Travelling from the UK to the USA with a criminal record

[Gooner24]

what answer do you want that hasn't been given Gooner24 ?

"yes yes it will all be fine, sure they know you are a good boy now"
then blame some people on the internet if you get caught out?

No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type

 

[TruXta]

No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type

Well, given that people are still asking the same questions and no significant changes in travellers' experiences have been reported I don't think there's any reason to think that background checks are very different from a few years back.

 

[ddraig]

No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type

if you were not so dumb then you'd notice that there are recent very similar questions by other dumbasses and the answer is the same
there is no nicey nice safe way for you to enter the US
so less of the 'don't try and be a smartarse next time' next time

 

[Onket]

Calm down the pair of you FFS.

 

[moody]

best way to get into the states is across the us/mexican border.

 

[Kukuxa]

Hello everyone!!

First of all, I know...I know...this thread is so long and you're tired of people asking the same things all the time but I feel that I'm panicking so just wanted to ask about my situation.

I'm from a country of Europe but this past summer I get caught of a very minor shoplifting, arrested and given a simple caution. I'm now in my country and I'm planning to go to the USA this summer with a visa J-1. It's a similar process to the ESTA, you're also asked about the arrested fact but you also have a small interview with someone of the USA embassy of your coutry.

I'm very anxious and in the middle of my exams now so please....could anyone tell me what's the best thing to do? Tick yes or no? Will someone find out?


Thank you very very much.

 

[TruXta]

Impossible to say. Where are you from?

 

[Kukuxa]

Sorry, I didn't mention it. I was in the UK when that happened, but I'm from Spain and here is where I'll be taking the flight from. Thanks so much.

 

[twentythreedom]

As always, deny everything

 

[gary stevens]

Okay, I have read this topic start to finish..here is my take on things...I am due to go to Florida in August with my family to get married, have been looking at everyones comments throughout the topic and started to worry as I have a conviction for GBH under section 20 without intent from 2000.
So did some research.
Firstly moral turptitude:
Go here to the US department of state website for a full explanation on definitions of different crimes and whether they come under moral turpitude, for my example:
Exception to clause one- being a crime of moral turpitude;
Clause (i)(I) shall not apply to an alien who committed
only one crime if-
The crime was committed when the alien was under
18 years of age, and the crime was committed (and
the alien released from any confinement to a prison
or correctional institution imposed for the crime) U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21(a) Regs/Statutes Page 2 of 8
more than 5 years before the date of application for
a visa or other documentation and the date of
application for admission to the United States, or
(II) The maximum penalty possible for the crime of
which the alien was convicted (or which the alien
admits having committed or of which the acts that
the alien admits having committed constituted the
essential elements) did not exceed imprisonment for
one 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 (regardless of
the extent to which the sentence was ultimately
executed). "THE ONLY CRIME I HAVE COMMITED"
and all I received was a fine and community service.
From everything I have read my crime does not come under moral turitude according to the US and even if it did it is exempt as it was only one crime.

The question on esta does not ask have you ever been arrested, but have you ever been arrested for a crime involving moral turpitude. I believe I have not therefore answered NO on the esta.
I would suggest if you are not sure do some research and then if you feel you have not...answer no on the form.

 

[ddraig]

a sensible noob post!!
welcome

 

[Manter]

I'm still not sure why so many miscreants are so determined to go to the US

 

[Onket]

a sensible noob post!!
welcome

And ddraig being a knob, again!

 

[ddraig]

how's that then boss?

 

[Onket]

Apologies, was being a bit harsh.

Just think it's a bit off to act surprised that someone new is speaking sense.

 

[gary stevens]

a sensible noob post!!
welcome

Why Ty very much...lol

 

[bp90]

Hi guys,

I'm hoping you can help me and answer some of my questions...

After reading chunks of this thread I know this is about people who are hoping to travel to the US on holiday, which is different to my situation but you guys seem pretty knowledgeable and I didn't know where else to go. In the Summer I'm hoping to go out to the US to do some football coaching for a well established coaching company. I've been to the recruitment day and was successful and now I need to apply for a J-1 visa.

My worry is that when I was 14 (I'm now 23) I got into a fight outside school and ended up getting a reprimand from the police. I spoke to somebody at the company I intend to work for and he advised I get an ACPO form to see what came up. It came back saying 'No Live Trace' meaning my reprimand is spent but still exists on some system. After speaking to the guy again he said it was good news and that I should go to the J-1 visa meeting at the US embassy and tick the boxes on the forms saying I've no previous convictions etc etc and it should be fine (although he couldn't guarantee anything).

Obviously I'm worried I might get rejected. What do you guys think? What do and can the embassy check?

Thanks a lot for any help!

Just to add - since getting into that scrape at 14 I've never been in any trouble and am a qualified teacher and have worked with kids for over 6 years.

 

[Manter]

I doubt it'll show up. Tick the boxes and don't worry about it

 

[bp90]

Cheers for the response Manter!

Heard about anything similar and it being okay? Just trying to put my mind at ease I guess...

 

[co-op]

Cheers for the response Manter!

Heard about anything similar and it being okay? Just trying to put my mind at ease I guess...

I'd be willing to bet money you won't get sussed - I have done enhanced CRB checks in the UK which have failed to turn up police cautions (proper ones I have accepted and signed for). 99% of the time the police who "reprimanded" you will have scribbled some shite down on his notepad and then thrown it in the bin when he got back to the station. The fact that you are still worrying about it 10 years later is kind of what they were after! Put a minor frightener on you.

 

[Fez909]

Co-op is right. Reprimand = nothing. I got a formal caution at about that age and it doesn't show up on any checks these days. I even queried it with the police and they said they can't see it at all.

Yours isn't a record in any way. Tick no and forget about it.

 

[Onket]

Just to confirm what others have said- the formal caution I got at 15 years old doesn't show up on my record either, bp90.

 

[co-op]

Isn't a lot of this declaration stuff a legal technicality anyway? I mean they literally aren't going to check it at all.

The purpose of it is that if you do get caught doing something naughty in the States, they can then (if they can be arsed, ie if it's serious enough) go and check your domestic record properly and if they find anything, they then have you on a Federal offence - ie lying on a Federal form and they can deport you kerblammo, one court appearance job done.

They don't actually care what you've done in the past (I mean, barring the extreme cases) they're just giving themselves a card to play in the future if they need it.

 

[bp90]

Cheers guys!

Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?

 

[Fez909]

Cheers guys!

Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?

No. show them nothing. Tick "no" to do you have a criminal record. You've never been arrested and you're a model citizen. Act as if that reprimand never happened.

 

[Fez909]

Cheers guys!

Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?

Hang on, you're not getting an ESTA, are you?

You will need the ACPO cert then. They should have told you to bring that to the meeting I would have thought?

 

[Fez909]

This thread looks similar to your situation: http://britishexpats.com/forum/showthread.php?t=822764

They recommend he gets a Subject Access Report from teh police which will give the actual details of your caution as "No Live Trace" isn't enough information for the J1. Whether that's truce or not, I don't know, but for the sake of £10, I'd consider getting one anyway and then you can hand it over if they say they need it. I probably would hold on to it unless asked, though. Why offer more info than you have to?

 

[bp90]

Thanks Fez.

I'm just waiting on correspondence from the embassy as to when the meeting will be and what I need to take with me.

Just read through the thread on the link and I'll definitely think about getting a Subject Access Report. My dilemma is that the guy I spoke to from the coaching company said that they wouldn't take me if I officially stated on a form (these were their own company forms) that I had previously had the reprimand. So I'm planning to go and just deny I've ever had anything. However if I were to go and it came up at the embassy and they saw the Subject Access Report and accept me for a visa, is there any way it will get back to the company saying that I've said I've got the reprimand?

Maybe I'm over thinking and over worrying about it?!

 

[Fez909]

Thanks Fez.

I'm just waiting on correspondence from the embassy as to when the meeting will be and what I need to take with me.

Just read through the thread on the link and I'll definitely think about getting a Subject Access Report. My dilemma is that the guy I spoke to from the coaching company said that they wouldn't take me if I officially stated on a form (these were their own company forms) that I had previously had the reprimand. So I'm planning to go and just deny I've ever had anything. However if I were to go and it came up at the embassy and they saw the Subject Access Report and accept me for a visa, is there any way it will get back to the company saying that I've said I've got the reprimand?

Maybe I'm over thinking and over worrying about it?!

I'm only guessing, but I reckon they will never know about it.

Maybe you're best speaking to a solicitor who specialises in this sort of thing, just for peace of mind?

Good luck!

 

[bp90]

Not a bad shout Fez, something worth thinking about anyway.

co-op as my ACPO form came back saying 'No Live Trace' as opposed to 'No Trace' does this not indicate that something does still exist? And if, at the embassy, they see what it says on my ACPO form will they not query what it is?