Thousands are uncertain whether minor or lapsed convictions could be held against them and face a costly visit to the American Embassy in London to lodge a visa application.

Dundee East MP Iain Luke said Scots who have been arrested or charged with any offence, as minor as littering or failing to wear a seatbelt, will have to apply for a visa — even if they were not convicted.

The US Embassy in London said eight conditions must be met to avoid having to apply for a visa, among which is the stipulation of “never having been arrested or convicted for any offence or crime.”

It would appear that would include everything bar a parking fine.

A spokeswoman said each visa application would be judged on a “case-by-case basis.”

Mr Luke has been inundated with calls from constituents wanting to know if getting a speeding ticket, or failing to wear a seatbelt, falls into the category of “criminal record”.

He will be contacting the US Embassy in London to seek clarification although he was unable to reach them yesterday as the office was being bombarded by calls about visas.

“I tried to get clarification through the embassy yesterday but it was so busy.

“The problem is specifically over motoring offences because the Americans do not recognise the British rehabilitation of offenders,” he said.“There’s an uncertainty about the nature of the offences.

“It’s always been a condition of the visa waiver scheme, and I’ve discussed this with the American Embassy, that if you were charged or arrested for any offence, even if you weren’t convicted, you have to apply for a visa and the only exception is for some motoring offences.

“Now, I’ve had people contact me about speeding and seatbelt offences, but as far as I’m aware the only exemption is for minor motoring and I’m led to believe from my discussions, is to do with parking offences. But I’ll be seeking clarification.

“People who have been charged with speeding and fined, I would think, would have to apply for a visa.”

Mr Luke also expressed his anger at indications from the American Embassy in London that the US has struck a secret deal with the Home Office allowing them access to criminal records.

“Do they have access to British criminal records? I think they must,” said Mr Luke.

Mr Luke is attempting to speak to Homeland Security Secretary Tom Ridge to get the issue “ironed out”.

The Dundee East MP has also asked the US Embassy in London to cut the cost of applying for a visa by allowing interviews with consular officials to take place in Edinburgh.

The cost of a visa is £65.

New passport rules mean every Scot requiring a visa will have to travel to the London embassy for interview and there is likely to be a big rise in the number of Britons who will not be able to travel to America without a visa.

At present the mandatory face-to-face interviews can only take place at either the US Embassy in London or the consulate in Belfast.

“I haven’t had a reply to my letter from the ambassador but I do know that many people in Parliament are trying, and the SNP as well, so I hope we can put some pressure on them,” he said.

However, he conceded that the “initial reaction was negative.”

Mr Luke said he had acted in the light of the expected hefty increase in Scottish travellers applying for visas to allow secure entry to the US.

Mr Luke is no stranger to dealing with US immigration laws. He has taken up the case of a Dundee woman deported last year following a previous accidental over-stay of her tourist visa and now fears she may not be allowed back to see her family for 10 years.

A spokeswoman for the US Embassy in London said, “If you have been arrested for anything you need to apply for a visa but for motoring offences such as parking, you wouldn’t have to.

“Every case will be judged individually.”