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Travelling from the UK to the USA with a criminal record

I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.

Looks like its gonna just be a risk we take.
 
I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.

Looks like its gonna just be a risk we take.

Try asking on the forums at unlock.org.uk. It's a charity which deals with issues that reformed offenders face in every day life, including travel.
 
Thanks for the advice, I will have a look.

we are applying for her details from the police too, to see whats on file, I know they cant have details on everyone that goes through customs and after 10 years I am sure she shouldnt be flagged and she has a new UK passport with the chip and everything so they will have *some* of her details, just hoping that unless we share her convictions with them via visa application, they shouldnt have it to hand!
 
I did post up way way long time ago here about the ACPO step down limits- basically, everything except Life in Jail has a predetermind shelf life where it wont be shown to anyone except coppers for their own reference purposes and I think the enhanced check if relevant. maybe have a look for these limits and see where you stand. Re experiences- there plenty of andecdotal accounts on this thread over the years that seem to suggest they have no ability to check inless you are on some kind of distributed interpol hit list
 
I did post up way way long time ago here about the ACPO step down limits- basically, everything except Life in Jail has a predetermind shelf life where it wont be shown to anyone except coppers for their own reference purposes and I think the enhanced check if relevant. maybe have a look for these limits and see where you stand. Re experiences- there plenty of andecdotal accounts on this thread over the years that seem to suggest they have no ability to check inless you are on some kind of distributed interpol hit list

Yeah I saw the step down limits, To be honest I dont actually know what her conviction is classed as so I am waiting for the report to come back, I know what she did but she isnt sure on what it was actually put down as on her record.

I cant imagine her details being given to interpol, shes now a mother of 2, no trouble for 10 years, no drugs for 10 years and got her life in order so unless we submit a visa detailing her convictions I doubt they will have them, I think I am more concerned about how they would react if we do a waiver and they DO know.

a slap on the wrist and a flight home with a life ban is fine, Jail time is not! lol
 
Worth doing it to sample the business class then... lol

Cheers for all the help, Looking to go in Aug or Sept so i will update on what happens either after our holiday, after our time in bum fuck jail or after we are flown home!! lol
 
the US do not have open access to the PNC - they can however request info if they want to delve a bit deeper - this is the bit you referenced above.
 
Just wanted to share this that I found on another forum too


For the last and final time,

1. Those members that have claimed they know someone that was sent back from the states, have either said this to scare those of you who are naive or have been misinformed, you don't get sent back from the states straight away for entering on an esta if you have had a criminal record and have lied, committing visa fraud (when entering on an esta, and deliberately lying, this is visa Freud), you face prison time, and are detained. So the fact that all posts by people claiming to have known someone be 'just' removed from the states on the next flight back because they lied on a visa esta, I know through job experience, they are lying. They would only ever just send you on a plane back if they believe you to not be there for other reasons to that, that you claim, for example, you claim to be there for tourism, but you have no money, no luggage, no return flight and our story does not add up.

2. It's illegal to lie on an esta, you have to understand that ultimately although your original crime has you questioning whether or not to get a b1/b2 visa or lie on your esta, if you chose to lie on your esta, this is a crime in itself!

3. The U.S do not have access to the police national computer, there is no magic system that when they scan your prints, and little elf picks up on the fact your were arrested at woolworths for stealing from the pick and mix, or happy slapping some poor innocent person because you were 'drunk'. Your not that important, and there would not be enough man power to constantly be warning the states that joe bloggs who is going to florida for two weeks has a 6 year old record for being drunk and disorderly. The U.S and U.K share high profile crimes, I.E .. If Raoul Moat had been considered a flight risk back in 2010, he would have been made known to Interpol, and the U.S would have 'sent him back on the next plane back'.

4. If you have ever committed a crime in the U.S, this means, if you have ever been arrested in America, America! Not the U.K.. The U.S! This is made available to U.S boarder patrol and immigration as they have access to criminal record databases in the U.S

5. Fingerprint scanning is to sieve out those few who use fake or stolen passport, if you have your fingerprints scanned in the u.s and two years down the line your passport is used by someone else trying to gain entry to the u.s, the fingerprinting system will pick up on the fact someone else is using your passport

Lastly,

I'm not posting this to put your minds at ease, yes you can lie on your esta, and you will get away with it unless you act suspicious when at passport control. It's a no brainer if you act like you have something to hide, they will dig deeper.

You can post and try and justify that you were 19 when your crime took place and you think you don't deserve to be put through the stress of getting a visa to be knocked back, but by lying on your esta, you have technically committed another crime.

Lastly, and the part that I find in my line of work that upsets most people. If your ever wanted to work, or live in the states, previously lying on an esta would probably lead To you never being allowed to do either of these things.

If your going to lie, at least have all the facts, and truly know the consequences
 
we are going to fly from Dublin, we will be in Ireland anyway visiting the in laws, so we will leave the kids with the grandparents and try and fly from Dublin using the preclearance checks. That way if refused we havent flown 7 hours and stuck in the USA, we are only in Ireland!
If successful we fly back to Dublin and pick up the kids and spend a few days in Ireland too.
 
I knew a guy going in to the US from Germany, who was hauled into immigration for an altercation he'd had with his neighbours. He was allowed in.

But the German police had seen fit to report the incident onto some kind of data base, and it had shown up in the US. He was Iranian (German passport), so don't know if he was racially profiled.

I'd need nerves of steel to go though the border control processing if I had a criminal record, however minor. As I travel there quite a lot.

Anyone know the rules for Canada?
 
Hi

I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
Does the landing cards of these country have questions regarding criminal convictions.

I am planning on emigrating permanently to one of the countries. I did do the ESTA and had it approved though i anwsered no to the criminal question.

Thanks
 
Hi

I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
Does the landing cards of these country have questions regarding criminal convictions.

I am planning on emigrating permanently to one of the countries. I did do the ESTA and had it approved though i anwsered no to the criminal question.

Thanks

Have you tried reading the thread?
 
Hi

I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
Does the landing cards of these country have questions regarding criminal convictions.

I am planning on emigrating permanently to one of the countries. I did do the ESTA and had it approved though i anwsered no to the criminal question.

Thanks


Read the long bold post I posted about 3 up from yours.
 
Yes, I have noticed the same thing. Maybe having successfully been people don't want to draw any attention to themselves unnecessarily. Shame though because the sharing of actual practical experience would help provide considerable reassurance.
 
Hi

I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
Does the landing cards of these country have questions regarding criminal convictions.

I am planning on emigrating permanently to one of the countries. I did do the ESTA and had it approved though i anwsered no to the criminal question.

Thanks

You'd be lucky to get in to the Isle of Dogs with a record like, mate.
 
Do you have a serious conviction? (If I may ask...!)

Unless you've been done for murder, I wouldn't worry about it. I've got a conviction in the UK (as stated elsewhere on this thread) - and lived in the US for a while. I wouldn't qualify for a green card with it so I've never worried about lying on the ETSA
 
I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.

Looks like its gonna just be a risk we take.


Take it from someone who made the mistake of telling the USA about a minor offence do not do it.
Unless you are on a terrorist watch list or plan to emigrate to the USA, TELL THEM NOTHING the procedure for them to find out is very complicated and long and why would they try it is not a open system.
This cost me a lot of time and extra money to travel to the USA unfortunately i like the place, but i have told loads of people not to say anything and they can travel to the USA freely unlike ME.
They will not find out unless you tell them DO NOT DO IT.
I if i had my time over again would say nothing.
 
But you'd still do the minor offence and get busted for it? :cool:

Strange thing now is, for me if i had lied not not told the USA about my one and only crime because I no longer have a record for my minor offence it was more than 25years ago my record is clean.
I could have emigrated and they would still have been none the wiser.
I only have a record in a county I have done no wrong in. As for my Offence I have no guilt what so ever for my £60 fine given to me at magistrates court all those years ago, my only major regret is telling USA about it. Truth justice and the American way don't exist for me.
 
Hi Guys,

I have read through every post and thread here including the bold statement. Back in 2008 i stupidly and regrettably committed a domestic assault and received a small fine for my idiocy. I understand this doesn't come under the moral turpitude banner - murder, terrorism, drug trafficking...would an ESTA be my way forward as me and my fiance (she has a minor traffic offence which resulted a ticket/points on licence) plan to get married and honeymoon in Florida in 2016 for 2 weeks.

Only other issue we have is that we plan eventually to move there and she wishes to work there with the company she is now.

Any help is appreciated
 
Hi Guys,

I have read through every post and thread here including the bold statement. Back in 2008 i stupidly and regrettably committed a domestic assault and received a small fine for my idiocy. I understand this doesn't come under the moral turpitude banner - murder, terrorism, drug trafficking...would an ESTA be my way forward as me and my fiance (she has a minor traffic offence which resulted a ticket/points on licence) plan to get married and honeymoon in Florida in 2016 for 2 weeks.

Only other issue we have is that we plan eventually to move there and she wishes to work there with the company she is now.

Any help is appreciated

If you've read the thread you already know the answer to this question. However, I'll give you the benefit of the doubt.

You conviction does not come under moral turpitude, as you say. So you should be able to get into USA. However, there's no guarantee. But you're going to have to take the risk and declare it, and apply for a visa, otherwise, when you come to apply in a few years time to move there, you'll need to go through the proper visa process, which includes getting a cert signed from the police to say you've never been convicted of anything. If you lie on your ESTA, this discrepancy will show up and you'll have your visa rejected.

So now you have to find out whether spent convictions are shown on this cert you need for the visa process (I believe they ask for whichever disclosure system shows spent convictions, but I'm not 100% on that), and then calculate whether your conviction will be spent by the time you need to apply. If all of that goes in your favour, then you could lie and have an easy time. If any of that is not in your favour, then it's truth time and fingers crossed.
 
If you've read the thread you already know the answer to this question. However, I'll give you the benefit of the doubt.

You conviction does not come under moral turpitude, as you say. So you should be able to get into USA. However, there's no guarantee. But you're going to have to take the risk and declare it, and apply for a visa, otherwise, when you come to apply in a few years time to move there, you'll need to go through the proper visa process, which includes getting a cert signed from the police to say you've never been convicted of anything. If you lie on your ESTA, this discrepancy will show up and you'll have your visa rejected.

So now you have to find out whether spent convictions are shown on this cert you need for the visa process (I believe they ask for whichever disclosure system shows spent convictions, but I'm not 100% on that), and then calculate whether your conviction will be spent by the time you need to apply. If all of that goes in your favour, then you could lie and have an easy time. If any of that is not in your favour, then it's truth time and fingers crossed.


Thanks for the reply.

What do you mean by spent convictions and calculating if there spent by time of application?
 
Thanks for the reply.

What do you mean by spent convictions and calculating if there spent by time of application?
After so many years you no longer have to declare convictions in the UK.

I assumed you were British but looking back through your post there's some clues that you might not be?
 
After so many years you no longer have to declare convictions in the UK.

I assumed you were British but looking back through your post there's some clues that you might not be?


Thats right, i am from Scotland but unsure on spent convictions and timescales or even where to start looking. I do know i have to apply for a ACRO Police Certificate if i go down the visa route.
 
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