Hi all,

2004, I received a community service order for a criminal offence, at the time of issue, I had a pre booked holiday to the USA.

Following my punishment, I applied and attended the US Embassy in London and was granted a 10 year visa.

Last time I visited the US was 2010 when my visa was still active, I've renewed my passport since then, so, do I have to reapply for another visa?

I'd like to revisit the US, however, given how strict immigration are on arrival, would I need to reapply for another visa, or would I be OK on my current one?

From previous experience, it's time consuming and expensive applying for a visa to the US, if I have to go through this process again, so be it, just curious whether I have to reapply for another visa.

If you were granted a 10 year visa in 2004, it is no longer valid.

As you have had a criminal conviction, you can no longer rely on a visa waiver.

The only way to be sure of entry is to apply for a visa.

If you try to use the visa waiver programme to enter without a visa you risk being refused entry.

Bazza,

TY for your advice, you've reiterated what I initially thought.

One thing has been bugging me on this. A community punishment order will have become spent under the rehabilitation of offenders act

So technically he can put no as to any previous convictions being that conviction is spent under UK Law

Not saying this is correct but an interesting question as the yanks do not have access to the CRB in the UK to confirm any previous convictions

One thing has been bugging me on this. A community punishment order will have become spent under the rehabilitation of offenders act

 

So technically he can put no as to any previous convictions being that conviction is spent under UK Law

 

Not saying this is correct but an interesting question as the yanks do not have access to the CRB in the UK to confirm any previous convictions

America do not have a rehabilitation of offenders act, Convictions never become spent as far as they are concened

They have their "moral turpitude"

https://en.wikipedia.org/wiki/Moral_turpitude

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

apply for the waiver if you want. The USA screening process only checks major crimes. Although since you applied for a visa previously, it will be on record. It would be a very good idea to check with the embassy though. You may be granted the visa without the embassy, get on the plane, travel to the USA

America do not have a rehabilitation of offenders act, Convictions never become spent as far as they are concened

 

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

Correct. Rehab of Offenders applies to how employers in the UK can act, not how the individual can act towards governments outside the UK.

Also, what of an eDBS : in some situations ‘spent’ doesn’t apply in the UK.

apply for the waiver if you want. The USA screening process only checks major crimes. Although since you applied for a visa previously, it will be on record. It would be a very good idea to check with the embassy though. You may be granted the visa without the embassy, get on the plane, travel to the USA

 

Travel under the VWP and the entry clearance officer can refuse you, for whatever reason, no appeal.

What if their system has recorded “visa granted after declaring minor conviction”, and then the OP tries to use the VWP......

Entry officer refuses entry not due to a minor past indiscretion but the current more major issue of making a false declaration (that they have no convictions). No appeal, next flight home.

 

If the OP gets a visa having declared the past conviction, why would the entry officer say ‘No’?. Even if they did (& they still get ‘final say’ at point of entry), it isn’t absolutely “final”......

If it did happen, the refused then has right of appeal to an immigration judge, which they don’t have if they don’t have a visa.

I was talking about visa waiver. The officer does have the final say.

With a full visa the embassy overrules the officer

With a full visa the embassy overrules the officer

It doesn’t. The officer at the border has the final say AT THAT TIME.

The embassy doesn’t overrule the officer, who can refuse on a number of grounds, one of which is if they decide the visa was applied for using false or inaccurate information.

However, because this then constitutes cancelling of the visa at the border there is the right of appeal to an immigration court.

If travelling on a tourist visa the border officer can refuse entry without cancelling the visa (again the embassy doesn’t overrule the officer!).

This could occur, for example, if the border officer decided the visitor had inadequate funds to be visiting as a genuine tourist (so that the low level of funds indicated the visitor intended or would have to work in the USA, work not being permitted on a tourist visa).

Since the embassy doesn’t make any assessment of the funding AT TIME OF ENTRY, how can they overrule the border officer on that day?

same as the UK you can be refused at port of entry by the officer concerned, all documents tell you that on applications from overseas/

An officer on the border can cancel a visa.

That's y your served with notice of consideration tocancel visa if your in that situation