Is a Visa required for 3 month holiday in USA? Would criminal convictions affect it?

Durag

Hi,

I am currently in the process of finalizing my work visa for Canada but i was thinking of maybe taking a long (3 month) holiday in the USA before i go to Canada for work, or maybe after my 2 year work visa is over.

Do i need a holiday visa for this?

Unfortunately to complicate matters i was convicted of a few criminal offences a few years ago (all over 5 years) for drunk & disorderly, threatening & abusive behaviour, theft & fraud (it was stupid i know but i was young and regret it) so i know i would get refused a work visa, the USA would have been choice, but will i have to declare all this when just going for a holiday?

I know a visa is needed for anything over 3 months or 90 days.

Thanks in advance

TravelTales

Normally when travelling to the United States citizens of Ireland must fill in an ESTA electronic system for travel authorisation form online. This form does ask if you have any criminal convictions. However, see below, if travelling by land from Canada, you don't need an ESTA but you will probably have to fill in a paper card with the same questions. See more details on the link below. It may be in your best interest to contact the US embassy in Ireland or Canada and ask what the situation would be. If your convictions did not result in a prison sentence you may still be allowed to travel without a visa. If the convictions did or would warrant a prison sentence then you will have to apply for a Visa and there is a cost of a couple of hundred Euros involved.

TravelTales.

You can seem ore on CBP Gov website.

I am a citizen of a Visa Waiver Programme country and am visiting the U.S. from Canada or Mexico?

If you are coming by land, you do not need to have ESTA authorization, however, you should return your green I-94W card upon departure. If you are arriving by air or sea, you do need to apply for ESTA. You should return your green I-94W to the airline representative prior to boarding your flight.

Durag

Thanks for your quick reply.

No, none of my convictions resulted in a prison sentence, all were pretty minor and are all over 5 years old.

So is the visa requirements JUST if you have criminal convictions? i.e. will they look at your form and if there are no convictions, let you in without a visa, but if they see convictions, let you in but you are required to get a visa?

If you plan on staying a bit over the 90 days i assume a holiday visa is required regardless?

silja

It is very difficult for someone from a visa waiver country to get a holiday visa, so unless you really truly need it, I'd recommend restricting yourself to the 90 days (to be save, plan on leaving on day 88, just in case of delays).

The ESTA lasts 2 years if approved, so considering your convitions, I'd recommend applying for it now, and see if you get it. If you do, greta, you are all set. If not, you have time to get a police cert and apply for a tourist visa. Considering no prison time and how long ago the convictions were, I think there is a reasonable chance you can use ESTA.

Durag

Great, thanks for your help