Holidaying in the USA with a criminal conviction
#16
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 11
Re: Holidaying in the USA with a criminal conviction
All,
Thank you very much for your replies.
I am not sure whether my conviction is considered as a 'petty offense excpetion'? And does this apply in my case?
I am a happy to apply for a visa providing I have some sort of idea if I was actually be allowed to enter the US.
I have checked my options for changing my flights and unfortunately I can change my flight but the route is still the same, meaning I still need to do a stopover in the US (1.5 hours)... do you need to go through immigration if you just do stopovers???
If i was to book another flight to completely re route and avoid the US then it's going to cost an arm and leg to do...
My other concern is that, my employer has US offices - does that mean that my chances of getting a working visa is even slimmer?
Thanks again.
Thank you very much for your replies.
I am not sure whether my conviction is considered as a 'petty offense excpetion'? And does this apply in my case?
I am a happy to apply for a visa providing I have some sort of idea if I was actually be allowed to enter the US.
I have checked my options for changing my flights and unfortunately I can change my flight but the route is still the same, meaning I still need to do a stopover in the US (1.5 hours)... do you need to go through immigration if you just do stopovers???
If i was to book another flight to completely re route and avoid the US then it's going to cost an arm and leg to do...
My other concern is that, my employer has US offices - does that mean that my chances of getting a working visa is even slimmer?
Thanks again.
#17
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Holidaying in the USA with a criminal conviction
Doesn't that differ from
http://ortega-medina.com/criminal_in...ense_exception
"if one satisfies the requirements of the "petty offense exception", one may enter the United States without first visiting the embassy or enduring the lengthy and onerous burden of applying for a waiver."
http://ortega-medina.com/criminal_in...ense_exception
"if one satisfies the requirements of the "petty offense exception", one may enter the United States without first visiting the embassy or enduring the lengthy and onerous burden of applying for a waiver."
"Ultimately, the decision to admit or not to admit in such a case lies entirely in the hands of the inspecting officer at the U.S. port of entry. This officer is the person that must be convinced whether or not one is admissible under section 212 of the Act. Thus, to properly claim the "petty offense exception" it is essential that one be armed with the evidence and (preferably) the applicable legal authority."
It is unlikely they will be easily convinced by someone who either lied on the ESTA form, or ignored the ESTA instructions to seek a B-2 visa. They can VWP refuse someone for any little reason and there is no review.
#18
Forum Regular
Joined: Mar 2009
Posts: 45
Re: Holidaying in the USA with a criminal conviction
Seemingly hes a contributor here.
He wrote this http://britishexpats.com/articles/us...ic-travel-usa/
So maybe he can expand on this discussion.
He wrote this http://britishexpats.com/articles/us...ic-travel-usa/
So maybe he can expand on this discussion.
Last edited by snowguy; Apr 24th 2009 at 3:13 pm.
#19
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 11
Re: Holidaying in the USA with a criminal conviction
Just wondering , if I can't change my route and need to do a 1.5 hours stopover in the US - do i still need a visa for that??
#20
Forum Regular
Joined: Mar 2009
Posts: 45
Re: Holidaying in the USA with a criminal conviction
On the Petty Offenses Exception
You need to apply for a police certificate from here. http://www.acpo.police.uk/certificates.asp
This will tell you if it is one or multiple crimes.
This will tell you if it is one or multiple crimes.
Last edited by snowguy; Apr 24th 2009 at 3:15 pm.
#22
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 11
Re: Holidaying in the USA with a criminal conviction
I have been trying to look for alternative routes but unfortunately to change my ticket is costing me about ~£1000. Not a sum of money I want to pay.
Out of curiosity... If i was to do a stopover in US for just 1.5 hours... if they find that I don't have a visa will they just send me on the next flight home or what would happen??? I am worried that I won't even be allowed a visa.
Thanks in advance.
Out of curiosity... If i was to do a stopover in US for just 1.5 hours... if they find that I don't have a visa will they just send me on the next flight home or what would happen??? I am worried that I won't even be allowed a visa.
Thanks in advance.
#23
Forum Regular
Joined: Mar 2009
Posts: 45
Re: Holidaying in the USA with a criminal conviction
This will tell you if it is one or multiple crimes.
If it is one crime, then you should be able to use the petty offenses clause. No-one here knows if you have commited one or more crimes.
If you try and enter when you are inadmissable, they may send you straight back to the UK, or worse, lock you up till they can send you back.
#24
Just Joined
Thread Starter
Joined: Apr 2009
Posts: 11
Re: Holidaying in the USA with a criminal conviction
I think it is classifed as 3 convictions but I am going to get a Police Certificate to double check.
If I have 3 convictions then that doesn't fall under petty offense... what do you think my chances of getting a visa is at all??
Thanks again
If I have 3 convictions then that doesn't fall under petty offense... what do you think my chances of getting a visa is at all??
Thanks again
#25
Re: Holidaying in the USA with a criminal conviction
See post #7, 14 and 23. No one here has a crystal ball. Get the certificate, apply for the visitors visa and post the outcome here.