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Travelling from the UK to the USA with a criminal record

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?
Yes. You're fucked. :(
 
Hmmm. Being doing a bit more reading on the internet and nowhere, even on the US gov sites, does it say you have to take your ACPO form to a J-1 visa meeting. Probably best seeing what the embassy say I need to take and just take the guy from the coaching company's advice and just tick no to everything.
 
don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.

seriously, get some proper advice on this (not randoms off the internet)
 
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?
Even applying for the visa is giving them more info than you have to.

Im sure ive said it before and i will repeat. Does anyone out there actually believe that the US immigration bods have a list of every conviction of every person in the world? Because that is what they would have to have if you dont disclose anything to them. The Uk authorities do not share police records and the US would have to go thru Interpol to get them. It aint gonna happen folks, so unless you are a terrorist threat, big time drug dealer or mafia don I doubt there is any chance whatsoever of being found out, go for it!
 
don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.

seriously, get some proper advice on this (not randoms off the internet)
Proper advice, what would that be then? Any solicitor is going to advice to play it absolutely to the letter of the law, when in reality there is absolutely no need to do this. Internet is best place to get some real life experiences about what is necessary or not.
 
don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.

seriously, get some proper advice on this (not randoms off the internet)
How will they know you are lying as a matter of interest?
 
How will they know you are lying as a matter of interest?
He's going to work in the USA. It's not just a holiday. He'll need a social security number and whatever else. And for that they need a J-1 visa. And the J-1 visa requires an ACPO cert, which shows any criminal convictions. He's have already seen his ACPO cert as her got it done himselves and it said, "no live trace" which means there is an expired caution. The US embassy will know this, and they will ask to see the Subject Access Report so they can judge exactly how serious the caution is, and then make a decision on that.
 
He's going to work in the USA. It's not just a holiday. He'll need a social security number and whatever else. And for that they need a J-1 visa. And the J-1 visa requires an ACPO cert, which shows any criminal convictions. He's have already seen his ACPO cert as her got it done himselves and it said, "no live trace" which means there is an expired caution. The US embassy will know this, and they will ask to see the Subject Access Report so they can judge exactly how serious the caution is, and then make a decision on that.
My apologies I missed the bit about the J1 visa.
 
After speaking to a couple of people in the last couple of days who have been for J-1 visa interviews, they have both said the embassy did not see the ACPO form. It seems like the ACPO form is just for the company you are working for as they are acting as your sponsor, therefore it is their responsibility to carry out a criminal background check on you.

Obviously this is just from two friends so I still can't be sure, but seems like legit info that is backed up by there being nothing on the embassy website about taking the ACPO form with me.
 
Hi all,

Just want to share my experience I booked a holiday last year for me and my boyfriend for feb 15th!

....he has a criminal record and was actually in prison for 6 months now the conviction (only conviction) actually wasn't listed as CIMT (moral turpitude) but it didn't stop me from worrying.... Anyways we boarded the plane and landed went through border control and nothing he was fine!

I think they have a lot more important people to look out for than a accident which cost my bf 6 months of his life 8 years ago, I'm not telling people to follow my actions but just wanted to share my experience
 
Nice one Shanir123

Lessons: Don't grass yourself up. As 1927 has said, unless you are big time you'll be fine. I have numerous minor convictions, all of which could have carried substantial prison time, never had any trouble; in fact in October at LAX I was through immigration in under a minute, including fingerprints and photo.
 
After a much stress, scouring the internet to find out whether I would get a VISA for the US I've now been through this whole process and have a visas

I have a conviction for Drink Dirving and hence cannot take advantage of the Visa Waiver program. I originally considered: Should I risk going anyway and lie on the forms you have to fill out when you arrive in the US?

Well the answer is: You will get caught. The UK and US share information that declares whether you have a criminal record. This data exchange programme has identified more 20,000 individuals arriving in the US that have criminal reocrds but decide to risk it. Attempts like this result being put on the next flight back.

I sent of for the required subject access statement. This took four weeks. The docment contains:
Arrrests, Charges, convictions, Sentences - fines/custodial/community service

It does not contain the details of any criminal activity.

Things to consider that aren't on the US embassy website:
Do you own a property?
What is your occupation and how long have you been doing it?
What is your annual salary?
These questions are used to assess whether you are likely to return to the UK after entering the US. This is particularly a concern when issuing long visas - up to ten years.

I flew to belfast to avoid the london queues. I was in and out in 40 minutes and got my passport back the next day.

Was it a police certificate form you applied for from acro?

I'm really intrigued because I am sending off for one today, and have a meeting as the embassy booked for 22nd April, going to vegas on the 3rd June!

If it was the police cert. from acro you got then I am releived as I was worried about the amount of detail is included in it! .. does it literally just say the offence and when it was?
 
Why do people bother reading this thread if they then go against everything that they get told?

The comment from USVISA above is a load of bollocks imho.

DUI is NOT a crime of moral turpitude and there is no reason to declare it, and the US authorities will almost certainly find out if you don't declare it. The Home Office do not, repeat, do not share info with the US authorities, and can only do so if the info is requested via Interpol channels. Does anyone with any ounce of intelligence really think they would approach Interpol for the records of every single person on every flight arriving from Europe, it a no brainer.

The USA is so large that there own databases cannot keep track of their own citizens, they can hardly keep track of everyone in the world.
 
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Can you tell me if i can get in usa on a esta please if iv got 1 conviction and that is charged on a class c drug?? As dont want to apply for a visa as more expensive? Is there any 1 whos traveled to states RECENTLY and not declared there offence and got threw ok/please help as iv tried contacting embassy but only automated service???
 
So do you think ild get pulled up then? What would happen if they caught me etc isnt there anyway i could do a visa etc if i got caught?
 
If you conflated a gerund with a present participle I believe there would be a short period of detention before you were repatriated. Sunshine State my arse, frankly.
 
Can you tell me if i can get in usa on a esta please if iv got 1 conviction and that is charged on a class c drug?? As dont want to apply for a visa as more expensive? Is there any 1 whos traveled to states RECENTLY and not declared there offence and got threw ok/please help as iv tried contacting embassy but only automated service???
If you must, try travelling on a Disney package holiday via Florida then piss off and do what you have to when you get there. Try and look the part. Best as part of a family group. You will then get a stamp in your passport and that helps with future visits. If you get caught deny deny until you die. They will just throw you out at your expense.
 
Im going to florida for 3 weeks If i didnt declare this on esta do you think they will find out when i go threw customs????
if you go threwing customs about you are going daaaaahn
fyi it is "through"
how will they find out? how?
 
James Curtis, this is the facts as they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.
 
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James Curtis, this is the facts as they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.
thank you so much for your advice i think im going to have to apply for a visa as i dont want to get al the way there with my 2children,girlfriend etc and have to be sent home on the next flight. i went to florida in sep 2013 so as you say they have my prints so more likely to get pulled up. thank you for your advice
 
James, if you have already booked your holiday you are a bit fucked really. If you apply for a visa with a drugs conviction you are more than likely going to be turned down. Whilst you may not technically be eligible foe a nests or the visa waiver program it I s really your only option now. Like all the advice in this thread has stated if you don't tell them how are they going to found out? You state that you went to USA last year, did you have your conviction then?

As for the links from Wanizame above, have you tried reading them? The information in the links don't back up his comments and IMHO do not change any of the advice here to go to USA and keep Schtum!
 
I have to say I'm deeply suspicious of any poster who comes on here to post a single conspiraloon theory. And the fact that James went last year seems to contradict it
 
Why do people bother reading this thread if they then go against everything that they get told?

The comment from USVISA above is a load of bollocks imho.

DUI is NOT a crime of moral turpitude and there is no reason to declare it, and the US authorities will almost certainly find out if you don't declare it. The Home Office do not, repeat, do not share info with the US authorities, and can only do so if the info is requested via Interpol channels. Does anyone with any ounce of intelligence really think they would approach Interpol for the records of every single person on every flight arriving from Europe, it a no brainer.

The USA is so large that there own databases cannot keep track of their own citizens, they can hardly keep track of everyone in the world.

just to reiterate this point,'

the us, does not have access to every single persons criminal record in the world. what kind of fuck off database would that require?
 
James Curtis, this is the facts as they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.

what a load of shite, sorry.
 
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