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Travelling from the UK to the USA with a criminal record

ndt said:
Had a job interview today for a international job with a American company, they asked about convictions and drugs, i informed them about a assault charge but never said i have a admonished drugs charge from 1991....they said i will have to apply for various visas for countries i will be entering.
About 8yrs ago i was going to go to vegas for a friends wedding and decided to check on the online system for entry and put in my convictions and was informed through the online system i would hace to go for a interview. ...will this be on the system and what do yous think my chances are of getting into the US or should i just right off the job?
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Was the job in the UK? if so, unless it was a job where they require a CRB/ vetting and barring check then you only need to disclose unspent convictions. What was your sentence for the drugs? as type/length of sentence is the main determining factor in when a conviction is spent
 
they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is a uk branch of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court
 
if they are work visas for the US etc, then you may have to supply a ACPO certificate- which may or may not have the records on file depending on their step down policy.Same for Oz I think, but remember , these are not the usual visitor visas & require sponsorship and all manner of backup.

if its just an entry visa eg for a business meet, then no one will be able to check your long ago past at the embassies.

the fact you have done an ESTA already and declared , I dunno.
 
ndt said:
they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is a uk branch of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court
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they can do a simple CRB check using a few different agencies to handle it , which would not show anything that is past the spent convictions limit. You E would not show up. Unles you need enhanced CRB ( which I doubt from your outline ), then they may show up - but these are usually for jobs with kids n shit, not normal businesses
 
ndt said:
they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is a uk branch of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court
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When you filled out the ESTA form did you complete it, or just put yes in one box and it said if you do that you won't get an ESTA? If you put yes and filled out the form to the end then you'll be blocked from getting an ESTA in future, if you just saw that bit and bailed out of the website it won't be recorded and you can try again.

The simplest thing to do is complete another ESTA form here: https://esta.cbp.dhs.gov/esta/ and click on NO for everything relating to moral turpitude, nazi genocide etc. and see what comes up. Will cost you a tenner.
 
This may have already been covered, however i keep laughing my head off at some of the whitty comments being passed about :hmm: like tennis..
Anyway i would like to go for a holiday around america and hopefully visit my cousins along the way.. could be interesting as i have never met them.. so i could end up hating them:facepalm:! Just my luck haha!! My concern is that i was charged for a domestic assault when i removed my ex partner from my home when she turned up uninvited 2 years after splitting... felt i was doing the correct thing and felt i was within my rights at the time. It was either that or my parnter at that time would have lynched her :eek:.. Turns out i should have let her.. But im not bitter ... :confused::hmm: hah!!

Joking aside i was as i mentioned charged with an assualt with a domestic agrivator. This is as know in the force an addon to the charge but the charge is an assualt. I planed to just go through the etsa.. but my googling got the better of me and i stumbled upon this page.. :facepalm: no i doubt wether or not that this charge wil show on my passport when i enter the country or at least try to..? Can anyone offer advice? Should i just keep to my plann and do the online Etsa? i would have to put to watse all my time watching american news in an effort to get on the same ____ Level ____ as the us... :p
 
u01atc8 said:
wether or not that this charge wil show on my passport when i enter the country or at least try to..? Can anyone offer advice?
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It won't show on your passport. Don't tell them about it and they won't know.
 
So we're meant to believe that an American firm is handing out lucrative international jobs to someone who doesn't know basic spelling and grammar. Riiiiiiight.
 
u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options

1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight
3) apply for a holiday visa (b2?) which means that you can board the USA bound flight with a lot less stress

My opinions are (and I'm not commenting on the incident that caused the arrest)


Option 1) this is dishonest but as far as I know a lot of travellers who post on here do it and appears to work from them although imagine the time waiting to go through immigration is a stressful few minutes
Option 2) to be honest I think is not a sensible option. You may as well throw the money for the airfare in the bin :)
Option 3) although there is cost and inconvenience involved in this this would (IMHO) would be the best option

I must stress I am not commenting on the original incident just the options available to you and others in your position. This is only an opinion as I am not qualified to give legal advice.
 
On a thread like this I can't see that it matters. Despite all the reasons that can be given for travelling and all the excuses for the criminal record, there's only one real question and only one answer.

The amusing thing is the number of times the question gets asked! :D
 
Onket lol - agreed :) maybe people are looking for others to justify being dishonest on the VWP application

On a more serious note I can understand why this does come up so often. Sometimes people do things in their past which can back an bite them on the backside in later years. I have seen a number of posts about parents planning to take their families on holiday to the USA worried they will get turned back at immigration.

I think some people are worried in case the USA immigration have access to (for example) the UK police criminal records system.

If in doubt apply for a visa :)
 
Berkshirebugsy said:
u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options

1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight
3) apply for a holiday visa (b2?) which means that you can board the USA bound flight with a lot less stress
Click to expand...


Answer Yes on the ESTA and you won't get the ESTA in the first place, it says so on the fucking form :facepalm:
 
Berkshirebugsy said:
u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options

1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight
3) apply for a holiday visa (b2?) which means that you can board the USA bound flight with a lot less stress

My opinions are (and I'm not commenting on the incident that caused the arrest)


Option 1) this is dishonest but as far as I know a lot of travellers who post on here do it and appears to work from them although imagine the time waiting to go through immigration is a stressful few minutes
Option 2) to be honest I think is not a sensible option. You may as well throw the money for the airfare in the bin :)
Option 3) although there is cost and inconvenience involved in this this would (IMHO) would be the best option

I must stress I am not commenting on the original incident just the options available to you and others in your position. This is only an opinion as I am not qualified to give legal advice.
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You are wrong on option 1. The poster can legitimately answer no on the Esta as a DV charge is not covered on the esta.
 
1927 said:
You are wrong on option 1. The poster can legitimately answer no on the Esta as a DV charge is not covered on the esta.
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:eek: Really?... I thought it was covered by moral perpetitude.. So if, sorry when I check no I should be fine? :thumbs:
 
These are the ESTA questions:

1) Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases: *
  • Chancroid
  • Gonorrhea
  • Granuloma Inguinale
  • Leprosy, infectious
  • Lymphogranuloma venereum
  • Syphilis, infectious
  • Active Tuberculosis
2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? *

3) Have you ever violated any law related to possessing, using, or distributing illegal drugs? *

4) Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide? *

5) Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States? *

6) Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government? *

7) Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry? *

8) Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government? *
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"Moral turpitude" isn't on there any more.

Even if it were the DV conviction mentioned in post 817 is not "moral turpitude":

b. Crimes committed against the person, family relationship, or sexual morality
which do not involve moral turpitude include:

(1) Assault (simple) (i.e., any assault, which does not require an evil intent or
depraved motive, although it may involve the use of a weapon, which is
neither dangerous nor deadly);
Click to expand...

http://www.state.gov/documents/organization/86942.pdf
 
Last edited:
On the previous page of that document though, it says:
Assault (this crime is broken down into several categories, which involve
moral turpitude):
(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) Assault with a dangerous or deadly weapon (some weapons may be
found to be lethal as a matter of law, while others may or may not be
found factually to be such, depending upon all the circumstances in
the case. Such circumstances may include, but are not limited to, the
size of the weapon, the manner of its use, and the nature and extent
of injuries inflicted.)
Click to expand...

Bit of a moot point seeing as it falls under part 2 of the ESTA questions anyway
 
trashpony said:
On the previous page of that document though, it says:


Bit of a moot point seeing as it falls under part 2 of the ESTA questions anyway
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It's not covered by 2. Assault occasioning serious harm here gets GBH or ABH. Given that the poster has t mentioned these I assume it's common assault which could be grabbing or pushing someone. It doesn't fall under what you've quoted above for MT either. I read that last night.
 
I,ve been going to the states a few times a year for a long time now and putting no on esta forms and had no trouble until last year when they took me in to the other room for a second grilling but let me through. The third time this happened I asked why I was getting the extra grilling, he said I had not put a misdemeanour assault on the form from 1995 in NY. I said it was just a misdemeanour and the police said it would be erased after 5 years, the man said I had to put everything in there & nothing is erased but let me through again. I then asked why I had not been pulled aside before and he said now all the fingerprints in the US are linked to immigration/esta in the last 2 years. Now I'm wondering how/if I should fill the esta now?
 
if it is a US conviction then its a totes different ball game- you have to decide if you want to go for the the Visa option to smooth things along if its going to be a regular trip- now your on teh radar, they will likely pull you regular basis
 
Yes, for a lot of people. There may be circumstances where you don't want to go down the visa waiver route - e.g. want to stay longer than 90 days, don't want to falsely declare for some other reason. Its good to know that if you go down the 'declare' route - this doesn't result in automatic refusal as this case demonstrates.
 
Hi. Ive recently applied for a visa but my police certificate wont be here in time for my interview and I haven't got enough time to apply for a later interview as ive already booked to travel. My question is: if I were to cancel my visa application half way through the process, will I still be eligible for the VWP?
 
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