willhampshire08

hi I'm looking to go America soon as a holiday with the family but I Have a criminal record for theft I got 24 weeks custody suspended for 12 months would this stop me going. I would be going after the 12 months have gone any help please thanks

Jerseygirl

Welcome to BE.

I have moved your thread over to our U.S. Immigration forum. No doubt someone will be along shortly to help you.

Guindalf

Yes, it could well invalidate the VWP (visa waiver program) and you have to apply for a B visa from the US Embassy. This involves a fee and a visit to the embassy in London for an interview.

There are many factors that would decide the likelihood of the visa being issued like how old were you? How long ago was it? What was the MAXIMUM sentence for the offense (not what you got, but what you could have got), etc.

Without giving too much personal information, if you can fill in the blanks, we may be able to give a better idea of the possible outcome (although we can't TELL you what it'll be, we can make educated guesses based on past experiences, both personal and from what we've seen on this board).

Whatever, do yourself a favour and don't book anything until you have a visa in hand!

materialcontroller

Reading between the lines, it seems as though the offence is relatively recent. In which case, I don't fancy the OP's chances much.

willhampshire08

Thanks

willhampshire08

Hi I could have been sentence to 1 year in prison I'm 33 my first offence it was 2 weeks ago but I'm not going till summer 2017

civilservant

Even an application for a B visa in late 2016 would likely lead to a rejection in my opinion. The offense was very recent, and will still be recent in immigration terms 18 months in the future.

That said, you only lose the application fee if you try - and the chances of you going are zero if you don't apply!

Guindalf

Er, no. No you're not! Think AT LEAST 2025, if not later.

Pulaski

The factors that appear to affect the liklihood of a visa being issued to someone with a criminal record include:

• the severity of the crime (that you were sentenced to custody for a first offence, albeit suspended, tells us it wasn't a trivial matter)
• the number of years that have passed during which you have settled down and shown good character - such as holding a steady job, having a family, buying a home, etc., and especially staying out of trouble
• your relative youth and naivity at the time of the offence - the older you are the more likely it is that "you should have known better"
• the time that has passed relative to your age - three years after a crime might lead to a visa being issued if you were only 19 when you committed the crime, but as you were 33 when you committed your crime, you will likely have to show good character, remorse, and having reformed your morals for a lot longer than three years before a visa is likely to be issued.

You might get a visa sooner than Guindalf predicts, but personally I wouldn't bet on it.

While Civilservant correctly says you won't know for sure if you can get a visa unless you apply, I think the probability of you getting a visa in at least the next three years is so low that you would be better advised to save your money.

willhampshire08

Thanks for all advice I will ring the embassy to see where I stand thanks

Pulaski

No! Don't do that!

The US embassy does not have anyone available on the phone to provide advice. Worse than that, anything the people who do answer the phone might say is (i) worthless, (ii) cannot be relied on for anything, and (iii) might be actually wrong!

If you want formal advice on US immigration law and the issuing visa process the only place to go for it is an experienced immigration lawyer. Bear in mind that a lawyer charges for services provided and might be inclined to recommend applying even if the chances of getting a visa are negligible because that is how he/she gets paid.

materialcontroller

We have already told you where you stand.

You aren't eligible to use the VWP, you won't get a B2 visa for quite a while and therefore you won't be going on holiday to the USA.

willhampshire08

I no what you have said but I have had loads of comments about this and other are says that I can get a esta visa but there are 2 questions on there which are 1 have you ever been arrested or convicted for a crime that resulted in serious damage to property or serious harm to another person. Which is a no
2 have you ever violated and law related to possessing using illegal drugs. That was a no to

materialcontroller

If you'd read the ESTA guidance correctly and understood what a crime involving moral turpitude was, you'd also have realised that the answer to the first question is YES in your case.

Pulaski

This. "Harm to another person" doesn't just mean physical assault.

Entering the US having completed a fraudulent ESTA risks you being permanently banned from entering the US!