Urban75 Home About Offline BrixtonBuzz Contact

Travelling from the UK to the USA with a criminal record

believesteve said:
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?
Click to expand...
If you were eligible for VWP why did you apply for Visa in first place?
 
believesteve said:
I'm not, I have an assault charge from 4 years ago but because I've already booked for June my only options are apply for VWP or cancel the holiday.
Click to expand...
Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.

You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.
 
1%er said:
Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.

You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.
Click to expand...

Ok thanks.
 
1%er said:
Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.

You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.
Click to expand...
But presumably he has already disclosed his record in the visa application, so he's stuffed now!
 
I've been Florida 7 times, but since Mr Taliban man, fucked it all up for us all who want to take your kids to see mickey and his friends, I'm afraid I would declare all convictions, at the time I did prison for abh and fighting but now have fire arms sec5 if I wanted to go again to the Usa I would go embassy and see how I stood. But fuck it seen seen how the yanks live and it's brill so worth a try. Chin up kids always got the French twat Mickey Mouse
 
1927 said:
But presumably he has already disclosed his record in the visa application, so he's stuffed now!
Click to expand...
I think he had only applied for an interview, not a visa yet, so he may not have declared any convictions.
 
Having read quite a few pages of this thread just to put some peoples mind at ease ie "was caught shoplifting and got caught as a teenager got a caution"or"got arrested for sexual harassment but was found not guilty" you have NOTHING to worry about they want to know if you have CONVICTIONS! a caution is a caution never 2b mentioned again(though may be taken into account if arrested again) a not guilty defenitely isnt a conviction!If you being arrested 100 times if you were found not guilty it matters not so anyone arrested but not convicted or anyone that simply has a caution you have absoluteley nothing to worry about!!
 
Hi folks, I'm new here. I made the 'honest mistake' in 2004 of applying for a US visa in a panic as I found out that my drink drive offence in 1996 counted as a criminal record. I remember the US embassy treating me like I was wasting their time with a 'don't know why you've bothered' attitude. I used the visa 3 times (Florida, NY, Vegas) & on each occassion was met with a puzzled expression & asked 'why do you have a visa?'. I now realize that I should have lied like everyone else.

However, the laws have now changed such that only more serious crimes & crimes of moral turpitude(sounds good!) require the need for a visa, a drink drive offence no longer counts. So, I am due to vist Vegas again this year & now face a dilemma. My visa & passport expired last year. I have a new passport but am now unsure whether I should renew my visa? Under the current laws I don't need one, & I've been given ESTA clearance, so as far as I'm concerned I'm good to go. My only slight nagging doubt is the fact I did have a visa previously. Will this override the fact I don't actually need one now? Surely their system would have been able to detect this when I applied for ESTA recently. Anyone have any ideas?
 
Levingsworth said:
Hi folks, I'm new here. I made the 'honest mistake' in 2004 of applying for a US visa in a panic as I found out that my drink drive offence in 1996 counted as a criminal record. I remember the US embassy treating me like I was wasting their time with a 'don't know why you've bothered' attitude. I used the visa 3 times (Florida, NY, Vegas) & on each occassion was met with a puzzled expression & asked 'why do you have a visa?'. I now realize that I should have lied like everyone else.

However, the laws have now changed such that only more serious crimes & crimes of moral turpitude(sounds good!) require the need for a visa, a drink drive offence no longer counts. So, I am due to vist Vegas again this year & now face a dilemma. My visa & passport expired last year. I have a new passport but am now unsure whether I should renew my visa? Under the current laws I don't need one, & I've been given ESTA clearance, so as far as I'm concerned I'm good to go. My only slight nagging doubt is the fact I did have a visa previously. Will this override the fact I don't actually need one now? Surely their system would have been able to detect this when I applied for ESTA recently. Anyone have any ideas?
Click to expand...
The ESTA is not a visa, it is authorization to travel. If you were granted an ESTA and have had a visa for the USA in the past, I don't think you will have a problem.
 
Hi 1%er. Thanks for that. I do appreciate the ESTA is not a visa. The point I was trying to make was that, as I have had a visa previously I must be on their system and if I required a new visa then surely their system would have refused my ESTA application & told me to get a new visa? I agree, I don't think I have a problem.
 
Hi guys

My situation is kind of like 1%er's. im 25 now but when i was 16 a received a reprimand for stealing. Back in 2011 i was offered a job in disneyworld and so had to apply for a J1 visa. When i applied for this i told them about my reprimand, the visa was accepted no problems. I have just booked up to go to America this summer for 3 weeks. On the question...'have you ever been arrested/convicted' i ticked no. After lots of research i took the guidance to mean anyone who commits a crime under 18 and more than 5 years ago isnt classed as committing a crime of moral turpitude. My issue is, when i get to boarder control, will they look up info on my 2011 visa and question why i have not declared anything on my ESTA? I know this may be a tad far fetched but im a worst case scanario type of gal. I know everyone pretty much agrees to lie and you'll probably be okay but its the fact that i've told them once before about a reprimand that's got me worried. Thanks for any help.
 
Stacks305 said:
Hi guys

My situation is kind of like 1%er's. im 25 now but when i was 16 a received a reprimand for stealing. Back in 2011 i was offered a job in disneyworld and so had to apply for a J1 visa. When i applied for this i told them about my reprimand, the visa was accepted no problems. I have just booked up to go to America this summer for 3 weeks. On the question...'have you ever been arrested/convicted' i ticked no. After lots of research i took the guidance to mean anyone who commits a crime under 18 and more than 5 years ago isnt classed as committing a crime of moral turpitude. My issue is, when i get to boarder control, will they look up info on my 2011 visa and question why i have not declared anything on my ESTA? I know this may be a tad far fetched but im a worst case scanario type of gal. I know everyone pretty much agrees to lie and you'll probably be okay but its the fact that i've told them once before about a reprimand that's got me worried. Thanks for any help.
Click to expand...
I think you are mixing me up with someone else, I don't have an issue getting into the USA :)

If they look at your history (and that is a big IF) explain that last time you visited it wasn't an issue and that their guidance says clearly:

There is an exception to this general inadmissibility if have committed a crime involving moral turpitude (see earlier section on what the term ‘moral turpitude’ means) where you only committed one crime and either;

  1. the crime was committed when you were under 18 years of age, and the crime was committed (and you were released from any prison sentence imposed for the crime) more than 5 years before the date of application for a visa, or
  2. the maximum penalty possible for the crime that you were convicted of did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
Just don't say anything unless you are asked, if they bring it up you can tell them, their guidance says it isn't relevant, so you didn't mention it.

Edit to add, In the USA information about minors criminal activity is often not accessible once the person becomes an adult, I don't know if this includes information held by the immigration services, but it wouldn't surprise me if this information is now considered "closed".
 
Last edited:
Hi everyone.
I'm in a similar position to others on this thread, and I am really sorry for probably repeating others questions, worries etc etc.

Me and my boyfriend want to get to America on holiday, but I have a criminal record.
It's for about 8 counts of theft and deception in 2005. All dealt with at the same hearing and resulted in me completing community service.
Since then i've Not even had so much as a speeding ticket. Lesson learnt, I was an idiot.

if I was to not bother going down the visa route, how would border people in America know about my conviction?

I am in process of gathering all my bits together to start the visa application but I am not even sure if I need to?

If I just answered no to the questions, would I get tturned away when I landed in America?

Thanks in advance
 
UKlass said:
Hi everyone.
I'm in a similar position to others on this thread, and I am really sorry for probably repeating others questions, worries etc etc.

Me and my boyfriend want to get to America on holiday, but I have a criminal record.
It's for about 8 counts of theft and deception in 2005. All dealt with at the same hearing and resulted in me completing community service.
Since then i've Not even had so much as a speeding ticket. Lesson learnt, I was an idiot.

if I was to not bother going down the visa route, how would border people in America know about my conviction?

I am in process of gathering all my bits together to start the visa application but I am not even sure if I need to?

If I just answered no to the questions, would I get tturned away when I landed in America?

Thanks in advance
Click to expand...
Have you read the last few pages of this thread? There's some great information about what to do if you have convictions.
 
Hi equationgirl,

I have just read a little further back than I did to start with and there is some great advice.

My main concern was because I have multiple convictions, I wasn't sure if this would flag something up at some point
 
dirtyleeds said:
Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here.

I have travelled to Florida twice in the past 2 years. last year was me my wife and little girl. this year with the addition of my youngest son whos 19. Last year I filled in the ESTA form online and after answering about 6 questions no, no,no,no, just whipped through them all.

I 100% genuinley forgot about the criminal record bit as I was last in trouble maybe 20 years ago, Im now 51. So last year I flew into USA not even giving it a second thought, as far as I was concerened I was 100% legit, all the ESTA's bounced back "accepted " immediately when I filled them in online, we sailed through immigration, I gave them my fingerprint and had my photo took, no problem straight through.

SO!! this year we went back and decided to take my youngest son whos 19. He lives in S Wales we live in the North Of England. he mentioned about the Moral Turpitude question on the Esta application and said he was worried about his conviction (will explain later), and I swear!!! it was only at that point I read the esta apllication properly and my heart sank. He wouldnt be able to go. And I had allready paid for the full monty for the four of us.

Right!! his conviction, he was taken to court last year for selling fake/counterfeit CDs on ebay, I will not make groveling apologies for his behaviour or condone it, he bought about 60 from a boot sale over a space of 2 years, actually thinking they were all real, long story short , he had been buying fakes, clearout for new flat screen, sold to wrong punter, complaint, reported, raid, all his PC, computer, PS3, mobile phone, confiscated, court, first time offence, pleaded guilty, grovelling apology. didnt get a solicitor, as thought small fine/smacked legs. £4,000 fine plus costs, and labeled with 6 counts of FRAUD. unfuckingbelievable.

Now after spending 7k on a nice holiday I wanted some assurances that he was going to get in. went and spent best part of £400 with a solicitor to investigate what they could look into upon our arrival at immigration, I had spent 2 weeks trawling every website possible including USA's homeland security, immigration, I read every page of this thread, and a zillion others, Anyway. the USA DO NOT HOLD INFORMATION OF OUR CRIMINAL RECORDS, AND NEITHER DO ANYONE ELSE. This is a cast iron guranteed fact.

They can request information from our records. at the disrection of the issuing authority back here in the UK. meaning if you were stopped for carrying something you shouldnt, you were stopped for a driving violation, or arrested for any sort of disorder, drunkenness. THEN AND ONLY THEN could they request any further information about you. They take every fingerprint and photo of everyone entering the USA for THIER RECORDS ONLY, it is simply for immigration control only and will show all your movements in and out of the USA, overstayers, regular travellers atc.
So with this new info I filled his esta application in, and clicked the button, in a nano second it went "application accepted" and off we went.

This time I was shitting myself as I was worried about my own record from 20 years ago, but kept telling myself all would be ok as we had been there the year before, again we flew through immigration and have now been home a week, where I promised myself I would write a long boring explanation/post. about this whole situation, as I was really worried about it before I travelled.

I also had the cheek because thats what I am like, to quiz the immigration officials on the way back when we were leaving, about how good was thier system of detecting "people from the UK who had told little porkies on thier Esta applications" I even teased him with "I know people who have done it and come here" his reply!! " as long as they are not drug barons, murderers or terrorists, WE CANT REALLY CHECK".

He also added that the Esta is mainly to deter the undesirables from coming and getting people to openly admit and make seperate applications through thier embassy. which is another tale completly, and should you go down that route you will have no chance at all, and once refused you will allways be refused. The only time they will approve through that route is if its through a company that will have business links with the USA, or be of benefit financially, security or politicly to the USA.

Sorry the post is so long but after shitting myself for weeks after I paid my dollars out. I made sure I got to the bottom of it and post it up for the real people who were in the same situation. I think there is a lot of shite posted on this thread by scaremongers who have never even been.
Click to expand...
I dont suppose you know what happens if you have been already refused an esta and you apply for another one?
 
Hi, I've sat her for a few hours, read all posts.
I too am in a situation, filled in ds160 form paid for visa, but no available interviews before travel date.
People have spoken of this, but I haven't seen if they managed to gain access by doing an esta form and risking it?!
Thanks in advance.
 
Can some one please advise me I have a couple of convictions decided to apply for visa 3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away
 
Ballybay said:
Can some one please advise me I have a couple of convictions decided to apply for visa 3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away
Click to expand...
Yeah. No. Get a lawyer.
 
Ballybay said:
Can some one please advise me I have a couple of convictions decided to apply for visa 3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away
Click to expand...

Did you read the thread, even just the last few pages?
 
You must log in or register to reply here.

Similar threads

editor
Travelling to the USA on an ETSA (but staying at a different address)
Replies
11
Views
623
Bahnhof Strasse
Bahnhof Strasse
BigMoaner
please tell me about your ties with the new york mafia
2 3
Replies
81
Views
6K
petee
petee
I
  • Locked
Travelling to US with a criminal record
Replies
1
Views
1K
FridgeMagnet
FridgeMagnet
1927
Whats NYC like right now under Covid?
Replies
12
Views
1K
1927
1927
editor
Brooklyn photos from the 1970s
Replies
1
Views
1K
Favelado
Favelado
Back
Top Bottom