# Rules for entry into the USA with a criminal record.



## hollydolly (May 3, 2015)

I'm not sure anyone will be able to answer this but perhaps someone will know.

My Sister-in-law would like to take her grand-children to Disneyland Florida, she has no criminal record, but her husband has...he  was imprisoned for 6 weeks  14 years ago for an affray. A first offence where no-one was hurt and he  has never been in trouble with the law since. However she's been informed that he wouldn't be permitted to enter the USA for a months' holiday (vacation) with a criminal record 

He's been informed if he doesn't declare it he could be sent straight back on the next plane out again..and if he does declare it he will be refused entry..

Does anyone know if this is true. ?


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## Ameriscot (May 3, 2015)

Per this site:  http://www.nacro.org.uk/resettlemen...ravelling-to-specific-countries,1640,NAP.html


[h=3]Travelling to, or via, the United States (US)[/h]If you are a UK citizen, you can travel to the US without a visa if you intend to stay for 90 days or less, but are required to apply for authorisation to travel under the Visa Waiver Program (VWP). You can apply for authorisation to travel to or transit the US by completing an Electronic System for Travel Authorization (ESTA) form.
There is a question on the ESTA form that asks:
Have you ever been arrested or convicted for an offence or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offences for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
Moral turpitude is a legal term in the US and involves offences relating to:


crimes against the person: such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping
crimes against property: such as arson, burglary, theft, robbery, fraud, receiving stolen property
crimes against government authority: such as benefit fraud, tax evasion, bribery, perjury.
Under US law, it is a criminal offence to lie in response to the above question. The US authorities expect you to answer yes to the question if:


you have been arrested or convicted of a crime of moral turpitude
you have been arrested or convicted of a crime relating to a controlled substance (i.e. drugs that are illegal to sell or use, unless they were prescribed)
you have been involved in drug trafficking
you have been convicted for two or more offences and the combined length of all your sentences amounts to five years or more of imprisonment (regardless of the time served).
*If you answer yes to this question, it doesn’t necessarily mean that you cannot travel to the US. It means that you are not eligible to travel under the VWP. Instead, you will need to apply for a visa through the US Embassy. As part of your application, you will need to apply for a police certificate.*
The US authorities do not have access to criminal record information held on the Police National Computer. This is why you are asked to declare your record and provide a copy of your police certificate for the visa application, if you are not eligible to travel under the VWP. However, if the authorities have particular concerns about an individual, they may request criminal record information from the Home Office by making an application throughInterpol. This rarely happens.


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## hollydolly (May 3, 2015)

Thanks for that Annie...it looks like he'll be ok to travel because his crime was not one of those listed ..but I'll pass that on to them..hopefully that means they can take the grandchildren after all...muchas gracias amiga..


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## Ameriscot (May 3, 2015)

De nada.  No, doesn't look like a problem.  My husband has to apply online for his visa waiver but I think it's very easy.  He doesn't even have to go in the foreigner's q at immigration.  He can go through with me on my US passport because we are a 'unit'.


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## hollydolly (May 3, 2015)

That's very handy for you


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## Ameriscot (May 3, 2015)

hollydolly said:


> That's very handy for you



Tis.  And when I come home I enter on my UK.


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## hollydolly (May 3, 2015)

Show off..


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## Ameriscot (May 3, 2015)

hollydolly said:


> Show off..



Aye!    When my trips don't include the US I travel only on my UK passport.


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## hollydolly (May 3, 2015)

I suppose that saves confusion because of your  hubs having a UK passport..


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## Ameriscot (May 3, 2015)

hollydolly said:


> I suppose that saves confusion because of your  hubs having a UK passport..



Just prefer using it and if we ever needed to go to an embassy because of some serious event we'd both go to the same one.


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## AZ Jim (May 3, 2015)

I don' need a passport or visa.  Just a rabies shot, a small fully equipped bar, two servants and HDTV.


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## Ameriscot (May 3, 2015)

AZ Jim said:


> I don' need a passport or visa.  Just a rabies shot, a small fully equipped bar, two servants and HDTV.



LOL, Jim.  And, BTW, I've had a series of 3 rabies vaccinations.  But not because I was rabid.


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