Travelling from the UK to the USA with a criminal record

[Fez909]

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.

Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.

Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.

 

[MTFAustin]

Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.

Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.

My fear is not getting my visa and therefore being declined and declined and declined. I just hope the Embassy is on my side as it doesn't come under moral turpitude, surely this would be in my favour?

 

[Fez909]

My fear is not getting my visa and therefore being declined and declined and declined. I just hope the Embassy is on my side as it doesn't come under moral turpitude, surely this would be in my favour?

No idea on that, sorry.

Good luck

 

[MTFAustin]

No idea on that, sorry.

Good luck

Thanks for your help. If it wasn't for the fact we could move there in the future i would probably go down the ESTA route but think in all honesty i should be honest and do the visa..it could turn out for the best.

Is it true that if its declined then your declined from the USA for good?

 

[uk benzo]

Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.

Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.

ACRO cert is like a basic CRB, only brings up unspent convictions if I am not mistaken.

 

[uk benzo]

Thanks for your help. If it wasn't for the fact we could move there in the future i would probably go down the ESTA route but think in all honesty i should be honest and do the visa..it could turn out for the best.

Is it true that if its declined then your declined from the USA for good?

Go the ESTA route, because the border control in the US will not check. Unless you have been flagged before boarding the flight which is unlikely as you do not sound like an unsavoury character, innit.

If you go to the embassy and declare all this stuff, you will end up probably having to delay your trip, pay bucks and most importantly, they'll have you on their computer so in the future when your conviction become spent, you will still probably get flagged at the US border, despite having gone the ESTA route.

 

[MTFAustin]

Does anyone know how far in advance i could go apply for my visa? We aint travelling till 2016 but kinda want it out the way and not left hanging around doing all the stuff in the year before(2015). Like could i do it this year and if accepted still be ok for 2016?

 

[Fez909]

ACRO cert is like a basic CRB, only brings up unspent convictions if I am not mistaken.

This isn't true. It's subject to the step-down model, which might mean anything from 5 years after your conviction becomes spent to never becoming subject to step down (ie always disclosed).

Here's the breakdown (pdf)of when each offence steps down.

 

[mrbluesky]

Hi all....I really need some advice. Me and my partner are keen to travel to New York this xmas. However in 2005 my partner was arrested (not convicted) for possession of a fire arm (he was innocent!). Im very worried about booking the holiday then applying for a visa and it comes back he cant go. Does anybody have any advice ? Do you think he will be granted a visa? thanks guys a very sressed lady :-?

 

[editor]

Hi all....I really need some advice. Me and my partner are keen to travel to New York this xmas. However in 2005 my partner was arrested (not convicted) for possession of a fire arm (he was innocent!). Im very worried about booking the holiday then applying for a visa and it comes back he cant go. Does anybody have any advice ? Do you think he will be granted a visa? thanks guys a very sressed lady :-?

If he wasn't convicted and has no record then there should be no problem.

 

[mrbluesky]

Thanks...does he need to declare anything on the ESTA form ?even though he wasnt convicted ? Im just really worried as Ive read horror stories.

 

[TruXta]

Don't declare anything but his pristine innocence.

 

[mrbluesky]

Hey thanks !! He is inncoent - just on the ESTA form it asks if you have been convicted or arrested (well he was arrested) plus its a firearm doe that count as 'moral turpitude'? do I risk ticking No ?

 

[trashpony]

Have you even read the thread? (although I know it's painfully long but that's because people ask the same question over and over again). If you say yes, he's been convicted, he will not be granted an ESTA. If you say no, he will. The US border agency has no access to the UK police computer system.

 

[Frumious B.]

There seem to be a fair few liars on this thread. But if people are genuinely concerned it's easy to establish through official sources that the US does not have access to the PNC. So for that reason I find Roger Rabbit's post credible http://www.urban75.net/forums/threa...a-criminal-record.88652/page-10#post-12217781

My own experience is that I lied on the tourist visa application form. (I wanted a tourist visa because I intended to be in the US for a year - I think the ESTA only allows a 90 day stay?) I lied about a caution, which to the Americans is equivalent to a conviction because it means you have admitted to a crime. Even after the caution is deemed spent in the UK and taken off your police file, the Americans still want to know about it...it's still a criminal conviction in their eyes, and it's never ever spent. Anyway, I got the visa, no problem.

Another black mark I have is an unpaid $50k bill from a California hospital. There have been zero repercussions - American immigration doesn't even ask about that sort of thing, so there's no need to lie. I was told by a solicitor friend to expect trouble because California signed some sort of treaty allowing them to pursue civil debts through the UK courts. But all I got was a letter from the hospital asking for the money (they got my address by photocopying my driving licence while I was unconscious). Then months later a letter from a US debt collector asking me for $5k. No explanation of why they were asking for so little. I ignored it, heard nothing since.

 

[JD1]

I applied for my ESTA a few months ago and was granted. About a month ago when I was in Germany I had too much to drink and ended up getting on a train without a ticket without thinking, as in the UK it is possible to purchase tickets on board. I was caught and taken off to speak to police officers, and was given a sheet saying suspected of what translates of 'Fraudulent acquisition of services', but the police officer said normally nothing would happen as I did not have the intention of not paying.

Will this show up as an arrest? And if it does, will it qualify under the petty offence exemption, meaning I can still travel with an ESTA? I looked up the offence and the maximum penalty is a year.

Would appreciate any advice/experiences people have had as my trip to the states is soon and I do not have time to apply for a visa.

 

[Reno]

I applied for my ESTA a few months ago and was granted. About a month ago when I was in Germany I had too much to drink and ended up getting on a train without a ticket without thinking, as in the UK it is possible to purchase tickets on board. I was caught and taken off to speak to police officers, and was given a sheet saying suspected of what translates of 'Fraudulent acquisition of services', but the police officer said normally nothing would happen as I did not have the intention of not paying.

Will this show up as an arrest? And if it does, will it qualify under the petty offence exemption, meaning I can still travel with an ESTA? I looked up the offence and the maximum penalty is a year.

Would appreciate any advice/experiences people have had as my trip to the states is soon and I do not have time to apply for a visa.

I'm sure it won't show up and that you will be fine. This type of thing is more of a slap on the wrist than a conviction.

 

[Darkman01]

I have just been denied a Visa today for entry to the united states for a week later this month. I have a conviction 4 years ago for benefit fraud (please dont judge me I was under immense financial stress at the time I commited it). I received a fine, nothing else (no community service etc), yet it was this that meant they would not allow me to travel.

Although my journey was a holiday to meet up with people I know in the entertainment industry I wanted to use the time to negotiate work later this year (for collaboration work I want to do in the UK with americans), I did not feel it was necessary to mention it as it was not a business trip as such.

I am however very disappointed that I was denied a visa, I have never broken the law previously or since my conviction and I feel it has been harsh. Are there other means by which I can travel to the US? Such as to get an american citizen in the entertainment industry to act as 'guarantor' (if indeed that is the right term) and to promise that I am travelling as courier for items (in this case DVD and CD) of a project for the entertainment industry?

I really feel I have been dealt a hard blow as I am not a danger to anyone and only have the one blemish on my character, to which I deeply regret and despite paying back all money in advance of my trial 4 years ago it has come back to haunt me.

Can anyone suggest another way or give advice?

Thanks

 

[Frumious B.]

How did they find out? Did you tell them?

Can't answer your question, I doubt anyone here can. This is one for an immigration lawyer.

 

[Fez909]

I have just been denied a Visa today for entry to the united states for a week later this month. I have a conviction 4 years ago for benefit fraud (please dont judge me I was under immense financial stress at the time I commited it). I received a fine, nothing else (no community service etc), yet it was this that meant they would not allow me to travel.

Although my journey was a holiday to meet up with people I know in the entertainment industry I wanted to use the time to negotiate work later this year (for collaboration work I want to do in the UK with americans), I did not feel it was necessary to mention it as it was not a business trip as such.

I am however very disappointed that I was denied a visa, I have never broken the law previously or since my conviction and I feel it has been harsh. Are there other means by which I can travel to the US? Such as to get an american citizen in the entertainment industry to act as 'guarantor' (if indeed that is the right term) and to promise that I am travelling as courier for items (in this case DVD and CD) of a project for the entertainment industry?

I really feel I have been dealt a hard blow as I am not a danger to anyone and only have the one blemish on my character, to which I deeply regret and despite paying back all money in advance of my trial 4 years ago it has come back to haunt me.

Can anyone suggest another way or give advice?

Thanks

Why didn't you just go down the Visa Waiver Programme (ESTA)? Presumably you had to provide a criminal record cert when you applied for your visa?

I think you might be out of luck.

 

[Darkman01]

Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.

 

[Fez909]

Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.

Your crime involved moral turpitude (dishonesty). It doesn't matter that you're not a threat; you're no longer trustworthy. Why should the US believe anything you tell them?

This is not my opinion, btw. I'm just stating the above to show you how they think/work.

Unfortunately, lying was your best option here, but now it is too late. I think you can re-apply 10 years after being denied a visa. The same outcome is likely in 2023, though.

Sorry that this isn't what you want to hear

 

[Darkman01]

That is so harsh, are there other visas that I might qualify for entry (see my original message above)?

 

[TruXta]

Talk to a lawyer for God's sake. We're not it.

 

[Mike n]

Right guys a little help if you can.....I have an assault charge which seen me imprisoned for two years? Anyone know if they will accept me in for a holiday?

 

[Hollis]

Not if you declare!

 

[Mike n]

Not if you declare!

Do you know this from experience from someone you know ??

 

[bi0boy]

Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.

If you want another chance to lie to them and hopefully get away with it, I'd suggest changing your name by deed poll, obtaining a new passport, and then leaving the "have you been known by any other names" bit blank on the visa application.

 

[Hollis]

If you read the thread that's the basic summary.

If you want more info look here.. http://www.unlock.org.uk/userfiles/file/IAG/travel/TravellingtotheUS.pdf

 

[angela2202]

Hi there so I'm guessing i know what you guys are going to say but I have a few things on my police check including driving with no insurance, driving without due care and attention and permitting no insurance all of which I got fines and points they range from 5 to 7 years ago.
I don't know if I should apply for a visa I know none of these are moral turpitude so wouldn't be lying on the visa waiver if I ticked no but I'm worried the offences will come up at immigration, I'm heading to Disney with the kids and really dont want to break their hearts if there are problems. We are travelling through Dublin so will they be more likely to find out my offences? Any advice greatly received!