Criminal convictions and entry into USA. Help please??

[tiredemma]

have planned to go to disney this easter, I am aware that myself and the DC do not need Visa's.
Dp on the otherhand was a bit of a twat in his teens and was arrested and convicted aged 20 for ABH. He has never been in trouble with the police since ( he is now a model citizen in fact!) but because of this he will need a visa. He contacted the embassy today and was told that he has to actually go all the way to London for an interview to see if he is deemed 'fit for entry' into the states.
I really cannot see how he will manage to find the time to go to london for the day, he has just suggested perhaps he travel anyway and see what happens at the other end. I told him to not be an idiot as it would ruin our holiday if he had to return back on the same plane he had just landed off.

Has anybody else found themselves in the same predicament? ie co-habiting with someone who behaved like a nob in their yoof and now as a result of it, jeopordising their childrens chances of meeting Mick Mouse and co??

any advice greatly appreciated, otherwise it looks like we are back to majorca for the 6th year running.

ta. x

How long ago was the conviction? I don't know the actual "rules" but I can give you some personal experiences.

DD's dad was deported from Thailand a couple of years ago for smoking weed, yet managed successfully to take DD to Florida last summer. The embassy told him he wouldn't be accepted, however he just got a new passport (with no deportation stamps on it) and went ahead. No problems.

DH has a minor drugs conviction from when he was about 17. He regularly travels to the US on business. He started doing that after his conviction was "spent". ie, It had been more than 5 years since his conviction with no subsequent incidents. Rehabilitation of Offenders Act says you no longer have to "declare" convictions after that time. Different if you want to work as a barrister or something, of course, but for regular life, that is the rule.

I can't tell you for sure, but IMO, as long as you don't say on those immigration forms that you fill in on the plane, that your DP has convictions then my guess is that it will be fine.

The US embassy must have a policy, but I don't see how enforceable it is if you don't declare the conviction. If they checked the police register all the time, then my DH definitely wouldn't be allowed to sail in and out of the US all the time.

Hope that helps.

thanks, will show this to Dp, see what he thinks.

sorry conviction was 11 years ago. He got a fine and 200 hrs com service.

My dh doesn't have a criminal record, but he did have to go to the embassy for an interview because he needed a visa that would allow him multiple entries for work.

He once also almost got sent back home on arrival because his passport was slightly damaged. He was kept in immigration for four hours whilst they sorted it out. It really was touch and go whether he would be refused entry, and that would have been disastrous for future trips as one of the questions is 'have you ever been refused entry...'.

Not much help to you of course, but if I were you I'd send him for the interview.
Or go to Eurodisney.

thnaks becky. can you remember how long the interview at embassy lasts? Dp works all day every day so this trip to london will need to be planned meticulously.

Hmm, just reading on embassy website that Rehab. of Offenders doesn't apply to US visa applications and that if you have even a spent conviction, that you then need to apply for a visa so you can be interviewed.

Like I said, I know for sure you can "get away with it". Difficulty of course, is knowing if you want to take the risk.

He was there for several hours. They were very thorough. Fortunately the company paid the (not inconsiderable) fee.

I wouldn't chance it. If you are 'caught out' your dh will be refused entry to the states. You and the kids will get in, but he might not, and that would be crapola.

Better by far to jump theough the hoops and if the worst happens you can spend you money on going to eurodisney IYSWIM

hmm, im not entirely sure but i heard a friend of a friend was in the same position, and he went for an interview and all was deemed okay.
if i was him i would make time to get down to london, as it can be done in a day,

maybe try ringing the embassy one more time too just to confirm.

Right, he is going to go to the embassy. I am not running the risk of spending two weeks at disney with the kids. alone.

He will just have to find time in his busy schedule to go! ( might use it as an opportunity to shop for myself)

thanks you lot. you always come up trumps.

They will send him back.

We had a colleague who tried to get into the States with some cannabis. He was refused entry. He then went on to lose a huge promotion at work because he was not allowed back into the States for training courses etc.,

What tch says is right. Does it show on his passport. Will it be on the records the US get? If not I think most people just tick the box on the plane saying no criminal conviction whether that means you can end up in a US jail for life without trial is another matter.