Hi Worried mum. Was your son arrested, cautioned, charged or convicted? US immigration law states if you have ever been arrested you need to apply for a visa. However the US has no access to UK criminal records, therefore if you don't tell them they won't know.

See this website london.usembassy.gov/vwp3.html, specifically

"Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program"

If he was given probation he must have been convicted. Any drug related conviction is seen by the US as being very serious and is usually a bar to entry. It is your choice as to whether you tell them or not! But they have no way of finding out about the conviction unless you tell them. Unless of course your son is wanted by Interpol!

I went through the B1/B2 tourist visa process very recently and I was successful. I also have an ABH conviction which is more recent (2009). I was issued a visa for one year. The process takes a few weeks and costs around £150. You will also have to be interviewed at the US embassy in London which will take a day (mostly waiting).

Just a quick update. I have been to the US (and back!) and I was asked at immigration why I had a visa. I said as I have a criminal record in the UK and he thanked me for my honesty and said have a nice trip.

Hi TriNeet,

Visas with a record are certainly possible. Just be honest with the US authorities and you should be fine.

I think she will be ok as she can afford a good lawyer and also her ABH conviction resulted in a community penalty. Although, from what I understand, she was found guilty at trial and therefore didn't accept responsibility for her actions which may be frowned upon.

I went to the states unaware of the rules in 1998 ticked yes to having a record and was turned back. I now have to visit the embassy to get a visa at a cost but have been to the states 15 times now. Two of the visits I worked for 10 week peroids so tell the truth tick yes. Pre 911 I had a visa for a 5 year peroid with as many visits as I wanted but not now its a 6 month visa with 1 visit so telling me when to travel.

Hello,

First up, this is a great website, so well done to everyone who runs it. I am very confused about the issue of entry to the US for the following reasons:

1) I understand that the test of whether someone is eligible or not to enter is in fact the ESTA form. There, it asks if you have ever been involved in a crime of moral torptitude or a controlled substance. I have a summary ABH conviction (June 2010) for which I received a community order, and can therefore answer "no" and will receive confirmation that I can travel on the VWP. I understand that by doing this, I will also have to fill out a form on the plane that asks the same question, again for which I can answer "no". Anecdotal evidence from a number of people who have been to the US seems to back this up as a legitimate route to entry.

2) However, the advice from the US embassy website seems to contradict this, by stating that anyone with any arrest whatsoever must apply for a visa. Now I'd rather not do this due to cost, hassle, and also that having a visa does not guarantee entry (for example, Pete Doherty was given a visa and was barred from US entry).

Therefore, whos advice do I follow? The Homelands Security, which seems to suggest I can fill in the ESTA form, which will in effect give me permission to travel on the VWP, or the US embassy in London?

The background to this is that I would very much like to travel to Las Vegas with my wife!

I have always felt that they have broken the UN Human rights law by doing this.

I stupidly downloaded Child porn pics and was convicted of those crimes and I doubt I will every get back to the states but Im reformed and feel after a certain amount of time you should be re assessed and if they look at your police record and it is 10,20,30 years etc from when you committed the crime I think you should be given the right to be able to travel on the VWP once again and not having to spend an extra £140 each time you go on holiday.

Do you think you could launch against them via the UN regarding the human rights?

CentralMan

In the most part I agree that the US don't routinely have access to the UK PNC and wont know about UK criminal records.

Having been to the US a number times since conviction, that's evident. What is also evident however is that after my last trip, I received an email from ESTA stating that my ESTA had been revoked with no explanation other than to apply for a visa at the Embassy. Having done this, I was refused. They had a comprehensive set of information regarding my conviction in front of them. When I say comprehensive, I mean they knew every single detail about it!

So the bottom line is, if you're travelling there infrequently for a holiday for example and choose not to declare, then chances are you'll be OK. If, like me, you travel there frequently for whatever reason then you will probably be caught out in the end.