Urban75 Home About Offline BrixtonBuzz Contact

Travelling from the UK to the USA with a criminal record

Hi, Just wondering about a person's chances of getting in to the US if they have ticked no on the waiver and its been accepted but prior to doing that phoned the embassy's information line (in panic!) and given their details but did not go ahead and make an appointment? Thanks
 
Forgot to say... when I say gave details I mean name, address, passport number, but not exact details of crime (where and when and what). BTW it was a minor class B conviction which resulted in a fine eons ago! Thanks
 
I've known someone refused because of a 25 year old class-b. Even though he had been to and from the US quite a few times and even held a green card in the intervening years.

Four days in detention then turfed out but he has been let back-in since. Seems to be a total lottery.
 
Hubby has a " conviction " put on a crb 20 yrs + ago but not on police databases after giving evidence in a case of armed robbery to protect him from gang ( YES YOUNG AND STUPID but didnt tke part just knew about it ...) ..does this mean he ticks no convictions we asked solicitor his reply was " AMERICA HAS NO ACCESS TO UK PNC RECORDS OR CRB CHECKS UNDER NO TREATY ARE UK RECORDS RELEASED UNLESS AN APPLICATION THROUGH INTERPOL IS REQUESTED THEN ONLY UNDER CIRCUMSTANCES OF PROVEN CAUSE FOR TERRORISM ARE THEY RELEASED JUST TICK NO AND GO " HOPE THIS HELPS...
 
I am stunned that anyone ever believes the US has access to UK PNC records tbh.

This thread will run and run but this time we have proper legal advice to quote :D
 
Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here.

I have travelled to Florida twice in the past 2 years. last year was me my wife and little girl. this year with the addition of my youngest son whos 19. Last year I filled in the ESTA form online and after answering about 6 questions no, no,no,no, just whipped through them all.

I 100% genuinley forgot about the criminal record bit as I was last in trouble maybe 20 years ago, Im now 51. So last year I flew into USA not even giving it a second thought, as far as I was concerened I was 100% legit, all the ESTA's bounced back "accepted " immediately when I filled them in online, we sailed through immigration, I gave them my fingerprint and had my photo took, no problem straight through.

SO!! this year we went back and decided to take my youngest son whos 19. He lives in S Wales we live in the North Of England. he mentioned about the Moral Turpitude question on the Esta application and said he was worried about his conviction (will explain later), and I swear!!! it was only at that point I read the esta apllication properly and my heart sank. He wouldnt be able to go. And I had allready paid for the full monty for the four of us.

Right!! his conviction, he was taken to court last year for selling fake/counterfeit CDs on ebay, I will not make groveling apologies for his behaviour or condone it, he bought about 60 from a boot sale over a space of 2 years, actually thinking they were all real, long story short , he had been buying fakes, clearout for new flat screen, sold to wrong punter, complaint, reported, raid, all his PC, computer, PS3, mobile phone, confiscated, court, first time offence, pleaded guilty, grovelling apology. didnt get a solicitor, as thought small fine/smacked legs. £4,000 fine plus costs, and labeled with 6 counts of FRAUD. unfuckingbelievable.

Now after spending 7k on a nice holiday I wanted some assurances that he was going to get in. went and spent best part of £400 with a solicitor to investigate what they could look into upon our arrival at immigration, I had spent 2 weeks trawling every website possible including USA's homeland security, immigration, I read every page of this thread, and a zillion others, Anyway. the USA DO NOT HOLD INFORMATION OF OUR CRIMINAL RECORDS, AND NEITHER DO ANYONE ELSE. This is a cast iron guranteed fact.

They can request information from our records. at the disrection of the issuing authority back here in the UK. meaning if you were stopped for carrying something you shouldnt, you were stopped for a driving violation, or arrested for any sort of disorder, drunkenness. THEN AND ONLY THEN could they request any further information about you. They take every fingerprint and photo of everyone entering the USA for THIER RECORDS ONLY, it is simply for immigration control only and will show all your movements in and out of the USA, overstayers, regular travellers atc.
So with this new info I filled his esta application in, and clicked the button, in a nano second it went "application accepted" and off we went.

This time I was shitting myself as I was worried about my own record from 20 years ago, but kept telling myself all would be ok as we had been there the year before, again we flew through immigration and have now been home a week, where I promised myself I would write a long boring explanation/post. about this whole situation, as I was really worried about it before I travelled.

I also had the cheek because thats what I am like, to quiz the immigration officials on the way back when we were leaving, about how good was thier system of detecting "people from the UK who had told little porkies on thier Esta applications" I even teased him with "I know people who have done it and come here" his reply!! " as long as they are not drug barons, murderers or terrorists, WE CANT REALLY CHECK".

He also added that the Esta is mainly to deter the undesirables from coming and getting people to openly admit and make seperate applications through thier embassy. which is another tale completly, and should you go down that route you will have no chance at all, and once refused you will allways be refused. The only time they will approve through that route is if its through a company that will have business links with the USA, or be of benefit financially, security or politicly to the USA.

Sorry the post is so long but after shitting myself for weeks after I paid my dollars out. I made sure I got to the bottom of it and post it up for the real people who were in the same situation. I think there is a lot of shite posted on this thread by scaremongers who have never even been.
 
Thanks dirtyleeds, you have confirmed as fact something that some of us have been saying for years, Baisvally keep ya gob shut, tick no, and they wont find out. apply for a visa and be honest and ya fucked!
 
Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here....

Dirtyleeds,
can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).
 
Dirtyleeds,
can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).
They don't check your fingerprints when you apply for an ESTA :confused:
 
Dirtyleeds,
can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).

Just fucking go and keep ya mouth shut! they will not be able to trace you from your fingerprints.
 
confirmed as fact something that some of us have been saying for years, Baisvally keep ya gob shut, tick no, and they wont find out. apply for a visa and be honest and ya fucked!

Er... not what anyone's been saying - not anyone who understands relative risk, anyway.

Keep your gob shut and they may not find out...
 
I am stunned that anyone ever believes the US has access to UK PNC records tbh.

This thread will run and run but this time we have proper legal advice to quote :D

I guess its the fear factor of getting there and being thrown back home or worse detained.
Even if you reasonably think they would no have access, it would still bloody play on your mind enough to check it out.
 
Right!! his conviction, he was taken to court last year for selling fake/counterfeit CDs on ebay, I will not make groveling apologies for his behaviour or condone it, he bought about 60 from a boot sale over a space of 2 years, actually thinking they were all real, long story short , he had been buying fakes, clearout for new flat screen, sold to wrong punter, complaint, reported, raid, all his PC, computer, PS3, mobile phone, confiscated, court, first time offence, pleaded guilty, grovelling apology. didnt get a solicitor, as thought small fine/smacked legs. £4,000 fine plus costs, and labeled with 6 counts of FRAUD. unfuckingbelievable.

WTF ??? :eek:

I'm having real trouble believing this tbh. I know a few people that have sold counterfeit stuff on ebay (including CD's and DVD's at times) for YEARS. When caught or reported, they simply get their account suspended until they pass a test on what things they're allowed to list or not. After a certain amount of times the account gets permanently shut down. They can still open a new one with different name, address, and bank cards etc. Never any Police action. :hmm:

Even if true, then why the fuck did he not even speak to a duty solicitor, and why plead guilty ? mental
 
I think he means when you enter US and they take fingerprints!
I guess its the fear factor of getting there and being thrown back home or worse detained.
Even if you reasonably think they would no have access, it would still bloody play on your mind enough to check it out.

But all anyone can ever offer is anecdotal evidence. If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go :D
 
But all anyone can ever offer is anecdotal evidence. If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go :D

Well yes, totally :D
 
i was looking at the esta form online as i might be going to the us for work, and i might bend the truth, however question 3 is genius :

3. Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with Nazi Germany or its allies?

im goinna have to answer yes :D

( sorry if thats been posted before :) )
 
i was looking at the esta form online as i might be going to the us for work, and i might bend the truth, however question 3 is genius :

3. Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with Nazi Germany or its allies?

thats me fucked then
 
Risks I was prepared to take. I lived there for two years and have been back countless times before and since <shrug>

I owned a car and rented an apartment and had medical treatment several times.

Depends how badly you want to go I suppose

Hey Trashy

Great advice - deserve a medal for 7 years service. But a question ... how did you manage to stay for 2 years or live there for any period? I thought you get in with either 3 or 6 months stamp. You re-entered over and over, or got an extension?

Y'see it's very true that the powers that be can't tell if you have some minor conviction unless you tell them. But the problem then is if you ever want to stay for any longer period of time (ie. live or work there temporarily or even permanently) they will then want to see your ACPO certificate and discover you have been entering illegally. Of course the thing then is if it shows "no trace" or "no live trace" would they even know then if you just denied having a record. I guess its very hard for UK people to get these work or even temporary residence visas with any kind of record anyway so maybe going the visitor route is the best way anyway.

Just wanted to bring that up, as its usually why people do go for the visas.

Cyril
 
It was a very long time ago - I had a one year visa which I extended. This was before Estas so it's only relevant inasmuch as US immigration not having access to UK records.

Obviously if you have a criminal record, trying to live there is a whole different ball game but I don't think that's what this thread has ever been about
 
I am presuming it would be a very different story if someone has a criminal record in the US. I have a client who is a UK citizen but has lived in the US from the age of 4 until he was deported when he 35. He never went for US citizenship. He now wants to see his mother, who lives in the US, and may not have much longer to live. Finding my way through the bureaucracy here is proving to be rather difficult.
 
If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go :D

I've also been to The US several times and just lied with no comeback,not going again cause the fuckers are not taking my fingerprints.Immigration can't access PNC but other security services can,I can't remember the full story but someone associated with Indymedia I think got pulled in Chicago and actually saw them access all his UK records,DVLA,credit card records,criminal records the lot.Even the French immigration can access the DVLA computers as I found out when I lost my passport,they just asked did I have a drivers licence (I was in a van so I would have thought it would be a given I'd have one,I didn't mention it was only a provisional one of course) I said yes but didn't have it on me they went straight to the computer checked my details and said drive on the ferry they'll sort it out in Dover.
 
Planning on going on a family holiday to the USA in a couple of years time, some people in the party have been convicted in court, one got an 18-month jail sentence to do with a car crash, so this is a very interesting thread. Must say, I incline to Trashpony's view of just saying nowt. I would like to hear more from people who applied for visas and having had criminal records and whether they got them. What I do know for a fact though, is that the footballer Joey Barton who had served a jail term for assault was refused a visa to go on a USA tour with his club (Newcastle Utd at the time) but then subsequently went on a holiday to the USA. This from a well-known newspaper's website:
The United States is not prepared to grant Joey Barton a visa for Newcastle Utd's forthcoming tour but Alan Pardew's faith in the club's sometimes troubled talent is such that he has handed the midfielder the captain's armband for Friday's friendly at Darlington.
Barton, along with his team-mate Nile Ranger, misses Newcastle's pre-season visit to the US after being refused a visa. Although Ranger, a striker, is close to being sold to a Championship club, both players are scheduled instead to join Peter Beardsley's reserve squad for a trip to the Netherlands next week.
Barton's application was turned down due to his having served a prison sentence for assault and affray in 2008, while Ranger's rejection was the result of his having served time in a young offenders institution at the age of 15 after taking part in a street robbery.
Ironically Barton travelled to the US as recently as last month when he enjoyed a holiday in Los Angeles along with his team-mate Danny Simpson. However, the stipulations for granting leisure- and work-related visas in the US vary considerably. Newcastle declined to comment on the apparent anomaly, saying that Barton's holiday was "not a club issue.

So make of that what you like.
 
Back
Top Bottom