Prison record & travel to USA

[TheFirstOrangeLeavesofAutumn]

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!

Good to know as I know internally spent convictions are considered invisible.

Kinda sad though that say being a twat at say 11 years old because of poor home life means you cannot go to the USA without a year wait and interview.

Very likely his ETSA will be denied and he will
need a visa which can take a lot longer.

Unfortunately, according to .gov.uk:

“You cannot apply for an ESTA visa waiver if you have:

• been arrested (even if the arrest did not result in a criminal conviction)”

According the the US Embassy:

“If you have ever been arrested, cautioned and/or convicted of an offense anywhere in the world, you are required to declare it when applying for a visa.”

He could actually answer no to all the questions on the ESTA quite honestly, because the incident didn’t cause “serious harm”, but that would contradict the above.

I have direct experience of this - my DH has a very minor drugs possession conviction from the 1980’s that resulted in a small fine (no prison time). He couldn’t get an ESTA so had to apply for a visa and have an interview at the US embassy. The normal tourist visa was refused & they sent his paperwork off to Washington for consideration and was eventually granted a special category tourist visa for 5 years. It took 9+ months and about £800 in the end to sort it out. We haven’t bothered to renew it since it expired and will just not bother with visiting the US again - plenty of other places to go on holiday!

Is a renewal the same process, or is it easier because the info has been checked in detail 1st time around?

MIL tried that approach on the question about having been to Cuba since January 2021 (she had). They knew she was lying and denied the ESTA. Had to pay out the extra money for a VISA along with the expense of going to the London embassy for an interview. She only just got it in time.

I have a particularly horrible family member who has multiple convictions for drugs and violence, he's spent years in prison. He goes to America there or four times a year, just doesn't declare it. I'm guessing they're not that stringent.

Let's hope they are not filming a new series of Border Security, the one they show on Sky as him trying to get in will be absolute catnip to them.

Same process unfortunately - that’s why we didn’t bother!

As others have said, he will not get an ESTA. He needs to apply for a B12 visa online and then attend an interview at the US Embassy. Given the conviction was so long ago, it's possible he'll get it. The wait for an interview is about 3 months in the UK at the moment though. If he lies on his ESTA and he is caught then he'll be denied entry at the airport. The US is very thorough and strict, they DO check. He won't be covered for the flight back so will have to pay that (airlines are liable to bring someone back if they don't check someone meets visa requirements, but if he lies that is not the case.) He will be blacklisted from the US for many years at least. It will also affect visas for other countries. He will likely be rejected for Canadian and Australian visas automatically. His status for additional countries will depend on how seriously the US classifies the rejection.

Thank you all for your helpful replies.

In spite of his checkered past I do feel some responsibility for my little brother.

We had a broken family and even though I'm not that many years older, somehow I have taken on the maternal role. He looks up to me.

He's not a bad guy, just not very worldly and I'm pretty sure he has undiagnosed autism.

Anyway, nothing is booked yet. Just plans. But he has been discussing his plight and several 'friends' are encouraging him to just lie!

I have told him in no uncertain terms what I think. He's stubborn though. I know him so well and have to put some other attractive options together. He will hopefully change his mind if he realises the effect it could have on his fragile family if it all goes pear shaped.

Thank you again for all your advice.