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Getting a US visa with criminal conviction

20 replies

Fortitudine · 10/07/2016 16:53

I am wanting to go to the US at the end of the year, and I need to apply for a visa at the US embassy as I have a criminal conviction which means I'm not eligible for the visa waiver scheme.

Twenty years ago I was convicted of drink driving and given a warning for possession of a small amount of cannabis. Does anyone know the chances of me being refused a visa? I have obtained the forms from the British police and nothing shows, but there is a marker there which means I do have a record. I have been filling in the form and they ask for a contact in the US but I don't know anyone there. I visited the States in the early 90s, but haven't been since my conviction.

I would appreciate nobody telling me that it's my fault because of my conviction - I realise that, but this is my only conviction ever, committed when I was bereaved and depressed. I am ashamed of it, and was punished for it (fine and driving ban). I don't even drink now.

I realise I will have to attend an interview at the American embassy in London, does anyone have any experience of this?

Thank you in advance.

OP posts:
PotteringAlong · 10/07/2016 16:54

I think if you have a drugs conviction you've got next to no chance of getting a visa.

Evergreen17 · 10/07/2016 16:58

20 years ago? Shouldnt that have expired now?

Fortitudine · 10/07/2016 17:02

Apparently nothing expires for US embassy purposes.

OP posts:
Fortitudine · 10/07/2016 17:04

I wondered if the fact that I was given a warning (not even an actual caution or conviction) would be taken into consideration.

OP posts:
Iguessyourestuckwithme · 10/07/2016 17:05

I don't think you'll be going. A friend is married to an American and can't fly over to see his in laws due to a 20 year old conviction much like yours.

LowDudgeon · 10/07/2016 17:08

Does a warning count as a criminal record?

The drink driving thing doesn't matter afaik.

Batboobs · 10/07/2016 17:10

Apparently you're now supposed to apply for a Visa even if you have only been arrested, with no charge. The whole thing is ridiculously strict.

LowDudgeon · 10/07/2016 17:10

[[http://forums.moneysavingexpert.com/showthread.php?t=4973777 this person has TWO & still got an ESTA ]]

LowDudgeon · 10/07/2016 17:19

This is from 2011 & says it's being arrested that matters.

I think you need to ring the embassy Confused

Getting a US visa with criminal conviction
redhat · 10/07/2016 17:23

DH had a US bench warrant out for his arrest and we have since been backwards and forwards to the US plenty of times. Call the embassy and they will help you out.

LowDudgeon · 10/07/2016 17:30

this is the page the image I posted above is from

This was a person with an actual caution for cannabis possession but there are lots of helpful answers including one from a US Immigration lawyer

AyeAye · 10/07/2016 17:32

If the drugs thing was just a verbal warning then it won't be recorded anywhere, you weren't arrested or cationed so forget it. Concentrate on the drink drive part - I ink plenty of people just get the esta with this.

SwedishEdith · 10/07/2016 17:35

But doesn't Boy George travel to America and back? I'd see a lawyer - there's clearly some flexibility

PotteringAlong · 10/07/2016 18:07

I imagine boy George concerts bring in quite a lot of money for local economies. I'm not sure the op will have the same pull Smile

DreamingofItaly · 10/07/2016 18:14

The drink drive conviction doesn't matter. I have a friend who has that and he goes to the US all the time.

The warning for cannabis I don't know. I think if it's a verbal you're ok. It's arrests they care about. As PP have said though, give the embassy a call.

Good luck, I hope you can travel.

Roomba · 10/07/2016 18:51

I would check with the embassy. A colleague of mine has a few drink driving convictions from about 15 years ago, plus a few drunk and disorderly convictions. He has visited the US several times in the last couple of years, so I imagine you'd be fine. But ask them - then you'll know for certain.

AyeAye · 10/07/2016 19:08

I wouldn't ask the embassy. You will get a stock answer of 'you need a visa'. And then you will have flagged yourself to them. I would just do the esta. They're looking for terrorists, not people who were a bit daft in their youth. But they won't tell you that. Have a google, there are tons and tons of people asking about this on travel / Disney forums.

LowDudgeon · 10/07/2016 19:34

But lots of forums say that if you go for the ESTA & they check you out over there & turn you back you will never get in again.

Surely it's possible to ring the embassy & get advice without giving your name?

"Asking for a friend" Wink

Mycraneisfixed · 10/07/2016 20:04

Attend the interview and tell the truth and how you've changed. There are no rigid rules, it's very arbitrary. Good luckFlowers

TheDisillusionedAnarchist · 10/07/2016 20:08

DH was arrested for cannabis possession aged 13. Needed a U.S. Visa, zero problems. They were perfectly friendly and professional and didn't consider it a major issue at all. Doubt you'll have a problem. He has a 10 year visa.

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