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Travelling from the UK to the USA with a criminal record

Arnie said:
Thanks for the replies.

Is it possible for the authuorities to know about a conviction before leaving the UK when scanning a passport for travel to the States, or if indeed your passport gets scanned before leaving. Would a passport hold such information at all ??
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rofl..

I've read so many of these posts, for people who are lying by ticking "no" consider my recent experience;

A few weeks ago I traveled to the US, I have a criminal record for a crime involving moral turpitude 7 years ago, I'd been twice before on an ESTA without any issues, when I got to the immigration desk I was pulled aside and taken into a room - I sat there with a few very worried looking people, wondering "wtf wtf wtf" before the immigration officer started doing a whole load of checks on me and talking to people in Washington DC, asking me all manner of questions, it turns out that the airline had screwed up my check-in details by not including my middle name, so it wasn't finding me on the database..

They stamped my passport and let me on my way,

So, even though I got pulled aside for additional questioning, my criminal record didn't show up - and it was all fine, they have no access to anything on the PNC, only Interpol (which would only include very serious stuff)

Stuff held on the PNC is guarded like fort knox, subject to the data protection act and not available to anybody outside the EU without protection - this is why if you want to live or work there, they ask you for your ACPO certificate (you need to provide this because they can't get it themselves)

But I will admit, I shit myself when I got pulled aside lol..
 
Dinosaur said:
rofl..

I've read so many of these posts, for people who are lying by ticking "no" consider my recent experience;
Click to expand...
my goodness, you really aren't posting in the spirit of this thread, this thread is for the slightly paranoid only....you read previous posts....and then actually provided useful, first hand experience!

welcome
 
Another thing worth pointing out,

The USA offers the ESTA visa-waiver program to 37 countries, including the UK. Take into account that each country will have its own "home grown" criminal records system, completely different from the next - some will be advanced and well secured/maintained like the UK, others will most likely not be so good..

For the USA to be able to check the criminal histories, for people from 37 different countries, in any sort of automated fashion, where every system is completely different (I.T infrastructure, language, formatting, information retention, etc) would be an absolute engineering nightmare, it would cost so much money, be so difficult to achieve - and also require the consent of 37 different police forces - it's not going to happen anytime soon, and if it was physically possible - they'd hook it into the ESTA system, so the whole thing would be like getting credit-checked for a loan, rather than you manually telling them the information like you do today.

This is why Interpol exists - (I-24/7) and all immigration desks connect directly into it, and it contains data on people who are known security risks and with serious criminal histories, (Drug traffickers, terrorists, people smugglers etc) - not John Smith, who got community service for smashing up a bus shelter when he was 18 and drunk.

The only thing I would say, is that if you turn up at immigration - and they have reason to believe (for whatever reason) that you have some sort of criminal history, they could theoretically get Interpol to manually get the police to check on the PNC on a one-to-one basis, but I've never heard of this happening to anybody in trawling the entire internet several times - there simply aren't any reports of this happening,

If it were commonplace, that people were being turned away for criminal records at immigration I'm pretty sure the internet would be crawling with very upset jetlagged individuals, but as far as I can tell - I can't find any (there are a few idiots who told the US embassy they were arrested, then tried to travel on an ESTA and got sent back obviously, but they don't count)


*** Disclaimer! ***

The above information is not offered as advice, if you have a criminal record you *should* get a VISA, and I do not recommend telling lies during any immigration process,
 
Great advice Dinosaur, and makes complete sense, certainly will put the minds at ease of a few slightly paranoid few :cool:
 
Hi everyone. I'm someone who joined the forums after I have been doing a lot of research. About 5 years ago I went through a bad patch in life where a man racially assaulted my family and harassed them and tried to stab my mother when she had my 2 year old sister in her hands. I smashed up his car and pleaded guilty for criminal damage to the matter. I also afterwards got in a few fights and never let the matter go with the man so got a caution for harassment. After that I had a few fights and was arrested but never charged with anything. This was all 5 years ago. Last year I found out my mum had cancer and I couldn't afford the car insurance renewal cost so I falsified a document to get cheaper insurance. The insurance company sussed on and told the police. I was told to come into a voluntary interview and I admitted I had done this and the reason why and explained that when I did it I wasn't thinking and wasn't in a good mental state, the police gave me a caution for insurance fraud and told me never to do it again. I therefore have 1 conviction and 2 cautions on my file. I've turned my life around now and decided to live honestly and my mum recovered from cancer in the end which I took as a blessing from god. I decided to change my life with music and went as far as to be in newspapers and have been appointed an ambassador for the 'b someone' scheme by the department of health and young children, which is a scheme for inspirational ambassadors of communities. I am at university now doing tourism and music as a degree and they know about my convictions and weren't bothered, I believe the ones from 5 years ago are spent and since then i've been in no trouble apart from the caution last year. I have had some friends go to the USA for a placement year with university and I decided not to go but to just do my degree and finish it. In January I wanted to go and see them for 7 days but I've read the USA is very strict and I'm really confused about the process. Should i apply via ESTA and if declined go for a VISA application? If I go for a VISA application do I need a APOC (I believe its a criminal record certificate as such?). What do you think my changes of getting a VISA are?
 
Thanks Onket. Your probably right but its good to belief in something. In my case whats the best thing to do..Should I go for an ESTA ??
 
curtainsplitter said:
I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest
Click to expand...

Did you actually read the thread - or even just the post a couple above yours?

Or are you just going to keep posting your story on board after board without checking available info until someone you don't know gives you the answer you want?
 
twelvetreesb said:
COULD NOT GET VISA APPOINTMENT IN TIME - HAD TO LIE ON ESTA! EXTREMELY GRATEFUL FOR ADVICE PLEASE PLEASE HELP, SO STRESSED!

Hi guys, i seem to have got myself into a very sticky situation.

I am travelling to panama for a month holiday with my girlfriend in less than two weeks. We are in transit in Atlanta airport for 3-4 hours, and for this short stay i still need a US visa... with two weeks to spare, i proceeded to sort out my visa, initially attempting the ESTA route.

When i was 17, i was arrested for possession of a small amount of weed, after which i was given a 'youth reprimand' (youth equivalent of a caution) which i was told would be wiped off my record after 2 years...

SO, Because of this i decided that i would take the safe route and apply for a visa rather than lie on ESTA application by saying i hadn't been 'arrested or convicted' of drug related offences. i filled out the DS-160 form, where I declared my arrest. I then proceeded to book an appointment, only to find the first available one was on 10 sept 2014 (OVER A MONTH AFTER I AM DUE TO FLY)...

I then called the extremely un-helpful US embassy, who told me that i can get an emergency appointment, all i have to do is book the nearest appointment and from there book an emergency appointment. After booking the appointment for 10 sept (paying 100£), i see that only applicants with extremely special circumstances (medical, scholarly etc.) can get an emergency appointment. (IM SCREWED!)

I am then left with no choice but to cancel my appointment, and go via ESTA, answering 'NO' to the drug arrest/conviction question, the application is approved.

MY QUESTIONS:

- Upon arrival in the US, will they have access to my in-complete visa application where i declared my arrest?
- If they realise, will they deport me straight away, or rather put my on my flight to panama (leaving 4 hours after I land)?
- Do I have to pay for my flight home if they send me home?
- Will they consider/care about the fact that if they send me home my girlfriend will have to travel to dangerous panama alone!?

I have the option of buying a new one-way flight (minimum 1000£) to panama which does not go through the US.

WHAT DO I DO?????? SHOULD I TURN UP AND HOPE THEY OVERLOOK THE INCONSISTENCY OR BOOK A NEW FLIGHT AND LOOSE NEARLY £2000

WHAT A MESS!!! ALL ADVICE MUCH APPRECIATED
Click to expand...


you manage to get in to the US? in the same situation and due to fly on sataday
 
I was filling out an ESTA app today and the question seems to have changed.

Last time I did one I'me pretty sure the question was along the lines of 'have you ever been arrested/convicted for anything' or words amounting to similar.

Now it seems to be a lot less restrictive:

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

So now it seems that if you're not a moral turpituder, haven't been done for drugs and are not a trafficker, and haven't done 5 years bird, you can still use the visa waiver.
 
Spymaster said:
I was filling out an ESTA app today and the question seems to have changed.

Last time I did one I'me pretty sure the question was along the lines of 'have you ever been arrested/convicted for anything' or words amounting to similar.

Now it seems to be a lot less restrictive:



So now it seems that if you're not a moral turpituder, haven't been done for drugs and are not a trafficker, and haven't done 5 years bird, you can still use the visa waiver.
Click to expand...
It's always been about moral turpitude. Bet the question about being a war criminal sorts the wheat from the chaffe tho!
 
Moral turpitude has always been in there, but before there was also a question asking if one had ever been arrested or convicted for anything, which was pretty catch-all.
 
Does anyone ever answer yes to those questions?

Are they really just there to weed out the criminally stupid or something?
 
free spirit said:
Does anyone ever answer yes to those questions?

Are they really just there to weed out the criminally stupid or something?
Click to expand...

This one made me grin ....

C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved, in any way, in persecutions associated with Nazi Germany or its allies? *
Click to expand...

Are you now involved in ....

:thumbs:
 
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