Travelling from the UK to the USA with a criminal record

[wanizame]

this is the status:

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.

this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.

 

[wanizame]

this is the status:

this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.

GBH is turpitude, however you might want to rationalise whats been done, crimes of violence will generally get a flag

 

[wanizame]

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.

no, you're a minor, would be illegal to disclose under you're charged with a majority offence, ie, murder at the age of ten in scotland, arson at age 10 in england, etc

 

[wanizame]

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

Shanir, if it doesn't fall under COMT and carries less than a year conviction, it's mostly ok, it's bigger level stuff after that will land you in the smelly...or consisent arrest for non criminal like mine....human rights work is protected, but i wouldn't recommend that other people go down the happy path i've had to travel on..! mostly it's crimes of violence and against larger law that will show: there's a legendary reporter who,in the 1960's, on the then VWP/ ESTA form request of 'planning to overthrow the US government tick box wrote : sole purpose of visit...gotta admire that

 

[1927]

this is the status:

this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.

You miss the point totally. What the US authorities want and what they get are different things. If you have a conviction , but do not tell them you will almost certainly not be detected . If you apply for a visa and disclose your convictions then the US authorities will know about them and likely refuse you. Keep quiet say nothing and you're in the clear.

 

[co-op]

Isn't it just a basic rule of life not to confess anything to bureaucracies? It's usually pretty obvious what they want to hear so just say it, they are nearly always going to be far too lazy and/or incompetent to ever check.

Has any one of the dozens of people who have posted on this thread ever come back and said "I was prevented from entering the US because they found my 20 year-old shoplifting charge" or whatever?

 

[Onket]

No.

 

[Prydeannie]

I'm looking to take my kids to Florida in the next few weeks. I was convicted of a minor assault in 1990. I went to work on a summer camp in the US a year later. I told them about the conviction at the time and was granted a visa. I subsequently travelled to Florida in 1994 and LA in 1999 for holidays and kept quiet with no consequences. Have things changed technology-wise so that my admitted conviction from 1990 will flag up when I enter the US?

 

[Onket]

I don't think they've developed mind-reading technology yet, no.

 

[Manter]

Jesus Mary and Joseph, what is with this thread?

 

[ddraig]

High Google ranking I presume then all kinds of nervous people thinking their tale is different and someone will give them the all clear. Maybe

 

[Prydeannie]

I'll be the first to admit I haven't read all 21 pages of the thread. I'm only looking to see if anyone has insight on whether the US will have a record of me having a conviction given that I admitted as such to them to get a visa back in 1991. I've no doubt that information was kept in a filing cabinet back then.

 

[ddraig]

They prob did have computers in 91

 

[Prydeannie]

So did I. A BBC.

 

[shannon1967]

the thing is, even with a visa, I read that they still might turn you away. then you have given them every little bit of information for nothing

 

[Manter]

the thing is, even with a visa, I read that they still might turn you away. then you have given them every little bit of information for nothing

They can turn anyone away at any time. All countries can with anyone except their own nationals.

 

[Onket]

And they are more likely to turn you away if you give them reason to.

So tell them nowt.

 

[Dode]

Hi lads. Read this thread from start to finish and still shitting it. I have paid deposit for a cruise that includes 5 day stop in Florida with partner and parents. I was an idiot recently and arrested for assault (Scottish Law) and looks like I'll be pleading guilty soon.

My questions are 1. Is this a crime of moral turpitude? I just cant work out if it is (maybe just cant see the wood for the trees) 2. Would the US have access to this as its such a new crime? 3. I will be obviously entering by port, does this make any difference?
The holiday company asked when I booked if I had been arrested (it was no then) they said nothing of moral turpitude.

 

[joustmaster]

Hi lads. Read this thread from start to finish and still shitting it. I have paid deposit for a cruise that includes 5 day stop in Florida with partner and parents. I was an idiot recently and arrested for assault (Scottish Law) and looks like I'll be pleading guilty soon.

My questions are 1. Is this a crime of moral turpitude? I just cant work out if it is (maybe just cant see the wood for the trees) 2. Would the US have access to this as its such a new crime? 3. I will be obviously entering by port, does this make any difference?
The holiday company asked when I booked if I had been arrested (it was no then) they said nothing of moral turpitude.

I've got this one....

To recap every answer on the last 21 pages -

Don't admit to ever being arrested. You will be fine.

for bonus points:
Stop hitting people

 

[Manter]

for bonus points:
Stop hitting people

 

[Dode]

I've got this one....

To recap every answer on the last 21 pages -

Don't admit to ever being arrested. You will be fine.

for bonus points:
Stop hitting people

Appreciate your answer and I wont ever again. Is it a crime of moral turpitude?

 

[ddraig]

how the fuck do you think he knows? we are not immigration lawyers

 

[joustmaster]

Is it a crime of moral turpitude?

Sure, why not!

 

[Dode]

how the fuck do you think he knows? we are not immigration lawyers

maybe he is?

 

[Manter]

Why don't you fucking google a list of crimes of moral turpitude rather than asking a bunch of strangers on the internet?!

 

[Dode]

because assault is listed as moral turpitude and also listed as not moral turpitude. Again cheers for the response.

 

[Manter]

Right, let me explain this really, really slowly.

When you are looking for information, random strangers on the internet are not reliable.

Official sources are reliable.

If you want information on the regulations of the US state department, why not look up the regulations OF THE US STATE DEPARTMENT.

Seriously, not difficult.

Google is your Friend.

Look. I found it in 30 seconds

http://www.state.gov/documents/organization/86942.pdf

FFS

 

[joustmaster]

Ok, everyone calm down... we don't want any moral turpitude kicking off in here...

 

[trashpony]

joustie - immigration lawyer to the intermawebz

 

[Onket]

Right, let me explain this really, really slowly.

When you are looking for information, random strangers on the internet are not reliable.

Official sources are reliable.

If you want information on the regulations of the US state department, why not look up the regulations OF THE US STATE DEPARTMENT.

Seriously, not difficult.

Google is your Friend.

Look. I found it in 30 seconds

http://www.state.gov/documents/organization/86942.pdf

FFS

Can't go to that site, they'll track your computer and deny you entry.