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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Prison record & travel to USA

61 replies

TheFirstOrangeLeavesofAutumn · 14/09/2024 15:02

My brother & his young family are going to the USA for a once in a lifetime special holiday.

Over 25 years ago as an idiotic teen he spent a couple of years in prison for drugs offences (not dealing).

He is very remorseful, has cleaned up and done well, but AIBU to think he won't be let into the USA as he has a criminal record?

I am due to see him next weekend and want to raise it with him privately and would like the facts. Google is sending me down all sorts of rabbit holes!

OP posts:
Chocolateorange22 · 14/09/2024 15:06

Has he filled out his ESTA yet, will know either way then as you have to declare it.

SummertoAutumntoWinter · 14/09/2024 15:07

I don't know what the questions are on the ESTA nowadays. Does it ask about criminal record for drug offences?

mynameiscalypso · 14/09/2024 15:08

He might not qualify for an ESTA. In that case, he'd need a visa from the US Embassy.

DonnaBanana · 14/09/2024 15:08

He absolutely won’t get an ESTA with a drugs conviction unless he lies which is a whole other kettle of fish. However, he might well be able to get a tourist visa but this will take a visit to the embassy and take time.

Florally · 14/09/2024 15:09

He will fail the application for an Esta visa and will have to apply for a full visa and go and have an interview. Depending on how that goes and details no one here knows, he’ll either get one or he won’t.

Notreat · 14/09/2024 15:09

I think he will have go go to the US embassy to apply for a visa. But it doesn't mean he won't get in. There must be many people with old drugs offences who travel to the USA

RadioWhatsNew · 14/09/2024 15:10

He won't get an ESTA, he'll have to apply for a Visa which means a visit to the US Embassy in either London or Belfast. There's a very lengthy wait for appointments which can run into several months, so better to apply sooner rather than later.

Createausername1970 · 14/09/2024 15:14

When you say "they are going" do you mean they have already paid for air travel?

Ideally you sort out your ESTA before parting with any money. As others have said, he will possibly have to apply in person, so if you are going to raise it with him, then have all the info ready for him.

Jagshamesh · 14/09/2024 15:15

Getting arrested and or sectioned can stop you getting in cant it, so spending 2 years at HMP can't be good.

Zanatdy · 14/09/2024 15:15

He definitely won’t qualify for an ETSA and given it was a prison sentence I doubt he would qualify for a visa. I doubt he will be going so yes best to let him know.

Rhayader · 14/09/2024 15:17

He needs to apply for a B2 visa from the US embassy. He should do this asap as it can take time and you need to have an interview, slots can be hard to get sometimes.

https://uk.usembassy.gov/visas/tourism-visitor/how-to-apply/

How to Apply

Important: Please keep checking our Frequently Asked Questions (FAQs) for the latest information about travel to the United States and visa services in

https://uk.usembassy.gov/visas/tourism-visitor/how-to-apply

BeMintBee · 14/09/2024 15:17

Presumably he will know all this himself?

Doggymummar · 14/09/2024 15:20

My friend was a heroin addict and went to prison for shoplifting many years ago. He was allowed into America but refused residency when he married an American

HisNibs · 14/09/2024 15:20

As other's have said, he definitely cannot travel under the ESTA program but he should be able to apply for a B2 tourist VISA given how long ago the offence was. It will take months to obtain though and require an interview at the US embassy in London (waiting time for appointments generally is 105-120 days). Have they booked yet?

Tattletwat · 14/09/2024 15:25

He won't get in under esta it asks you questions about your history and he fails questions 2 and 3 and possible another one.

He will need to apply for a visa.

His crimes must has been bad to spend 2 years inside.

sonofrageandlove · 14/09/2024 15:33

Maybe he has already sorted his visa?

christmaself2020 · 14/09/2024 15:36

I'm on lots of USA chats and apparently the lead time for visa interview are into new year already so he should sort asap

Squeezetheday · 14/09/2024 15:46

Not sure why you feel responsible to tell another adult they need to check their entry requirements to another country but anyway…as others have said he’s not eligible for an ESTA and he needs to attend the embassy in person for an interview for a visa which will have a waiting time of months ahead. It’s not guaranteed he would get one though as it will depend on the conviction he has. Might be worth raising if he has travel insurance if his visa is refused!

CandidHedgehog · 14/09/2024 15:49

Squeezetheday · 14/09/2024 15:46

Not sure why you feel responsible to tell another adult they need to check their entry requirements to another country but anyway…as others have said he’s not eligible for an ESTA and he needs to attend the embassy in person for an interview for a visa which will have a waiting time of months ahead. It’s not guaranteed he would get one though as it will depend on the conviction he has. Might be worth raising if he has travel insurance if his visa is refused!

Travel insurance doesn’t cover visa refusal - or at least, I’ve never seen any that does.

Missingpotatocroquettes · 14/09/2024 15:54

Doggymummar · 14/09/2024 15:20

My friend was a heroin addict and went to prison for shoplifting many years ago. He was allowed into America but refused residency when he married an American

What did they end up doing? Just out of curiosity!

shuffleofftobuffalo · 14/09/2024 16:06

He is unlikely to get a visa with a criminal record, whatever it was for. Particularly unlikely if it's drugs or violence related. US immigration is v tough and drugs convictions are pretty much a blanket ineligibility criteria regardless of time since or remorsefulness.

Hopefully he's not booked already, but I bet he has and thinks it will all be fine. He'd be well advised not to lie on the ESTA either as they have ways and means of finding out these things.

Mumof1andacat · 14/09/2024 16:10

He really should have looked into this before booking. He might get a visa, but that's very unlikely. He definitely won't get an esta approval. Visa appointments are generally a 6-9 month wait.

CoastalCalm · 14/09/2024 16:12

Has he not told his now partner ?

bluetiles2024 · 14/09/2024 16:29

Think visa not Esta. Which can take a lot longer but is do-able

Aduvetday · 14/09/2024 16:33

He will have to apply for a visa and with what you’ve said here - he won’t get one.