If you have been arrested for theft, do you need a visa to travel to the usa? Anyone know the process?
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If you have been arrested for theft, do you need a visa to travel to the usa? Anyone know the process? The person in question is 15 soon to be 16 (Arrested but not convicted, but did have to pay a fine) and from what ive read calling the us embassy will only get you one answer. which will be YES YOU DO, no matter what. Even though when people have got over there the officers have laughed at the reasons some of us brits have Visas for. Only Sensible answers please. Thanks.
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Answer:
First, you need a visa to enter USA. Second, if you have been charged with a serious arrestable offence and waiting trial, you will not be issued with a visa until your case is completed. Third, if you have been convicted of a serious arrestable offence, they will not grant you a visa if you declare the conviction, If you don't declare, and they do a check, the have the right to refuse you entry, and turn you round on the aircraft you arrived on.
missydee... at Yahoo! Answers Visit the source
Other answers
You were not clear about: 1 what country your friend is in now 2-In what country did he commit the crime. Anyways, the Immigration law (INA) in the USA states that a person is not admitted into the US if s/he commits an aggravated felony or 2 crimes involving moral turpitude. A theft crime in INA is an aggravated felony for Immigration purposes if the sentence imposed was 365 days or more... so in other words if your friend was convicted of theft and the sentence "reads" 365 days or less and there was no weapon involved in the crime then it would don't affect his immigration status. But if your friend is not in the USA and the crime s/he was committed outside the US and s/he wants to come visit the USA I would suggest the s/he don’t say anything about to the US embassy where s/he applies for visitor’s visa.
handouz
Re the previous answer - us Brits dont need an actual visa, we can just fill an an immigration card en route in the plane. Additionally as the person is only 15 I presume the incident would have been dealt with by a juvenile court - thats if it even got to a court. I do not think the american authorities are gonna do searches on minors, plus I am pretty sure that due to their age these files would be sealed to outside agencies.
JohnnyOneLung
If he/she paid a fine then they were convicted - presumably they admitted the offence and decided to pay a fine rather than go for a court trial. I guess you probably do have to jump through the hoops that the US put in place - it would be a shame to arrive at the US airport and for them to find they could not enter the country
lukee
u have not given the most important information in your question. what is the nationality of the boy u are talking about ????
delta
No! but I would still get a pardon, because you did say that they paid a fine. and if they needed to do that then they did find them guilty so it probably went on their record!
☆єllє Hoovєя☆®
Jeez, everyone thinks you need a visa. UK citizens can travel to the US under the visa waiver programme. On the form you need to complete (on the aircraft), is a question asking if you have ever been committed of an offence. If you tick 'yes', then you will probably spend the next 5 years in Guantanamo Bay. Try googling 'US Embassy London', and then look at the immigration and visa section. There will be contact details.... so don't ask us, as most of us don't know the answer. Also, may be worth trying the British Airways or American Airlines website as I think one of them has a screen shot of the immigration form you would need to complete on the aircraft. I'm sure it says 'convicted' as opposed to 'arrested'. Based on what you say, I think you would be OK, as you are innocent until convicted. Good luck
townchap38
Not sure they'll let you in at all if you've got a criminal record
Blondie Bear
The concept of the arrestable offence was abolished on 1 January 2006 by the Serious Organised Crime and Police Act 2005. These offences are now referred to as “indictable” The distinction between ‘arrestable’ and ‘serious arrestable’ offences has been abolished, and the power of arrest now applies to all offences, however minor. The US Embassy site states, “Travellers who have been arrested, even if the arrest did not result in a criminal conviction, and those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), are required to apply for visas. If they attempt to travel without a visa, they may be refused entry into the United States" (the site does not seem to differentiate between adults/Juveniles)
sad_dixie
The answer yes you do is the correct one. The Immigration Officers decision is final and if your friend arrives trying to use a visa waiver he may well be refused entry and turned back-Is it worth ruining your holiday for?
Albert the frog
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