Travelling from the UK to the USA with a criminal record

[1%er]

I can't imagine the ESTA would be valid, so you run the risk of being turned away at the border. Of course none of us know how joined up their system is, so there's a chance you might be OK, but that's a big risk. Up to you if you can afford the loss/disappointment.

The ESTA only gives authorization to travel and not authorization to enter. You can receive a reply with-in 5 minutes of paying on line (last time I used it, it took 14 minutes).

The ESTA system makes very few checks as far as I understand. Iirc, it checks booking details and the passport number against a list of people who have been refused an entry visa, deported, arrested/convicted etc. but only on American system.

The USA (at this level) does not have access to the UK police computer. If you are asked at immigration if you have ever been arrested or convicted and you reply no, that's it, they have no way of checking at that point (that doesn't mean they don't know about a conviction via another means).

 

[Fez909]

The ESTA only gives authorization to travel and not authorization to enter. You can receive a reply with-in 5 minutes of paying on line (last time I used it, it took 14 minutes).

The ESTA system makes very few checks as far as I understand. Iirc, it checks booking details and the passport number against a list of people who have been refused an entry visa, deported, arrested/convicted etc. but only on American system.

The USA (at this level) does not have access to the UK police computer. If you are asked at immigration if you have ever been arrested or convicted and you reply no, that's it, they have no way of checking at that point (that doesn't mean they don't know about your conviction via another means).

But this poster has been denied a visa so that's almost certainly going to be on the computers at their end, I would have thought. That's what I meant by how joined up their system is.

 

[1%er]

But this poster has been denied a visa so that's almost certainly going to be on the computers at their end, I would have thought. That's what I meant by how joined up their system is.

Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.

Edit to add, it is more likely that you will be refused boarding as I believe the carrier would be advised of the situation re the passengers visa, they may and do miss it as I know to my cost (well my cost was in time the airlines cost was $350).

 

[Ghall01]

Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.

So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?

 

[Fez909]

Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.

We need to write this info up because there's a general understanding of what happens, but it's spread out among many posts and posters, and each new person who finds this thread doesn't read it all (understandable with its length) and we end up repeating everything.

 

[Fez909]

So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?

The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.

 

[Ghall01]

The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.

I have been told that you can still apply for an esta even if you have been declined a visa?

 

[1%er]

So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?

The ESTA is only authorization to travel and not authorization to enter. You should always apply for a visa now before travel if you have been refused in the past.

 

[Ghall01]

The ESTA is only authorization to travel and not authorization to enter. You should always apply for a visa now before travel if you have been refused in the past.

Do they likely let you in if you leave it a while?

 

[1%er]

The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.

I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.

 

[1%er]

Do they likely let you in if you leave it a while?

Sorry but I can't remember, have you been refused a visa and if so why?

 

[Fez909]

I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.

It's not picky. If I'm saying factually incorrect stuff - especially on an important thread like this - then I am happy to be corrected!

 

[1%er]

It's not picky. If I'm saying factually incorrect stuff - especially on an important thread like this - then I am happy to be corrected!

I travel to the USA often (bloody kids want to go shopping ) and the system changes every time. Since the TSA have been the front line at most airports travel has become much harder.

 

[1%er]

Do they likely let you in if you leave it a while?

It depends on the circumstances, if you are caught in the USA as an over stayer or working illegally I think it is ten years until you can reapply once you have been deported, for other things is can be less.

 

[Ghall01]

Sorry but I can't remember, have you been refused a visa and if so why?

Yes my partner was refused a visa due to a drug crime- it was very very minor nothing serious at all

 

[Ghall01]

It depends on the circumstances, if you are caught in the USA as an over stayer or working illegally I think it is ten years until you can reapply once you have been deported, for other things is can be less.

It is just due to an arrest a few years back now? Which has been denied entry at the embassy :-(

 

[1%er]

It is just due to an arrest a few years back now? Which has been denied entry at the embassy :-(

If it was for an arrest and not a subsequent conviction I think I would apply in 2 or 3 years. If its really important for them to travel you could always write and ask them to look at it again, or ask your MP to write a letter of support.

 

[Ghall01]

If it was for an arrest and not a subsequent conviction I think I would apply in 2 or 3 years. If its really important for them to travel you could always write and ask them to look at it again, or ask your MP to write a letter of support.

Thank you! I'm hoping we will get in at some point in our lives!! :-(

 

[1%er]

Thank you! I'm hoping we will get in at some point in our lives!! :-(

Its not that great

 

[Michou]

Hi all
I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.

 

[pseudonarcissus]

Thank you! I'm hoping we will get in at some point in our lives!! :-(

go to Toronto for a holiday and cross a land border.....it's a risk...but the consequences are much less if you just need to turn the rental car around and go to see the other side of the Niagra Falls. It always amazed me crossing in a car in Tijuana, how easy it was; the border agents saw it was a British passport in my hand and waved me through.
As stated above, a visa refusal means you are unlikely to get the ESTA, and without that you won't get on the flight. Even with a visa, entry is at the discretion of the border agent. Any anomaly and you are probably going to get "secondary processing" at the airport which can be stressful and time consuming. I once had a problem when I had a green card and had a grilling for 2 hours at 5:30 in the morning.

 

[TruXta]

Hi all
I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.

You're much better off speaking to a specialist lawyer than us.

 

[Michou]

You're much better off speaking to a specialist lawyer than us.

Where can I find a specialists lawer?

 

[TruXta]

Where can I find a specialists lawer?

Google US immigration lawyer in London or similar?

 

[1%er]

Hi all
I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.

I'm not sure why you would need a lawyer at this stage

You have very recently been granted a spouse visa, so your "arrest" wasn't a problem then I guess (I say arrest as you said you haven't been charged or been locked up). If you expect your UK passport to arrive in good time I would advise you travel on that (you will not need to provide any bank statements) you can travel on just an ESTA and be granted a visa on arrival.

 

[Manter]

This thread is bizarre.

Newbie pops up and asks if they can go to the US with a criminal record, before justifying why the crime wasn't serious/was a long time ago/only happened once/was all a big misunderstanding. When the basics of the US visa system are explained to them, they argue.

And repeat.

 

[Onket]

This thread is bizarre.

Newbie pops up and asks if they can go to the US with a criminal record, before justifying why the crime wasn't serious/was a long time ago/only happened once/was all a big misunderstanding. When the basics of the US visa system are explained to them, they argue.

And repeat.

it's a wonderful thread.

It must be the top google answer or something.

 

[Michou]

I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.

 

[Michou]

I'm not sure why you would need a lawyer at this stage

You have very recently been granted a spouse visa, so your "arrest" wasn't a problem then I guess (I say arrest as you said you haven't been charged or been locked up). If you expect your UK passport to arrive in good time I would advise you travel on that (you will not need to provide any bank statements) you can travel on just an ESTA and be granted a visa on arrival.

Hi. I still have two years before I can apply for my British passport. What I was trying to ask is if I am most likely to be refused the USA visa then I might as well leave it till I get my passport even tho my hubby and I wanted to go there in January. And yes when I was granted with my spouse visa, I mention in my application that I had a criminal record so they took that into consideration et they still granted me the visa.
Is there anyone whith a criminal record that has been granted a visa to the USA?

 

[Hollis]

Is there anyone whith a criminal record that has been granted a visa to the USA?

Well John Lennon got in.