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Travelling from the UK to the USA with a criminal record

Nice post Daddy Twofoot - supports the theory that if you fez up you get turned down! If you just crack on you'll be fine!
 
Thanks for all the info. I'm now reconsidering my visa application. Only thing is I've already got my ACPO application back. On the form to apply for the ACPO check it asks what country you'll be applying for a visa to. I answered US. Do you think that could be an issue? Would they communicate possible applicants to the relevant US body?

In case it makes a difference: I have two convictions, one for supply of a drug, another for possession.
 
THANK YOU,d DIRTYLEEDS - you gave me peace of mind and I'd like to offer more peace of mind to others with my story.

I first went to the USA in 2003, before ESTA. On the immigration card that I filled out on the flight in to LAX, It asked if I had been arrested and had a criminal record. I DO have a criminal record. Just like George Michael, I was caught in a compromising situation with another man in a public convenience, way back in 1991.

I lied and got into the USA without any problems.

Fast forward to 2012. I booked a flight for my mother and I to visit New York for a long weekend. I didn't know ESTA existed until about three weeks ago (two weeks before I was due to fly out). A friend asked if we had done the visa clearance on the internet. Just as well, because I'd have arrived at Heathrow without doing it.

So, once again, asked if I had ever been arrested or had a criminal record, this time I was sh*tt*ing myself. I read as much as I could on the internet about this. It was DirtyLeeds that gave me peace of mind.

It was not until I arrived at immigration at JFK I felt very nervous. I was stood with my mother, who to this day knows nothing of my past. My passport was stamped with no questions. My mother was asked if this was her first time to the USA, which it was. She was then stamped in and we had a great weekend taking in the sights of NYC.

It is worth noting that we did not have to fill in an additional immigration card on the flight or in the airport, just a customs declaration form to make sure I was not laundering cash or high value items.

Leaving the USA was just as straight forward as entering.

So, remember, if you have never told any US authority about your criminal past and you are not guilty of any major crime such as murder, terrorism (or been associated with it in any way) or any kind of drugs conviction, I don't see how it can cause you any problems.

If US authorities are aware of any criminal history, including arrest, you'll have to go via the lengthy and expensive visa route and their is a chance your visa application will be denied. And once denied, always denied.

But now that I have lied on two occasions, if I ever want to return to the USA, I have to lie every time. But in all honesty, I think their screening system is nothing short of draconian and seriously cannot see myself every returning to the US again.

I could not possibly say what the risks might be for any individual. I can only tell you of my own personal experience. But as others have said, on all the forums all over the internet, I have not read one single story of anyone being sent home after they have arrived at a port of entry.

Thank you.
 
THANK YOU,d DIRTYLEEDS - you gave me peace of mind and I'd like to offer more peace of mind to others with my story.

I first went to the USA in 2003, before ESTA. On the immigration card that I filled out on the flight in to LAX, It asked if I had been arrested and had a criminal record. I DO have a criminal record. Just like George Michael, I was caught in a compromising situation with another man in a public convenience, way back in 1991.

I lied and got into the USA without any problems.

Fast forward to 2012. I booked a flight for my mother and I to visit New York for a long weekend. I didn't know ESTA existed until about three weeks ago (two weeks before I was due to fly out). A friend asked if we had done the visa clearance on the internet. Just as well, because I'd have arrived at Heathrow without doing it.

So, once again, asked if I had ever been arrested or had a criminal record, this time I was sh*tt*ing myself. I read as much as I could on the internet about this. It was DirtyLeeds that gave me peace of mind.

It was not until I arrived at immigration at JFK I felt very nervous. I was stood with my mother, who to this day knows nothing of my past. My passport was stamped with no questions. My mother was asked if this was her first time to the USA, which it was. She was then stamped in and we had a great weekend taking in the sights of NYC.

It is worth noting that we did not have to fill in an additional immigration card on the flight or in the airport, just a customs declaration form to make sure I was not laundering cash or high value items.

Leaving the USA was just as straight forward as entering.

So, remember, if you have never told any US authority about your criminal past and you are not guilty of any major crime such as murder, terrorism (or been associated with it in any way) or any kind of drugs conviction, I don't see how it can cause you any problems.

If US authorities are aware of any criminal history, including arrest, you'll have to go via the lengthy and expensive visa route and their is a chance your visa application will be denied. And once denied, always denied.

But now that I have lied on two occasions, if I ever want to return to the USA, I have to lie every time. But in all honesty, I think their screening system is nothing short of draconian and seriously cannot see myself every returning to the US again.

I could not possibly say what the risks might be for any individual. I can only tell you of my own personal experience. But as others have said, on all the forums all over the internet, I have not read one single story of anyone being sent home after they have arrived at a port of entry.

Thank you.
 
hi , please can someone help put my mind at rest ????

i have booked a holiday with my family to florida ( nov this year) and was intending to travel via an esta , (never been before) , however when i started to fill out the esta form i came to the section about previous convictions , i have 5 convictions from the same time (1995) for Minor offences for which i recieved a community service order and a small fine , i stopped the application and checked the us embassy website for info as the esta application said i would need a visa . i decided to go ahead with the visa application obtained a ACPO cert which showed no live trace and subsequently had to also obtain details of all my convictions as i had "put that part of my life behind me " .I then phoned the £1 odd a minute US embassy number ,was given details of how to apply /links etc , i then filled in the Date form VCU-1 and sent it to the embassy booking office along with a copy of my ACPO cert and have recieved an email inviting me to book an appointment .

her comes the crunch !!!

i then checked how drawn out the process is and that most applications are denied and sent for further processing for a waiver of inelligability , as my holiday is in November i don't see this an an option , i have also been on several forums which have completely fried my brain as to what to do next :

option 1 : travel under an esta ( ticking no where necessary)have no problems at all

option 2: as above but get stopped at US immigration ! ( will i get sent home )????
Option 3 : carry on with the visa application and find that it isn't resolved before November and face losing £5,000 !!!

will my details already submitted affect my chances of travelling under Esta( i know i will have to lie on the form)????????

im so stressed by it all and realize that its my own fault for not checking properly but this is out first holiday fore years and it taken that long to save for it !!!!!!!!

what is the best advice somebody can offer ??

thanks
 
I've never filled in a visa application so I have no idea. You must have given them some details for them to have invited you to an interview though :confused:
 
If the embassy has your name and know that you are applying for a tourist visa because you have a previous conviction, I'd say they know. If you had have just gone to the US and lied (as I did) they DO NOT have access to UK criminal records. They only know of a previous conviction IF YOU TELL THEM.

The ESTA system is an utter travesty, causing so much needless anxiety. I wish all countries that have to go through the ESTA system would reciprocate by putting all US citizens through the same b*** s*** to visit those countries.

Sorry mate, but I'd say you are stuck with the visa route now and you are just going to have to accept the outcome, whatever it is. Otherwise you could risk the ESTA route and accept that you could be sent back upon arrival. The only hope is that I too have trawled the net and not once read about anyone being sent back.

Good luck.
 
If the embassy has your name and know that you are applying for a tourist visa because you have a previous conviction, I'd say they know. If you had have just gone to the US and lied (as I did) they DO NOT have access to UK criminal records. They only know of a previous conviction IF YOU TELL THEM.

The ESTA system is an utter travesty, causing so much needless anxiety. I wish all countries that have to go through the ESTA system would reciprocate by putting all US citizens through the same b*** s*** to visit those countries.

Sorry mate, but I'd say you are stuck with the visa route now and you are just going to have to accept the outcome, whatever it is. Otherwise you could risk the ESTA route and accept that you could be sent back upon arrival. The only hope is that I too have trawled the net and not once read about anyone being sent back.

Good luck.

do you think that if i was stopped at US immigration they would send me back home?? i have had nightmares of having to leave my family in florida!!!!!!!! and me on the next plane home , or worse !!!

ive already booked and paid for everything park tickets , car hire the lot !! cant get a refund i havent filled in the DS160 visa application yet all i filled in was a data form , all i had was an email asking me to phone for an appointment , does anyone know if you can talk your way in if they do stop you ???? is it a blanket across the board thing or do they look at each individual case ??or is that more wishful thinking , can you tell i havent done this before ???? :confused:
ieve
 
You say you gave your name. Did you give them any other details? I ask because if it is only your name that you gave, and you have a very common English name, I think you would have no problem going through the esta route.
 
You say you gave your name. Did you give them any other details? I ask because if it is only your name that you gave, and you have a very common English name, I think you would have no problem going through the esta route.
i filled out a VCU1 data form ( including my convictions ) and sent my police certificate ( which stated no live trace as it was so long ago :confused:
 
Thank you for your responses! I think I can safely put this one to bed.

I rang the US Embassy in London, and spoke to a very nice man called 'John'.

I explained my situation to him and he explained the following.....

'DS-160 forms are DORMANT UNTIL ACCESSED. When you call to pay the MRV and schedule an appointment, then the application is ACCESSED. This then takes it to the next stage - LIVE' ie. approval or denial.

As I wish to to take no further action, my application will remain on their computer system for a period of 30 days, then it will be deleted. I need to take no further action with regards to my current ESTA, as it will still be as it was before.

I did mention that I was expecting an interesting conversation on my next VWP visit to the US, but he told me 'this is a common problem. The visa system can sometimes be confusing! You will be able to enter as normal on your VWP'.

I think that was worth the £1.23 a minute!



Hi , can anybody tell me if the above statement is true ?? or likeley to be true ???, i found it on another forum
 
I've read this and other forums with interest over the last 7 months or so as I had a holiday booked to the USA with my family. My wife was arreseted for breach of the peace 7 years ago (not convicted) and she also has bipolar (hence the arrest). I had a double dilema with the ESTA form - declare the conviction and the mental illness or not. She has been sectioned under the mental health act several times in the past but has been symptom free for 7 years under medication. I decided to tick no to both on the ESTA - it was approved and had a few sleepless nights leading up to the holiday. My wife has a recent advanced disclosure which shows nothing so decided to go with the ESTA. We were assured by her GP her sections were confidential and carried a letter from her GP stating medications and what they were for. On arrival at US customs we were asked why we were viaiting USA - and that was it - no further questions and we were admitted. We took 4 flights in total during the visit with no interest in her medication that was carried in hand luggage.
I can't advise anyone else what to do but we had no problems whatsover. I would therefore concur with comments of several threads - they don't know unless you tell them.
Good luck.
 
Thank you Dirtyleeds and everyone else who has shared - you dont know how much it is helping me. THANKYOU!

Quick recap
1. If you don't contact the embassy and go through proper channels declaring a conviction, and go on the holiday, deny all convictions and tick no on the waiver form - Many are reporting this to be successful
2. If you do this - Nobody is reporting this to have got them deported, sent back home, detained or worse.
3. If you do contact the embassy and go through proper channels as above - Some are reporting that the visa is denied, without reason, and without them being told how long before they can try again.

What I haven't quite worked out yet
Q1. Does the above (ticking no on waiver forms) definitely apply to possession of class A drugs - some people are noting this as something to be considered more severe than other convictions.
Q2. Does the above (ticking no on waiver forms) apply for spent convictions or does it include spent and unspent? For example is it better to wait until convictions are spent before going to USA? Or does anyone know this not to be true?
Q3. Does anyone know about how this might affect future visa applications - lots of people talking about single trips but what about if someone intends to live in the USA at some point in the future, would this action show that they had lied on forms and scupper any future longer term visa application.

I am building a fantastic picture from everyone's experiences and I would really appreciate if anyone has any case studies to add that confirm or answer the above points.

When posting I think its important for people to say what are solid facts and what is hearsay/opinion.

Thanks again!
 
I am copying a couple of posts from another forum .Does anyone know please does the USA have a New database that can view all convictions
It is now to do with the new database which makes it nigh impossible to get into the USA if you dont declare you have a previous and actually do (as now they will know 100% upon entry) so a mad rush of Brits (and others) applying. There was an article in the FT about it the other week (as it was a UK/US data system) - will try and find it and post a link.
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That's what the American embassy have said! When DH used to get a visa it only took 8 weeks, they told him that the delay was caused as thousands of people were now having to get visas for travel now as they can now see criminal convictions. So all those naughty people who never declared them before will probably get caught out by ESTA or immigration when landing.
 
need some help please
I am hoping to go on holiday to florida soon but am very worried they wont let me in,
the reason being when i was coming home from work on a bus the other day i decided to have a pick around in my nose just to kill a bit of time,:D i could see the bus driver looking at me but i did not care after pulling out the biggest boggy ever i wiped it on the seat next to me. the drive saw me do this and started to shake his head at me:facepalm:.
Do you think i will be able to go on my holiday or do you think US immigration know about this and will just send me home???
am really worried and dont know what to do
Help me
 
need some help please
I am hoping to go on holiday to florida soon but am very worried they wont let me in,
the reason being when i was coming home from work on a bus the other day i decided to have a pick around in my nose just to kill a bit of time,:D i could see the bus driver looking at me but i did not care after pulling out the biggest boggy ever i wiped it on the seat next to me. the drive saw me do this and started to shake his head at me:facepalm:.
Do you think i will be able to go on my holiday or do you think US immigration know about this and will just send me home???
am really worried and dont know what to do
Help me

They'll deffo know bro. I farted on the plane and was sent home.
 
Stupid or paranoid?

My sis is supposed to be getting wed in the us next year, Disney no less... She is obsessed with these disney message boards and has been wittering on about how her soon to be hubby has a few skeletons in his cupboard but that he doesn't need a visa.
Am I just a conspiracy theorist thinking its a bad idea to discuss that on these boards ( where she posts all about herself and her plans). Surely at the least they could be selected for secondary screening. Big brother and all that - sis thinks I am nuts!
 
Hi,
Does anyone know anything about going through usa customs from the uk, with a criminal record?
We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american embassy in london.
One of the ppl im travelling with has a record for shoplifting last year, although she didnt get fined, just a telling off basically.
We have been in touch with the embassy who have said they cannot do anything in 3 weeks.
there are a group of us going ( its a family holiday). and it would be really upsetting to have to cancel at this point, also we would lose a lot of money.
If the person with the record doesnt mention it on the i94w form you fill in on the plane, what is the likelyhood of anyone finding out?
I have been in touch with a lot of ppl who say they have been, not mentioned their record and have been fine.
My family are really worried about it, but a lot of people are giving me the impression that it is easy to get in and just not say anything. she has only ever commited 1 offence, andI have worked with immigration lawyers for it is quite a petty crime.
Any advice would be greatly appreciated.
thanks

Hi, my advice is and believe me I have been through immigration lawyers and the like for a year now for a member of my family ...... If its just a holiday dont declare anything as its not a crime of moral turpitude (there are lists of inclusions if you google them) . If they find out whch they probably wont play ignorant. If applying for a visa to stay/study etc, then you have to answer the question on the application form "have you ever been arrested, convicted ..... this has been changed recently to include arrests. The outcome could be ok but could take months and months and then could be refused and believe me once they make their mind up it wont change! If refused they tell you that you cn apply again, they wont advise or tell you whether youll get it or not just take your money and not give you a straight answer. Holiday, wouldnt cross my mind to declare it.
 
Hi

I have to sign the sex offender's register, and before anyone starts flinging do-doo at me, I should say that while I seriously regret what I did and wished I had understood the recklessness of my action, what I did was, in the scheme of things, minor, and that sadly I am often treated in the same way as a rapist or paedophile, which I am not. I hate my situation because although it is something that happened 5 years ago, I still have two years to go on the register, and the aftermath is massive.

My question relates to this forum though because my wife is American. We got married during the legal upheaval in 2008. Prior to that I had travelled to the US many times while we were dating. I traveled after having been arrested and there was no issue. I have not been back since the actual conviction.

Since all this happened my passport has been replaced and I now have an electronic chip in it which carries unspecific information which always means that when I come back through UK customs they ask me for my home address. It has something to do with VISOR which I believe is a UK listing.

SO although my conviction was over a minor issue, because it was sex-related I think it would be regarded as a 'moral turpitude' offence.
Is there ANYONE on here who knows of anybody who has successfully traveled to the US, but not applied for a visa, and just not ticked the boxes on the ESTA form? Many people on here ask questions relating to drug offense charges but I haven't read any posts from anyone brave enough to ask this question. (Presumably because people can be quick to judge in this particular area).

I would dearly love to go back to the US with my wife sometime. She is traveling there alone this year with our son, as at the moment I am not willing to risk it. If there is anyone who has any useful practical advise we would both really welcome it. Some on this forum seem to be absolutely categorical that the US has no access to UK records unless officially requested by the US immigration. Can I ask those people, or anyone else who has actual knowledge or experience of the subject, if they know whether that applies to the 50 000 people in this country who, for whatever reason, have to sign the SOR?
 
Hey

Im 21, ive never been arrested until once for the first time last year (2012), and convicted of criminal damage (windows on 2-3 vehicles), one of those i did not do but was found guilty of anyway, i was given a suspended prison sentence under 6 months, ive been through alot for years and had bad issues with anger and depression and this was my way of coping and getting it out of me, i hate this stupid mistake and the idea of never being able to go to the US affects me greatly and is making me depressed and upset now, is criminal damage/damage to a vehicle seen as something serious?, i hate the entire system and anything that does not harm a human being should at least come off at some point, even if it takes 10 years, especially if you never offend again or it is your only mistake, are you not allowed to make even one mistake while growing up, i thought about contacting a US embassy for an answer and to explain my whole reasoning behind it and to show it was my one and only mistake, but after now reading all these posts i dont know if its such a good idea as it seems like it just closes the door permanently.., nothing gets to me more than this now, i always wanted to visit the US but also i always wished to live there one day, what would i have to do to stay there?, i care more about knowing that answer and how i can do it more than knowing if i can just lie to do a visit/visits
 
This forum has been a great help in understanding how the system works. I'm not about to now reword my own question that's been covered on here a million times. I, unlike others that have posted on here have actually read the entire thread from start to finish and understand that providing I'm not a terrorist or murderer I'll be fine using the ESTA system and ticking NO.

I've read plenty of forums online with regards to this issue and with such broad statements within the ESTA question form, I find it hard to believe how most get in without bending the truth to some extent.

In my case, I was given a caution on the street for being with a mate who was smoking a splif. The caution was given to both of us and we were told at the time that it doesn't count as a criminal record and is just kept on file, as a means of deterring either of us from doing something stupid like that again. This caution is NOT a conviction, so I'll be answering no to the question within the ESTA form.

As many of the contributors on this thread have said. The authorities only know as much as you tell them, as access to the UK police database is only available upon request. Making arrangements to go down the visa route and informing the US embassy, THEN wishing to go down the ESTA route is obviously a stupid mistake to make and result in being found out I imagine. Applications for visas are logged I would have thought. But not saying anything and acting normally will result in you getting in with no dramas. Obviously. This isn't the correct course of action. But given the alternative and all the stories that are on here about the alternatives, I can't see their being a problem.
 
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