Restricted entry
Question
I have recently been convicted by a magistrate's court for housing benefit fraud. As it was my first offence and I pleaded guilty I was given a 12-month conditional discharge and had to pay costs of £50. Does having this on my record present any problems for me applying for a visa to visit the United States on holiday?
Answer
British citizens who travel to the United States for fewer than 90 days are not normally required to have a visa - as long as they have a machine-readable passport, the visa waiver scheme allows them entry. As of January 2009, all waiver scheme visitors must complete an ESTA (Electronic System for Travel Authorisation) not less than 72 hours before departure.
However, no one with a criminal conviction is eligible under the waiver scheme. In fact, the waiver scheme isn't even available to anyone who has been arrested.
In order to travel legally you'll need to apply for a visa, and possibly a special restricted visa. Applying for a visa will require you to schedule an appointment with a US consular officer at the US Embassy. Bear in mind that the process of applying for a visa can take a long time and should be started as early as possible before travelling.
If you attempted to travel without a visa US immigration would be within their rights to deny you access to the US and if this happened it would become very difficult to enter the US at any point in the future.
Updated: 13/10/2011
Question answered by CAB
