US visa with a criminal record?

[Onket]

I know there have been threads about this before but these things seem to be changing all the time.

Just spoke to a fella at STA who said they've had people be refused visa's for driving offences!!

Anyone able to advise? The telephone number on the US website is £1.20 per min and my work phone won't let me phone it.

Ta.

 

[A. Spies]

What kind of offence was it?
I think you're probably better off lying at the border as I reckon most people must do. But if not provided your offence wasn't burgalry or anything, or wasn't recent you'll prolly be ok. I easily got a visa for 3 (2 youth) offences criminal damage well over a £1000 and US border people didn't bother me at all despite my acting well paranoid. Though they seemed suprised I'd got one which made me think most people must lie for minor offences. I did get problems with the Canadians but they still let me in easily considering other stuff like having comments about pot in canadian slang in one of my notebooks. Think N. American border/visa things are much,much laxer than everyone thinks.

 

[trashpony]

I don't think they do change. Lie. You'll be fine. That's what I do every time I go to the States and I've been about 15 times.

 

[paulhackett]

If you're British you don't need a visa?

 

[Bungle73]

If you're British you don't need a visa?

You need to apply through the ESTA scheme. It came in a while ago.

Would I have any problems? I've been arrested three times, twice for turning up at an ex-friend's house and refusing to leave, and once for kicking a car for which I was cautioned. This was all several years ago. Never been convicted of anything though.

Also for the past few years I've been under the doctor at the mental health dept. at our local hospital and am on medication.

 

[A. Spies]

Are you applying? don't declare mental health - I didnt and got away with it and I'm definitley on records somewhere although if you have medication + visa they may search you for the visa n find it, don't think the other stuff wouldn't stop you getting a visa. Obviously just guessing from one experience though but I got mine in January.

 

[nick h.]

Every year an MP asks in Parliament who's got access to the PNC, and no foreign organisations are ever listed. Despite this lots of people believe that American immigration officials can find out everything about you in an instant, just like Jack Bauer. There is a limited info sharing agreement between the US and the UK (signed last year I think), but it's for serious stuff. So unless there's a record of your dark deeds on some public database I reckon lying is safe. I know people with arrests and cautions and mental health histories who've successfully applied for visas very recently. The yanks will probably achieve their Server in the Sky global biometric sharing database one day, so some people worry that if you lie now you might be exposed in the future. But I can't see the Brits ever opening up access to the PNC.

 

[nick h.]

The telephone number on the US website is £1.20 per min and my work phone won't let me phone it.

Ta.

Just phoning them needs forethought. If you ring to book an appointment for a visa app you'll speak to a helpful British person - who will take your name and then ask whether you've ever been arrested.

 

[trashpony]

Just phoning them needs forethought. If you ring to book an appointment for a visa app you'll speak to a helpful British person - who will take your name and then ask whether you've ever been arrested.

Thanks for the post above - I am always answering this question on here and no one ever believes me

You don't have to meet anyone face to face do you to get your visa waiver do you - I thought you could do it all online?

yeah you can - here

 

[Onket]

I see. Lie then.

 

[berniedicters]

I see. Lie then.

And accept that, if the US must go in for overweeningly restrictive and ludicrous conditions on who can enter their country, they'd have been wise to have a way of backing it up that didn't rely either on people imagining secret databases, or on convicted criminals suddenly having an attack of honesty while they're filling in the form

Have a nice trip.

 

[Divisive Cotton]

it's the "have you ever participated in genocide?" question I would have trouble truthly answering

 

[DotCommunist]

Go to mexico then swim in over the rio grand

 

[not-bono-ever]

Go to mexico then swim in over the rio grand

wade

its about 3 inches deep

 

[Onket]

Has anyone on here actually lied on this new ESTA thing then?

Or is it all just 'I know someone who has' bollocks?

 

[trashpony]

I have lied on the green forms for years and years. I can't see how the ESTA thing is any different

 

[Fruitloop]

Go to mexico then swim in over the rio grand

Cunning. Nobody will have thought of that.

 

[Onket]

I have lied on the green forms for years and years. I can't see how the ESTA thing is any different

Have you looked at the site?

 

[trashpony]

Have you looked at the site?

Yes I have. And they are exactly the same questions as I've answered every single time I've been in and out of the US. I was even held at secondary immigration in LA for about 2 hours when I was coming back from holiday in Mexico (because they were trying to get me to admit to working illegally) and they still never found out that I was a convicted criminal.

Honestly, really don't worry about it. I had no idea you were so morally upright

 

[Onket]

I just don't want to lie if I don't have to and in the process possibly scupper my chances of going over there in the future.

 

[skyscraper101]

If you're that paranoid, go to Canada first and drive in.

They barely look at your passport before waving you over the border, let alone consult the British PNC.

 

[trashpony]

I just don't want to lie if I don't have to and in the process possibly scupper my chances of going over there in the future.

You won't though. They won't ever find out unless you are unable to lie face to face. But I've never been asked. I lived there for nearly 2 years and worked illegally within a couple of years of my conviction. I was nervous the first time I went in but now I don't even think about it.

 

[Onket]

If you're that paranoid, go to Canada first and drive in.

They barely look at your passport before waving you over the border, let alone consult the British PNC.

I don't think I'm being particularly paranoid. Just trying to investigate options before acting. Quite sensible really.

And I don't drive.

 

[Onket]

You won't though. They won't ever find out unless you are unable to lie face to face. But I've never been asked. I lived there for nearly 2 years and worked illegally within a couple of years of my conviction. I was nervous the first time I went in but now I don't even think about it.

So far we've got one person who lied on the old handwritten card system & nobody who has lied on the new ESTA site.

I'm not in any particular rush at the moment.

 

[nick h.]

nobody who has lied on the new ESTA site

Correction - nobody who's admitting to it on a public forum. You are being very sensible, gathering the info. It's not something to take lightly. But you do have all the info now.

 

[pesh]

i've lied on the new ESTA thing (well my mate who filled it in on my behalf did) then we still had to fill in a card on the plane, lied on that too, got in no problem, he had a 10yr old caution for pot, i had an even older conviction for possessing a moody VCR.
this was about 6 months ago, we got in fine, and since then i've applied for a US work visa, come clean about the past record, and been issued a 1 yr work visa despite asking for a 1 month one...
luckily they either didn't notice or didn't care about me having been in the country 6 months earlier and not admitting to my record, despite it being on the visa application.

if i was you i'd probably lie, but it depends on how long ago you got done, and what for, when we applied for our work visas i was told i be should fine but a work mate that knocked out a traffic warden a couple of years back was told not to bother applying as he'd almost certainly get refused, while another member of our group was refused his visa for a 15yo ecstasy possession conviction

 

[Onket]

Ancient caution that I'm not worried about. Conviction in 2003 which has 'expired' (for the purposes of job applications, anyway). Another conviction in 2006.

 

[pesh]

depends what for really, drugs will stop you getting in if they find out, end of story. violence they're not a big fan of either ironically. i do find it hard to believe they have access to all the criminal records of every person in every country thats signed up to the visa waiver / ESTA program thou...
so if you have a rug conviction either lie and see if you get in or forget about going

 

[nick h.]

If they had access to everyone's criminal records they wouldn't need to ask all these questions, would they?

 

[Onket]

Not drugs related, no.