BRITS with alcohol or drug related offences from decades ago could still find themselves restricted from entering the US due to tougher new visa compliance rules.
And immigration lawyers have warned that even social media posts could cause problems.
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The visa rules include any offences – even if they did not lead to any cautions or criminal charges following an arrest.
Nita Upadhye, managing attorney at NNU Immigration in London, told the Financial Times that restrictions to enter the US were the worst she had seen in 15 years.
She claimed, according to data from US Customs and Border Protection, that people being refused entry to the country had increased by 108 per cent in 2018 compared to 2015.
Nita added: “We’re getting inquiries at a rate that we’ve not seen before.”
While laws have not changed, she explained that the rules have become much stricter with previous convictions being looked at much closer as well as further interrogation by border staff.
Earlier this month, it was also announced that visitors to the US would be forced to send over their social media details while applying for a visa.
Affecting approximately 15 million tourists a year, the new visa application procedure now requires the applicant to submit all social media account names that have been used within the last five years.
Charlotte Slocombe, a partner at immigration law firm Fragomen, added: “When you apply for a visa, the Department of State also googles you.
“[Anything suspicious] on your phone or laptop or social media immediately triggers more questioning, which can lead to admissions, which is the same as a conviction.”
What are the rules for getting a US visa with previous drug or alcohol offences?
According to the US embassy: “We do not recommend that travellers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record, certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Programme, attempt to travel visa free under the Visa Waiver Programme.”
The Visa Waiver programme allows Brits to travel to the US for 90 days without a visa, also known as an ESTA.
Instead, it is recommended to apply for a visitor visa, or a ‘B visa’, for either a Business (B1) or a Pleasure (B2) trip.
However this can still be declined: “In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States.”
Isabella Brazier-Jones, from the UK, found out the hard way about the strict new entry rules after admitting she took cocaine in 2017. After a text from a friend was found by border officials, she explained she had done it once before.
They then prevented Isabella from boarding and made her return to Britain – as well as banned her from the US for ten years.
A British man was also prevented from entering the country and banned for life after texts saying ” I am moving to be near you” were sent to his US girlfriend.
