Entry to the US if you have a criminal conviction?
Discussion
I've just been asked to find out what the current entry requirements are if someone has been convicted or using and supplying heroin during their misspent youth.
The chap in question is a friend of my parents, in his late 40's and has been on the straight and narrow since his mishaps 25+ years ago. I note from the US Embassy site that an interview maybe required, but how strict are they? Will he encounter hassle for the rest of his life, or are they reasonable people? He is under the impression he'll never be able to visit...
The chap in question is a friend of my parents, in his late 40's and has been on the straight and narrow since his mishaps 25+ years ago. I note from the US Embassy site that an interview maybe required, but how strict are they? Will he encounter hassle for the rest of his life, or are they reasonable people? He is under the impression he'll never be able to visit...
Why doesn't just not mention the fact like most people surely do? Unless his case was high publicity, it is most unlikely anyone will notice.
It just a matter of remembering to tick NO as the answer to all the questions on the card. REAL criminals outdoubtedly do the same surely?
eg "Are you planning to practice prostitution whilst in the US?" "Why YES immigration man I was !"
Prof Beard
It just a matter of remembering to tick NO as the answer to all the questions on the card. REAL criminals outdoubtedly do the same surely?
eg "Are you planning to practice prostitution whilst in the US?" "Why YES immigration man I was !"
Prof Beard
king hope so" didn't seem like the smartest answer, unfortunately
As far as US Customs and Immigration are concerned, you must declare if you have been convicted of a criminal offence - i.e. something that is on your record in your home country. A warning doesnt suffice as a criminal conviction, and as mentioned, the rehabilitation of offenders act allows for some details to be struck off after a period of time (though chances are it is still "on record" if its serious).
Failure to declare this on entry to the US will have your stay somewhat shortened. Though they cant necessarily stop you on entry. However, in a strange twist of fate, if you have a record it is actually better for them - as they can confirm your identity more accurately from records in your home country. Since they know more about you they can also make a better "call" as to what you will be there for. Someone with no record provides them with nothing to go on and hence can (and have been) very wrong in the past.
Though, personally I would contact the US embassy and talk to them. They will be helpful and it might be the case that a visa will be required - this will take a few weeks and a couple of forms, but in general its less invasive than getting stopped at passport control and subjected to a full body search!!!!
Failure to declare this on entry to the US will have your stay somewhat shortened. Though they cant necessarily stop you on entry. However, in a strange twist of fate, if you have a record it is actually better for them - as they can confirm your identity more accurately from records in your home country. Since they know more about you they can also make a better "call" as to what you will be there for. Someone with no record provides them with nothing to go on and hence can (and have been) very wrong in the past.
Though, personally I would contact the US embassy and talk to them. They will be helpful and it might be the case that a visa will be required - this will take a few weeks and a couple of forms, but in general its less invasive than getting stopped at passport control and subjected to a full body search!!!!
It’s pointless ringing the US Embassy – it’s a premium rate line so the call will cost a fortune and they tell everyone that they can’t give advice and to apply for a visa. They do this because the US would really rather everyone had a visa.
Some people say that if you’ve ever even been arrested for anything you’re supposed to get a Visa. I’ve heard of people with 15 yr old speeding convictions who apply for visa’s – then the Immigration Officers laugh at them (for applying) when they go to the US.
I suggest looking at the wording on the Immigration Visa Waiver Form (I94W) that you complete on the ‘plane, if you can’t reasonably tick No to the question, then you’d better get a visa:
“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 a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”
One area of difficulty is that ‘Moral Turpitude’ apparently has no official definition in the US – its lack of definition has been the subject of a failed challenge in court. So it’s used as a ‘catch-all’ (hence the people with driving convictions applying for visas).
I think it’s clear from the way the form mentions 5 yr jail sentences that they’re after pretty serious criminals…and also (for the OP) anyone who’s had anything to do with drugs.
It’s widely accepted that the US doesn’t have access to UK criminal records but they do maintain a list of banned people – passenger lists are sent over to the US and compared to the list. If you get refused entry then you’ll get on the banned list.
Some people say that if you’ve ever even been arrested for anything you’re supposed to get a Visa. I’ve heard of people with 15 yr old speeding convictions who apply for visa’s – then the Immigration Officers laugh at them (for applying) when they go to the US.
I suggest looking at the wording on the Immigration Visa Waiver Form (I94W) that you complete on the ‘plane, if you can’t reasonably tick No to the question, then you’d better get a visa:
“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 a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”
One area of difficulty is that ‘Moral Turpitude’ apparently has no official definition in the US – its lack of definition has been the subject of a failed challenge in court. So it’s used as a ‘catch-all’ (hence the people with driving convictions applying for visas).
I think it’s clear from the way the form mentions 5 yr jail sentences that they’re after pretty serious criminals…and also (for the OP) anyone who’s had anything to do with drugs.
It’s widely accepted that the US doesn’t have access to UK criminal records but they do maintain a list of banned people – passenger lists are sent over to the US and compared to the list. If you get refused entry then you’ll get on the banned list.
Drug convictions are a big no-no for US immigration(despite the US not having a shortage of drug-related felons themselves).
www.americanlaw.com/exclude3.html summarizes grounds for exclusion under INA section 212(a)(2)(A)(i)(II)
>> Edited by mikef on Monday 22 August 22:37
www.americanlaw.com/exclude3.html summarizes grounds for exclusion under INA section 212(a)(2)(A)(i)(II)
>> Edited by mikef on Monday 22 August 22:37
This may help....
I listen to a legal show here in Detroit. There are a fair number of people out there who got a minor conviction some years back who are then restricted in their ability to apply for jobs because it always crops up on background checks. They are always told to contact a lawyer to apply for the conviction to be 'expunged'.
In the first instance I would think that doing this would be the way to proceed.
Once this has been achieved I would then apply to the US Embassy in the UK for a visitor's visa. Take the lawyer along and things should stay reasonable. It would be much better to find out before than after going to the USA, getting stopped and being expelled never to be allowed to return. Possibly no difference, but I wouldn't wish to be detained for some period in the meantime.
I listen to a legal show here in Detroit. There are a fair number of people out there who got a minor conviction some years back who are then restricted in their ability to apply for jobs because it always crops up on background checks. They are always told to contact a lawyer to apply for the conviction to be 'expunged'.
In the first instance I would think that doing this would be the way to proceed.
Once this has been achieved I would then apply to the US Embassy in the UK for a visitor's visa. Take the lawyer along and things should stay reasonable. It would be much better to find out before than after going to the USA, getting stopped and being expelled never to be allowed to return. Possibly no difference, but I wouldn't wish to be detained for some period in the meantime.
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