Visa for America with a criminal record

Travel Forums North America Visa for America with a criminal record

1. Posted by Dexbrow (Budding Member 2 posts) 6y Star this if you like it!

I was wondering if anyone could advise. My partner has several criminal records from his younger days. (Please don’t judge) burglary, robbery, possession of class A, fraud, assault. (Shameful I know!)

He has not re-offended for 10 years now. Do you think he would be refused a visa as I would like to visit friends in Florida but need to find out if he will be allowed into the country before hand! Thank you

2. Posted by westwind57 (Full Member 77 posts) 6y Star this if you like it!

Would be helpful if you tell which country you (and especially your partner) are from, if you ask a question like this. The world is bigger than just UK... (wild guess)

[ Edit: Edited on 27-Apr-2018, at 10:46 by westwind57 ]

3. Posted by Dexbrow (Budding Member 2 posts) 6y Star this if you like it!

Apologies we are in the uk! :)

4. Posted by AndyF (Moderator 2957 posts) 6y Star this if you like it!

The only way you will know is to apply for the visa. Cases are looked at individually, and no one on the internet will be able to tell you with any certainty what the outcome will be.

My own opinion, from what I've read, is that your chances are slim so I wouldn't get your hopes up too high - I think your partner is the sort they're trying to keep out.

5. Posted by westwind57 (Full Member 77 posts) 6y Star this if you like it!

There is a long thread in the forum about this subject, and this might help you to find out what is best. Here is the link.
I think there have been other threads about the same subject too. You can find them with the search function (select to search in Forums). I think you may find the info that you need (plus some opinions) in there, and I hope you'll find what's best in your situation. Just remember that even if you have an ESTA or a visa, at the end of the day it is the officer at the port of entry who decides.

6. Posted by leics2 (Travel Guru 6364 posts) 6y Star this if you like it!

The long thread linked above dates back many years and, inevitably (because visa rules, processes and procedures change) contains information which is no longer relevant. For that reason, I'm glad you asked a new question.

No-one can tell you what your partner's chances are. The only way to find out is to apply for a visa and make a visa appointment (only in London or Belfast)

https://uk.usembassy.gov/visas/nonimmigrant-visas/

As your partner has a criminal record involving several CIMTs (crimes involving moral turpitude) he will almost certainly need a 'Waiver of ineligibility' before any visa can be granted. The officer who deals with him at his visa interview will either recommend that he applies for such a waiver (and guide him about the process) or will tell him that he cannot be recommended.

If he is recommended for a waiver of ineligibility, the process can take several month so please don't book any holidays or flights until your partner has been granted a visa: you may well end up losing money.

https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/

[ Edit: Edited on 27-Apr-2018, at 12:28 by leics2 ]

7. Posted by Ale28 (Budding Member 2 posts) 6y Star this if you like it!

Hello kind people.
I need your advice please.
I am from none EU country and I am resident of the UK at the moment.
About 6 years ago, Before I’ve got resident permit I travelled from EU to the UK and the EU immigration didn’t point out to me that I was not allowed to enter to the UK. When I arrived to the UK I was refused entry and detained in police station for 2-3 days , they took my fingerprints, after detained me in detention center for about 10 days and sent me back to my country. The UK immigration mentioned that it was not my fault , EU immigration should not have allowed me to traveled to the UK.
I went to my country and applied for visa to the UK and was granted visa one month later.
I would like to know how I should answer the question about arrest and conviction?

[ Edit: Edited on 02-May-2018, at 11:36 by Ale28 ]

8. Posted by leics2 (Travel Guru 6364 posts) 6y Star this if you like it!

You don't give your citizenship, which is relevant. Not all citizenships are eligible for a US ESTA, for example.

There is no such thing as 'EU immigration'. Border control is operated by the country from which you left. If you leave from e.g. France then the French government operates border control.

It was (and is) your responsibility to know what the entry requirements are for any country and to make sure that you meet those entry requirements. Regardless of what you may have been told, checking that you have the correct entry requirements is not the responsibility of the country you are leaving from. For air passengers, it is the responsibility of the airline to ensure that their passengers meet e.g. visa requirements and they are normally pretty strict about checking (because the airline can be fined).....so I wonder if you arrived in the UK by ferry from e.g. France?

You say you were refused entry, detained and deported. You do not mention whether you were formally arrested (you would know if you were) though it is not usual for those who are to be arrested if they are denied entry on arrival in the UK.

[ Edit: Edited on 02-May-2018, at 13:23 by leics2 ]

9. Posted by Ale28 (Budding Member 2 posts) 6y Star this if you like it!

I am from Belarus. I had a permanent residence permit in Lithuania. Because I use to work there. I took flight to the Republic of Ireland and two days later I travelled by ferry from the Republic of Ireland to the UK.

10. Posted by leics2 (Travel Guru 6364 posts) 6y Star this if you like it!

I suspected you had arrived by ferry.

Belarussian citizens are not eligible for a US ESTA so you will need to apply for a US tourism/visitor visa. This official page tells you how to go about it:

https://uk.usembassy.gov/visas/tourism-visitor/how-to-apply/

You'll need to apply and then make an appointment for an interview in London.

If you have ever been arrested or convicted, you should of course declare that fact.

[ Edit: Edited on 02-May-2018, at 13:51 by leics2 ]