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We are intending to visit New york next year for a wedding (4 days) and then on to Mexico for a holiday but my husband has a small conviction from 20yrs ago and I have a couple of speeding tickets and I have been arrested (but not charged) about 30yrs ago. Has anyone not declared minor convictions and been stopped from entering the USA?

Havent got a problem paying for a visa etc just the thought of having to go all the way down to the Embassy in London thats putting us off, any suggestions


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dont need to go to embassy, you do it on line now for USA. I think minor convictions drop off in 11 years, but all offences are kept on PNC for ever.

speeding tickets dont count, nor cautions.

You may need something for Mexico as well? not sure about that.

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You will need to check with the Embassy on the conviction,

but I caanot see that a 20 year old minor offence will cause

any problems.


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Everybody from countries that are part of the 'Visa Waiver Program' still has to complete an application on the Electronic System for Travel Authorization, up to 2 years ahead of travel (it can be updated but only on the same passport number), at https://esta.cbp.dhs.gov/ and pay a processing fee ($14 I think). If you cannot truthfully answer 'no' to the following question (as well as the others), you probably need to apply for a visa:

 

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

 

This definitely doesn't include speeding tickets so you're fine there. As for the arrest and the conviction, they were a long time ago but it depends whether the (alleged) offence involved 'conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general.' So if the arrest or conviction were for something outrageous (hopefully not! - Google 'moral turpitude' but it includes fraud, deliberate theft, forgery, burglary, malicious damage etc) then you might have a problem, but if something minor like drunk & disorderly, breach of the peace, dog fouling etc then probably not.

 

In any case, unless you need to renew your passports first, the way to find out is to apply for your ESTA well in advance, answering the questions truthfully, and if you do find you need a visa then there is plenty of time. Frankly unless your OH went away for something serious, and similarly regarding your arrest, it's so long ago that it seems unlikely they'd say no.

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i went on holiday six months ago to las vegas

 

i will say that i have a few minor convictions when i came out of the army (adjusment problem)

nothing for violence or drugs (conditional discharge)

 

i was told that i did not have to put this on the visa waiver or ESTA form due to the rehabilitation of offenders act. and that there were no further scrapes with the law for a period of 10 years

 

when i arrived at immigration, i had my photo and fingerprints taken which is routine now for anyone entering the USA, asked why i was comming to the states and how much funds i had, then i was waived through with the comment "enjoy your vacation"

 

might be only custodial sentances that cause a problem, i certainly had no problems entering the USA

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