Homeland Security Question - visitor from the UK with old felony conviction.?

Question

Hello - I have a British friend who had was was convicted of a felony (drug-related) almost 20 years ago. He was living in the USA legally at the time but left shortly after. He wants to go to the USA again on vacation but is worried about all of the new restrictions related to HS. He has paid his debt to society and has not been in any trouble since then. As he has a UK passport, he doesn't need a visa, but will he have trouble getting into the USA. He wasn't deported as far as I know, but how would that factor in also? Thanks - and please, if you don't actually know the answer, please don't chime in with opinion - please post those elsewhere.

Answer 1

Surely, if this man was living legally in the US then he must have had a  "green card".  The green card is (normally) for life and with it he doesn't need a visa. If he served time in a US jail though his green card would have been revoked and for a new visa, he would have to declare the conviction for the drug offence. It should't stop him from getting the visa though if it is 20 years ago and he has kept a clean record since then. Lets face it Half the British government have taken some form of illegal substance, and Dubbya still invites them to visit. Tell him to give the consulate a ring. Those people are really quite friendly although it takes a long time to get anyone to answer - they are SO busy. I wouldn't advise him to just go without finding out the present law. That would be a waste of time and money.

Answer 2

If he has a felony conviction, he will not be allowed into the US without a visa. Even though we have a visa waiver program with the UK, once you have some sort of record like that, they require you to get a tourist visa. If he really has paid his debt and has straightened up, he should get a visa to come here.

Do NOT advise him to try and come here without a visa. He will probably be turned around and sent back home. Tell him to apply for a tourist visa.

Answer 3

Your friend should apply for a B1/B2 visa at the US Embassy London.  Depending on the circumstances, he may qualify for a waiver, and would then be eligible.

See the following official site for details:

http://www.usembassy.org.uk/cons_new/vis...