Dual passport, criminal record and US entry query.

[smoothassilk]

Hi there,

My friend is an Australian citizen and is also eligible to hold a British passport. He has relatively minor criminal record for shoplifting in NSW from around 7 years ago when he was 19. It was his first offence and he is unclear on whether or not he has a conviction recorded. But he plead guilty and was ordered to pay a small fine as punishment. He is planning on visiting the US in the next 2-3 years but he is worried that he might be denied entry via the visa waiver program.

Surely if he holds both an Australian and British passport he can opt to use the British passport when travelling to the US as he has no criminal history in the UK. Is this correct?

I don't get why celebrities with major criminal records are permitted to enter the US on arrival or with a visa.

My friend is also considering moving to Thailand, Dubai or Singapore for work one day. But he is concerned that he maybe denied a working visa with his minor record. He has been to the UK, parts of Europe and Thailand and never had an issue at passport control despite his record so I don't get why he would be worried.

Hope someone can help me out with my query. Happy new year!!

 

[thewinchester]

There's been discussion on this issue at length previously (search for ETSA, us visa, etc). Reviewing your scenario and from looking a the Visa Waiver Program rules, and particularly the guidance for UK residents on the US UK Embassy website, the country in which the offence took place does not matter.

So, with your scenario, regardless of which passport is used, he is ineligible to enter the US under under the VWP. Additionally, he could be committing a serious offence by making a false declaration and not declaring his criminal history.

Assuming your friend is still a resident of NSW, he would need to do the following to apply for a Category B2 visa to enter the USA:

1. Apply for a National Criminal History Record Check through Police NSW: Form - Information sheet
2. Apply for the Category B2 visa through the US Consulate-General in Sydney.

Seriously, better safe than sorry. Additionally, the certificate issued after applying for the National Criminal History Record Check will assist him with visa applications for any future countries he may wish to visit.

Hi there,

My friend is an Australian citizen and is also eligible to hold a British passport. He has relatively minor criminal record for shoplifting in NSW from around 7 years ago when he was 19. It was his first offence and he is unclear on whether or not he has a conviction recorded. But he plead guilty and was ordered to pay a small fine as punishment. He is planning on visiting the US in the next 2-3 years but he is worried that he might be denied entry via the visa waiver program.

Surely if he holds both an Australian and British passport he can opt to use the British passport when travelling to the US as he has no criminal history in the UK. Is this correct?

I don't get why celebrities with major criminal records are permitted to enter the US on arrival or with a visa.

My friend is also considering moving to Thailand, Dubai or Singapore for work one day. But he is concerned that he maybe denied a working visa with his minor record. He has been to the UK, parts of Europe and Thailand and never had an issue at passport control despite his record so I don't get why he would be worried.

Hope someone can help me out with my query. Happy new year!!

 

[Maca44]

There are many threads on this topic, and you could look at the following:
http://www.frequentflyer.com.au/com...stoms/visa-waiver-programme-newbie-20158.html

http://www.frequentflyer.com.au/com.../criminal-record-obtaining-us-visa-15468.html

http://www.frequentflyer.com.au/com...getting-into-19634.html?highlight=visa+waiver

http://www.frequentflyer.com.au/com...rogram-to-usa-6431.html?highlight=visa+waiver

The bottom line is; if you have been "ARRESTED" or charged with a criminal offence then you should apply for a visa, so the issue of whether the person in question received was fined, but with no conviction recorded has nothing to do with it. He/she has been arrested and therefore needs to apply.