Fez909
toilet expert
Confused here. You mention you got a visa with a criminal record then ask if there is anyone who has got a visa with a criminal record. You know the answer!
Travelling from the UK to the USA with a criminal record
- Thread starter slish66
- Start date
Confused here. You mention you got a visa with a criminal record then ask if there is anyone who has got a visa with a criminal record. You know the answer!
keybored
Well done. You remember cat good.
She has a spouse visa after moving here from Camaroon and marrying a Brit. She wants to know if she'll get a visa to travel from here to the states. I think.
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1%er
Well-Known Member
If you apply for a visa and tell them you have a criminal record* there is a good chance you will be refused. People who don't have any criminal record but have been arrested are ofter refused.
I know a number of people who have received a visa and who have a criminal record. It is case by case and depends on many things.
*I am assuming you were cautioned for shoplifting 8 years ago.
Don't tell them, how are they going to find out?
Fez909
toilet expert
Right. Confusing situation that one. I wouldn't know where to begin to advise.
Good luck Michou!
keybored
Well done. You remember cat good.
They got round to him in the end though.
1%er
Well-Known Member
Well I fucked this post up it is meant to be an edit to my above post 
Michou, if they did find out, it isn't the end of the world as you will soon have a UK passport and as you are married you may even have a new name so you can reapply as a "new person" and in a couple of years your "caution" will be spent* and removed from UK police records.
If your conviction is "spent" you do not have to mention it on your visa application
Michou, if they did find out, it isn't the end of the world as you will soon have a UK passport and as you are married you may even have a new name so you can reapply as a "new person" and in a couple of years your "caution" will be spent* and removed from UK police records.
If your conviction is "spent" you do not have to mention it on your visa application
Fez909
toilet expert
This isn't true. The US don't regard any convictions as spent, no matter what the UK ROA says.
1%er
Well-Known Member
It doesn't matter what the USA say this person is a British citizen
Edit to add, if you mean for the visa, I have already said, don't mention it on the visa form
keybored
Well done. You remember cat good.
Sorry, but convictions are never "spent" for these purposes.
1%er
Well-Known Member
see above.
I see, yes that does look wrong
Fez909
toilet expert
It does matter, because if you look at the requirements for a US visa, it's not the same as a CRB check. It's a print out from the police which shows up any convictions you have, including spent ones. Unless you're talking just a travel visa, in which case it doesn't matter if they're spent or not. You just don't declare them.
keybored
Well done. You remember cat good.
1%er
Well-Known Member
Yes I understand I didn't word it very well.
let me make it clear NEVER admit to any arrest or conviction when applying for a visa to the USA (spent or otherwise), they do not have access to the UK criminal records. They do have other ways of keeping data on conviction so they may find out, but it is unlikely.
The person I am answering will have a new passport (from a new country) and may also have a change of name via marriage, it would be almost imposable for the US to find out about a caution 8 years ago under a different name
keybored
Well done. You remember cat good.
When you say "visa", do you mean "ESTA"?
1%er
Well-Known Member
Both, the person I am answering is at the moment on a Cameroonian passport for the next two years. the ESta will only apply when they get their UK passport
Fez909
toilet expert
I think he means tourist visa. All the advice on this thread is about tourist visas, really.
If it's a working or residential visa, you're not getting in due to the print out thing they need I mentioned above.
keybored
Well done. You remember cat good.
That's what I've been led to believe, and I've looked into it a lot.
ESTA - They can't/won't check because the US border control people don't have access to our databases
Visa - If you lie, you will probably get found out. The embassy here can and will check
I'm not sure what you mean by tourist visa, I assume ESTA?
Edit: Ah, I get it now. As it applies to someone from a country that isn't part of the ESTA scheme.
Fez909
toilet expert
No, by tourist visa I mean one that lets you visit the US but not live or work there. I believe working visas are different, and then you have residential ones to live there ("Greencard"?).
You can get into US on the tourist visa as long as you don't own up to it, but the other two types require embassy visits and proof of criminal history (or lack of).
1%er
Well-Known Member
I got as pm for someone who seem shy.
They asked, where else can the USA get information on convictions
There are many companies out there that collect data from newspapers; local and national, public court documents etc. I think most people would be shocked if they knew about the market in personal information for sale.
They asked, where else can the USA get information on convictions
There are many companies out there that collect data from newspapers; local and national, public court documents etc. I think most people would be shocked if they knew about the market in personal information for sale.
1%er
Well-Known Member
The ESTA is only permission to travel for people from countries with a visa waver, it does not mean they can enter the USA. The may or may not be given a visa at the point of entry.
keybored
Well done. You remember cat good.
Yeah, I know. I was just confused as to why the term "tourist visa" was being used at all, till I realised it was for someone from elsewhere.
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keybored
Well done. You remember cat good.
Visa waiver is pay every two years, isn't it?The visa waver isn't really that good. If you travel under an ESTA you are more than likely to be given a 3 month visa, but most of the Brazilians I translate for when they go for a US visa get 10 years.
Visa waver pay every time non visa waver pay once for 10 years
1%er
Well-Known Member
The ESTA is valid in most cases that is two years. The visa stamp is 3 months in most cases with a ESTA
keybored
Well done. You remember cat good.
Yes, but you can travel as many times within that two years (and within the confines of "90 days max with a reasonable time between visits") as you like, and the last time you can depart up to the day of expiry and still stay for 90 days. You don't need to pay the $14 each time you travel.
1%er
Well-Known Member
I see what you mean. (I was kind of thinking about 10 years)
Have you been to the USA while the TSA have been up front?
keybored
Well done. You remember cat good.
Nah, I got an ESTA approved in January but had to cancel my flight last minute because of work stuff. Planning to go early next year instead. I'm assuming I'll be fingerprinted, photographed and yelled at.
keybored
Well done. You remember cat good.
That would tie-in with the general consensus that if you lie on an ESTA, you'll probably still get in. But if you ever want a visa after that has happened, they'll find out you lied on your ESTA and you'll never get in again.
1%er
Well-Known Member
The TSA are humorless. Most of them are people who could not get into the police and the Fed Gov employed anyone in the TSA after 9/11. Power hungry wankers.
Yes you will be finger printed, last time I went it was just finger but I have given they all in the past.
I know a number of people who have been banned from applying for 10 years (all Brazilians and deported for working illegally / over staying).
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