friend of mine doesnt have a CC, he was able to use someone elses card and his own license. He is actually on holiday at the minute so I cant ask him the finer details.

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
A visa debit card will work just as well.

Most Dope

Original Poster:

1,541 posts

202 months

Wednesday 27th July 2011
quotequote all
Thom987 said:
Friend of mine doesnt have a CC, he was able to use someone elses card and his own license. He is actually on holiday at the minute so I cant ask him the finer details.
Was that in Florida, or at least America?

If you could find out anything about how he did it once he's back I'd really appreciate it.

What ever happened to paying for things with money, real paper money!! rage

davepoth

29,395 posts

229 months

Wednesday 27th July 2011
quotequote all
Also prepaid credit cards.

http://www.prepaidcreditcards.org.uk/

Thom987

3,185 posts

196 months

Wednesday 27th July 2011
quotequote all
davepoth said:
A visa debit card will work just as well.
I dont think they work in the States.

Thom987

3,185 posts

196 months

Wednesday 27th July 2011
quotequote all
Most Dope said:
Thom987 said:
Friend of mine doesnt have a CC, he was able to use someone elses card and his own license. He is actually on holiday at the minute so I cant ask him the finer details.
Was that in Florida, or at least America?

If you could find out anything about how he did it once he's back I'd really appreciate it.

What ever happened to paying for things with money, real paper money!! rage
yes that was in Florida