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Original poster

This is a strange quiery, how do i solve it?

40 replies

Donbean · 21/05/2006 20:47

We are planning our holiday next year and have brochures. We are off to America.
FIL took the booklets and has read them from cover to cover including the small print.
FIL & MIL are coming with us to America.
Any way, in the small print is something along the lines of "if you have ever been arrested, you must inform the American embassy as entry to the USA will be denied".
Well, about 35 years ago FIL was arrested for stealing an item from his work, was fined and sacked.
Now all hell has broken loose in the family about this dark passed and the fact that he cant go with us.
FFS, i dont think that he need do any thing BUT is there any way of finding out if this matters. I dont think that it will, i will be VERY VERY surprised if it does but need to sort it out.

Any suggestions.
ps dont think we should even have to contact the embassy about something so bloody trivial do you?

OP posts:
CarolinaMoose · 21/05/2006 20:49

jeez.

maybe you could contact US immigration or possibly the British embassy in the US (??) and ask them on a no-names basis?

UglySister · 21/05/2006 20:51

As the offence took place so long ago, it may not be counted by the authorities anymore. Check with the police station?

morningpaper · 21/05/2006 20:52

America loves to deny people entry for all sorts of reasons

I would contact the embassy

madmarchhare · 21/05/2006 20:52

Just what I was thinking as I was reading CM.

tiredemma · 21/05/2006 20:55

donbean, dont worry. you can still apply for a visa, and tbh in my experience i doubt he will be denied entry for something so long ago. contact the embassy, but really dont worry.

Original poster
Donbean · 21/05/2006 20:55

FIL rang the police station and they kind of told him to sod off and stop bothering them with such stupidity.....TBH if i was the copper on the end of the phone i would have said that or words to that effect.

OP posts:
Original poster
Donbean · 21/05/2006 20:57

OOOOH Tiredemma! your experience eh!!! Do you mean that they never stop you with your criminal past!!LOL

OP posts:
morningpaper · 21/05/2006 20:57

I think you are asked on entry whether you have ever been arrested

I think that the embassy need to see all documentation relating to the offence and will then do an interview and offer you a temporary visa if they think you are ok

Wouldn't risk it by ignoring it though

UglySister · 21/05/2006 20:57

Oh! In lots of yountries I htink it´s standard practice to go to the police station and get a certificate stating you have no criminal record. Guess you can´t do this here!

UglySister · 21/05/2006 20:57

eg. when you apply for a job you have to submit this document!

tiredemma · 21/05/2006 20:59

makes me look dodgy doesnt it??? ha ha no- im a travel agent.
you will need to apply for a visa prior to travelling though.

Original poster
Donbean · 21/05/2006 21:04

Ive just gone on the American embassy website and there is no info on this subject.
It goes on and on about interviews in London and 16 week wait to see if your application is accepted.
FFS we want to got to the Magic kingdom to see Mickey mouse for 2 weeks, not rob the place.....not done that for 35 years!

OP posts:
Original poster
Donbean · 21/05/2006 21:05

MP there wont be any paperwork for this event, it never went to court, i dont even think that the police station is there any more!

OP posts:
scienceteacher · 21/05/2006 21:08

If he has been arrested or convicted on a "crime of moral turpitude", then he is pretty much inadmissable to the US on the visa waiver program.

I can't quite remember what the definition of moral turpitude is...

He could apply for a B2 visa from the London Embassy and let them figure out whether his past is an issue now.

tribpot · 21/05/2006 21:08

My uncle (a Communist) got into America in the days when you still had to apply for a visa and own up to things like being a Commie - hilariously, I first went to the US aged about 6 and my mum had to confirm that I wasn't a member of a terrorist organistion or a communist then.

Say nowt. Your FIL will never be found out.

scienceteacher · 21/05/2006 21:09

UglySister,
There isn't really a concept of spent time in the US, as there is in the UK. It stays on your record for life. For UK immigration, they say if xx time has past since your conviction, then it is off your record.

Original poster
Donbean · 21/05/2006 21:13

scienceteacher, who do i contact to see if his record has been cleared?

OP posts:
Mercy · 21/05/2006 21:15

I would double check as the US atm is super fussy about who they are letting in. Supposedly. We thought about going the US for a holiday recently but it meant dh (Kiwi) going for 2 personal interviews for a visa (I think that's right - maybe it was just 1).

And yet he can apply for a work visa and as a British citizen I can't. It's all topsy-turvy atm.

scienceteacher · 21/05/2006 21:17

The question on the visa waiver form (I-94W) that has to be answered is:

Have you ever been arrested or convicted for an offense 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?

So, assuming he is not a drug pusher, the issue is moral turpitude. I will try to get a definition for you. I used to know and it has completely escaped me.

scienceteacher · 21/05/2006 21:19

Donbean, AFAIK, there is no concept of a cleared record in the US.

tenalady · 21/05/2006 21:21

definately check with embassy, if they get wind of it they will probably cause a problem on arriving. I heard of a friend of a friend who had been arrested for dropping litter in his teens and was asked many questions when he revealed this before he booked his holiday. He got so paranoid that he almost didnt go.

scienceteacher · 21/05/2006 21:22

Donbean, I'll correct that. A record can be cleared if the crime took place as a juvenile and had a sentence of less than six months - and took place more than five years before the visa application. I don't think this is helpful to you though.

QE · 21/05/2006 21:24

If you said nothing, how on earth would anyone find out about it if there is no record kept of it???

alexsmum · 21/05/2006 21:31

just googled this.crimes of moral turpitude seem to be things like murder,manslaughter etc.
if he did something 35 years ago and only got fined for it then i really wouldn't worry.

drugs is the big one in the us.

scienceteacher · 21/05/2006 21:34

OK - had a look around the web. Do have a google on "moral turpitude" to make your own assessment. I am not a lawyer and don't even play one on TV :)

Basically, most crimes are "moral turpitude", which means morally reprehensible. To make him inadmissable to the US, he'd have to have served a jail term of one year. Obviously this is not the case, but unfortunately the visa waiver form does not go into such detail.

He could ignore it knowing that there are no records and tick "no" on the visa waiver form with 99% confidence, or he could apply for a visa which is almost guaranteed to be granted. In order to apply for the visa, he is going to have to dig up court records that probably don't exist anymore because of our concept of spent crimes.

The kosher answer to the dilemma is to apply for the visa, and you have to decide how orthodox you are.

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