Husband's parents visiting.

[Julie+Matt 84]

Hi, my husband moved here from England early last year on a k1. His parents reside in Scotland & would like to fly over here for a visit at the end of the summer. His mum said something to him about it today & there being new restrictions & they can't come over. I'm confused. When I went to visit him, all I needed was to book my flight & make sure I had my passport. Excuse my ignorance, but it's not that easy to visit the states? I thought the United Kingdom was part of the visa waiver program, though looking into that, I'm seeing something about applying for ESTA. Matt thinks she may have a "criminal background" (she used to be a biker back when she was young) but would a minor criminal history keep someone from coming to the states for a week? Are travel restrictions going to get that tight if we decide to visit them instead? I'd rather them come here so they can meet my parents. Are they going to have to apply for a visa?

Please advise. Thank you.

[yuna628 9,700]

Well, there are some new restrictions in place for the VWP: for instance, are the parents dual nationals or have traveled to the following countries since 2011:

Iran, Iraq, Syria, Sudan, Libya, Somalia, and Yemen.

Second: has she been convicted of a serious crime?

At any rate: ESTA is the pre background clearance check form that everyone must answer electronically (and pay a small fee) if they are from a VWP country. Answering yes to questions involving serious crime or regarding the new travel restrictions will mean, yes the person wouldn't be able to fly and would, in the case of the new country travel restrictions need to obtain a visiting visa.

The country specific restrictions were just put into place recently.

Edited February 27, 2016 by yuna628

[Boiler 45,966]

Nothing much has changed recently, well nothing that would impact a normal situation. She does not have any connections with ISIS I take it?

Criminal past may preclude ESTA, depends what it is. She might need a Visa with a waiver, VWP is for those who are clean.

[Julie+Matt 84]

Well, my husband says she was a "badass" back in the day. Got into fights for no reason...I dunno. She's such a sweet lady, it's hard to see her like that lol. If they don't pass for ESTA, is it more likely to get a visitors visa?

[Boiler 45,966]

If hse has minor convictions and has been rehabilitated then probably she could get a visa with a waiver, waivers seem to be taking 6 months or so.

Details matter.

[Julie+Matt 84]

My husband just looked this up...if someone is a "permanent resident" of a qualifying country, they don't qualify. However, they're English citizens living as permanent residents of Scotland. Would they not qualify? I'm getting myself confused...

[Boiler 45,966]

They are British Citizens living in the UK.

[JFH 12,191]

The only recent changes are that people who are dual citizens of a VWP country and Iran, Iraq, Syria or Sudan or people who have travelled to those 4 countries in the last 5 years cannot use the VWP and must apply for a visa to visit.

So unless there's something they're not telling you and they have either Iraqi, Iranian, Syrian or Sudanese passports that you didn't know about or they have been to one of those 4 places in the last 5 years, nothing's changed. The criminal record questions are the same as before. Have they used the VWP to visit the United States before?

[yuna628 9,700]

My husband just looked this up...if someone is a "permanent resident" of a qualifying country, they don't qualify. However, they're English citizens living as permanent residents of Scotland. Would they not qualify? I'm getting myself confused...

Confused too...

Scotland = part of the United Kingdom

United Kingdom = VWP

Just because they are English citizens and living in Scotland has no effect on this.

The only recent changes would be those regarding the middle eastern areas of concern.

I think your husband is going to have to talk to his mom more in depth and find out what she feels the problem will be.

[Julie+Matt 84]

Thanks. You guys are being helpful. She might have gotten herself confused (there was a rugby game today & she probably had a bit too much to drink). I asked him to message her but she hasn't responded yet.

[JFH 12,191]

I have to say it's quite possible she got confused.

There was a scare story in the Daily Mail (where else!) that "thousands of Brits are to be banned from travelling to America". Usual DM headline. In actual fact, it was concerning the fact that non-biometric passports are no longer accepted by CBP agents - passport must be biometric (have the chip in it) to enter. Since biometric passports have been standard issue in the UK since March 2006 and passports are valid 10 years 9 months (absolute maximum for a renewal with 9 or more months left on the old one), there are very few non-biometric passports still in circulation. And those that are in circulation are very close to expiration. Since you can "carry over" 9 months' validity from one passport to another, even if you still had a non-biometric and were to renew, you wouldn't lose any validity.

Of course, the DM made a huge deal of "British families" being "banned" from their dream holidays, etc and being "forced" to get new passports "just to suit the Americans". And the DM don't have to take the panic calls from passengers like my colleagues in reservations do. I hate headlines like that because of the job I do.

If you get your hands on a copy of the DM, it's good to play a little game with it. You get one point every time you see "British families", "forced", "foreignors", "immigrants", "benefits", "single parents", "taxpayers". You get the picture...