Travelling from the UK to the USA with a criminal record

[keybored]

Here's how the shut-down affects the Department of Homeland Security...

Airport screeners at the Transportation Security Administration will not be affected.

but...

The Department of Homeland Security will not accept or investigate civil liberties complaints and will not provide civil liberties training to state, local and federal officials.

 

[1%er]

I don't like the USA, I have to go to conferences sometimes and now my kids have realized they can get their stuff in the USA much cheaper than here I take them once a year for that. The grandchildren have started talking about Disney world & Universal

 

[trashpony]

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.

Well, yes. But if you tell the truth, you won't get in anyway so at least lying on your ESTA means you can go on holiday there if you want to.

 

[Onket]

I don't like the USA, I have to go to conferences sometimes and now my kids have realized they can get their stuff in the USA much cheaper than here I take them once a year for that. The grandchildren have started talking about Disney world & Universal

You go once a year?! Where from?

 

[1%er]

You go once a year?! Where from?

Usually from Brazil, anything here that is imported has a massive import tax. iirc last time we went we saved 3 times the flight cost on just a couple of computers and phones. It sounds expensive but the last couple of year the US dollar has been very low against the B$ and also there are great deals on flights.

 

[scottishbhoy]

There are issues here, there are exceptions to being denied a visa. I got this from an immigration law firm.

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

This article will describe only the most common grounds of ineligibility under section 212(a) of the INA. It does not enumerate all grounds of ineligibility set forth in the law.

1. Health-Related Grounds:
   
   Among those persons excludable for health reasons are

1. Aliens afflicted with a communicable disease of public health significance;
2. Aliens who are determined to have a physical or mental disorder and behaviour associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, as well as those aliens who have had such a disorder and associated behaviour which behaviour is likely to recur or lead to other harmful behaviour; and
3. Drug abusers and addicts.

1. Criminal and Related Grounds:
   
   Excludable on criminal and related grounds are the following:

1. Aliens convicted of, and those who admit having committed either
   1. A crime involving moral turpitude (or an attempt or conspiracy to commit such a crime), or
   2. A violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance.
      For information on the meaning of “moral turpitude” please see our website article A Crime Involving Moral Turpitude! What in the World is That?
      
      Exceptions: an alien will not be ineligible for a visa if the alien committed only one crime involving moral turpitude and if
      1. the crime was committed when the alien was under the age of 18 and the crime was committed (and the alien was released from any confinement imposed for the crime) more than 5 years before the date of application for a visa or admission to the U.S., or
      2. the maximum penalty possible for the crime did not exceed imprisonment for 1 year, and if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months.

 

[scottishbhoy]

Not sure if driving offences count as being criminal. I too have driving convictions from over 20 years ago, 1. driving without a valid licence and 2. driving without insurance. £250.00 fine and disqualified for 18 months. I also have a benefit fraud of knowingly failing to inform of a change in circumstances to the sum of £700 which I was asked to pay back and did before my court date. At court I was fined £125, that too is almost 20 years ago. I have heard that you can't be denied a visa if you only have 1 moral turpitude conviction and the maximum sentence for the crime was 1 year and you were given 6 months. I have never been in prison, so won't declare.

 

[scottishbhoy]

I've read this from the first post to the last post about 3 times now and then checked out a few other things. I notice that driving convictions for driving without a licence and driving without insurance aren't even mentioned on the police crime list.

 

[scottishbhoy]

Now the question I want to know is this; what information shows up on a police certificate. I have had 3 enhanced disclosure Scotland checks done over the past few years and all three have came back with nothing. I am a PCV driver and had to have the enhanced disclosure because I drive children and vulnerable people around. So I thought my previous would have been mentioned on that.

 

[Ghall01]

How do you do this?? You fly to Toronto?

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.

 

[keybored]

There are issues here, there are exceptions to being denied a visa. I got this from an immigration law firm.

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

This article will describe only the most common grounds of ineligibility under section 212(a) of the INA. It does not enumerate all grounds of ineligibility set forth in the law.

1. Health-Related Grounds:
   
   Among those persons excludable for health reasons are

1. Aliens afflicted with a communicable disease of public health significance;
2. Aliens who are determined to have a physical or mental disorder and behaviour associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, as well as those aliens who have had such a disorder and associated behaviour which behaviour is likely to recur or lead to other harmful behaviour; and
3. Drug abusers and addicts.

1. Criminal and Related Grounds:
   
   Excludable on criminal and related grounds are the following:

1. Aliens convicted of, and those who admit having committed either
   1. A crime involving moral turpitude (or an attempt or conspiracy to commit such a crime), or
   2. A violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance.
      For information on the meaning of “moral turpitude” please see our website article A Crime Involving Moral Turpitude! What in the World is That?
      
      Exceptions: an alien will not be ineligible for a visa if the alien committed only one crime involving moral turpitude and if
      1. the crime was committed when the alien was under the age of 18 and the crime was committed (and the alien was released from any confinement imposed for the crime) more than 5 years before the date of application for a visa or admission to the U.S., or
      2. the maximum penalty possible for the crime did not exceed imprisonment for 1 year, and if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months.

Interestingly, one of the possible waivers is having been done with not more than 30 grams of hash. More than 30 grams, ever, and you're not getting a visa.

 

[Dean hodkin]

.

 

[Ani2810]

My partner and I were hoping to visit New York in December for a bit of pre-Christmas shopping. Over 30 years ago my partner was a bit of a "bad boy" and was arrested and convicted for robbery. He has not been in trouble since and has been a law abiding citizen and now works as a London Taxi Driver (governed by the London Metropolitan Police - who are aware of his previous conviction). I have just re-applied for my ESTA ( I travelled to Boston on business a few years ago) with no problem. I then put my partners details in and his application was denied almost immediately. He really has not been in trouble since he was a silly teenager (he is almost 50 now) and we would love to go to New York. Is there any other way? Any help or advice would be gratefully received.

 

[editor]

My partner and I were hoping to visit New York in December for a bit of pre-Christmas shopping. Over 30 years ago my partner was a bit of a "bad boy" and was arrested and convicted for robbery. He has not been in trouble since and has been a law abiding citizen and now works as a London Taxi Driver (governed by the London Metropolitan Police - who are aware of his previous conviction). I have just re-applied for my ESTA ( I travelled to Boston on business a few years ago) with no problem. I then put my partners details in and his application was denied almost immediately. He really has not been in trouble since he was a silly teenager (he is almost 50 now) and we would love to go to New York. Is there any other way? Any help or advice would be gratefully received.

Bloody hell, that seems a bit harsh. There surely must be some sort of appeals process?

 

[TruXta]

Bloody hell, that seems a bit harsh. There surely must be some sort of appeals process?

Not for ESTA I think. You can always apply for a non-immigrant visa through the embassy.

 

[keybored]

[post removed]

 

[keybored]

Is there any other way?

What TruXta said.

If you discover that you are not eligible to come to the U.S. under the visa waiver program, because of a CIMT (such as fraud, or possession of narcotics) or other reason, your only option is to apply for a visa. At that time your previous actions, along with your current situation will be assessed, and the embassy may determine that you are now eligible to come to the U.S. on a visitor or other type of visa.

https://help.cbp.gov/app/answers/detail/a_id/1088/~/i-made-a-mistake-on-my-esta-application

 

[Bahnhof Strasse]

Ani2810, apply for a visa, or go to Montreal instead.

 

[james smith]

Hi people, new here and have one for you all.

I was in las vegas earlier on in the year and was taken by the hotel security and handcuffed for drug use (or so they thought) I had nothing on me and it was a guy who i was talking to who did have them on him. Anyway i was cuffed as i would not co operate with the hotel security and was taken to a back room. The police were called and they interviewed me, searched, took photo of ID etc but was not arrested as far as i know (was very very drunk and can only remember bits of it). the other guy was also brought into the room and he was arrested for possession. He was a USA citizen and i am UK. Anyway i was banned from the MGM resorts and escorted off the premises.

I take it this will not cause any problems for me entering the USA again or would this still show up???

 

[TruXta]

Hi people, new here and have one for you all.

I was in las vegas earlier on in the year and was taken by the hotel security and handcuffed for drug use (or so they thought) I had nothing on me and it was a guy who i was talking to who did have them on him. Anyway i was cuffed as i would not co operate with the hotel security and was taken to a back room. The police were called and they interviewed me, searched, took photo of ID etc but was not arrested as far as i know (was very very drunk and can only remember bits of it). the other guy was also brought into the room and he was arrested for possession. He was a USA citizen and i am UK. Anyway i was banned from the MGM resorts and escorted off the premises.

I take it this will not cause any problems for me entering the USA again or would this still show up???

You could always get in touch with the PD in question and ask if they have a record of your arrest. If they did arrest you there could be issues.

 

[james smith]

Surely if i would have been arrested i would have been taken to the station or something??

 

[ddraig]

why would it show up if you were not arrested?
have you read the thread?

seriously, trashy and the site should get a commission from people joining up just for this thread

 

[TruXta]

Surely if i would have been arrested i would have been taken to the station or something??

Not necessarily - I THINK. But as I said, either try and get in touch with the local PD or failing that talk to a solicitor here in the UK to get some advice that is not coming from non-expert strangers on a message board.

 

[james smith]

Obviously i am asking because i am not 100% sure what the outcome would be from that night.....

 

[ddraig]

and who here do you think can be 100% sure?

 

[TruXta]

Obviously i am asking because i am not 100% sure what the outcome would be from that night.....

The thing is - you can have been arrested but not convicted and so still fall foul of the question regarding moral turpitude on the visa waiver form.

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

 

[Fez909]

Technically you were arrested as arrested means deprived of your liberty for the investigation of a crime. But as to whether that arrest is recorded is a whole different matter.

Speak to the police in LV and see if it was recorded. If it turns out that it was recorded, then you'll have to apply for a visa. I'd be surprised if a case of wrongful arrest meant you didn't get into the country. But you have no other option at that stage, anyway.

Good luck.

 

[TruXta]

Technically you were arrested as arrested means deprived of your liberty for the investigation of a crime. But as to whether that arrest is recorded is a whole different matter.

Speak to the police in LV and see if it was recorded. If it turns out that it was recorded, then you'll have to apply for a visa. I'd be surprised if a case of wrongful arrest meant you didn't get into the country. But you have no other option at that stage, anyway.

Good luck.

Nah, there's a difference IIRC between detention(?) and arrest. If you walk free and are not taken into custody you have not been arrested, I THINK.

 

[TruXta]

In either case if the poster in question was arrested, he should also have been booked. And this should be on the records.

 

[Fez909]

Nah, there's a difference IIRC between detention(?) and arrest. If you walk free and are not taken into custody you have not been arrested, I THINK.

I don't think there is a difference between those two, but again, I'm not 100% either.

An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.

The test used to determine whether an arrest took place in a particular case is objective, and it turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go.

My bold. He was handcuffed and therefore was arrested, by the above definition (from legal-dictionary.com - no idea of its trustworthiness).

In either case if the poster in question was arrested, he should also have been booked. And this should be on the records.

No, "booking" is like being charged in the UK. You can be arrested without being charged, just as presumably you can be arrested without being booked?

He really needs to speak to the police