C
con71
Guest
Does anyone know if it's possible to go to the states on holidays if you've had a conviction recorded against you?
Travelling to the US on holiday: Is it possible if you have a criminal conviction?
C
con71
Guest
As far as I know you don't need a visa if you're an EU resident. That's why I was wondering about it. Thanks for the input.
Re: Travelling to the US on holiday: Is it possible if you have a criminal conviction
You can travel under the Visa Waiver program, but one of the questions on the Visa Waiver form asks you if you have any convictions. Hence the advice to go through the Visa process....con71 said:
EvilDoctorK
Registered User
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Re: Travelling to the US on holiday: Is it possible if you have a criminal conviction
A Criminal conviction does not necessarily mean you cannot travel on the Visa Waiver form
There are seven questions on the form which you must be able to answer YES to in order to be allowed to travel on the Visa Waiver program.
Question B I think is the relevant one (assuming the conviction isn't for war crimes/genocide ! )
The content of the form you can see here
http://www.immihelp.com/visas/i-94w.html
Basically I believe if it's not a drugs related conviction or related to "moral turpitude" (fraud?) you're okay - unless you've got 2 or more other convictions and in total have been sentenced to over 5 years in prison.
A Criminal conviction does not necessarily mean you cannot travel on the Visa Waiver form
There are seven questions on the form which you must be able to answer YES to in order to be allowed to travel on the Visa Waiver program.
Question B I think is the relevant one (assuming the conviction isn't for war crimes/genocide ! )
The content of the form you can see here
http://www.immihelp.com/visas/i-94w.html
Basically I believe if it's not a drugs related conviction or related to "moral turpitude" (fraud?) you're okay - unless you've got 2 or more other convictions and in total have been sentenced to over 5 years in prison.
I've just seen this FAQ concerning criminal records answered on the US embassy website here:
I have a criminal record or have been arrested. Can I go to the States?
A. Convictions for some types of crime create a permanent ineligibility to enter the U.S., while others do not. In addition, some types of arrest can complicate the question of travel to the U.S. without a visa. Please visit the Department of State's website for more information about Classes of Persons Ineligible to receive Visas and Waiver of Ineligibility information.
This is what the Dept. of State says:
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), 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 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.
(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
Hope this is of assistance.
CMCR.
I have a criminal record or have been arrested. Can I go to the States?
A. Convictions for some types of crime create a permanent ineligibility to enter the U.S., while others do not. In addition, some types of arrest can complicate the question of travel to the U.S. without a visa. Please visit the Department of State's website for more information about Classes of Persons Ineligible to receive Visas and Waiver of Ineligibility information.
This is what the Dept. of State says:
(2) Criminal and related grounds.-
(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), 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 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.
(C) CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the consular officer or the Attorney General knows or has reason to believe--
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or chemical, or endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
Hope this is of assistance.
CMCR.