View Full Version : Travelling to the USA with a criminal record...
funkster
19-02-2005, 19:42
I have a dilemma:
My girlfriend and I want to go to America for our honeymoon later this year (we are UK citizens), but I have a criminal record for possession of drugs.
I am supposed to obtain a Memorandum Of Conviction (MOC) from the court, make an appointment with a US Embassy official in London and hope for the best. Apparently it can take all day and several officials are involved in making the decision as to whether I'm allowed in - and if I am refused, I will never be able to enter the USA ever again.
I called the solicitors who represented me in court (by the way, I didn't go to prison, just got a fine and community service) and he advised I just book our flights and ignore the red tape. He reckons US immigration will not have a computer that displays whether someone from the UK has a criminal record or not.
It's a tough decision. On one hand we really want to make this trip through America and really don't want to get refused entry permanently, but on the other hand, being sent back to the UK on arrival would surely be a nightmare honeymoon situation!!
What does everyone think?
layabout
19-02-2005, 20:56
Go somewhere else for the honeymoon then. It ain't worth the stress.
Is it just the one dilemna you have or three?
Does this need to be in three differnt forums?
What does everyone think?
Your solicitor is talking out of his arsehole.
I had to declare just being arrested, (not charged with anything) to get a visa for the USA and that was well before 911.
funkster
20-02-2005, 00:00
Is it just the one dilemna you have or three?
Does this need to be in three differnt forums?
I wanted to get as many opinions as I could. Different people read different forums.
It's a serious issue for me, sorry if it's bothered you.
go to a civilised country instead, mate
Dunno about America but my other half has same type of conviction, same penalty. Didn't have to say anything about it when we got our visas for Australia but when we landed at 4am we had to fill out a card which asked if we had criminal convictions. He just put no. Nothing happened from it.
The US may well be more hardcore though.
smashthestate
21-02-2005, 16:17
go to a civilised country instead, mate
yeah, that's be my advice too.
but if you are set on going to US, IMO just don't mention your conviction and you will prob get let in.
I went to New York in 1998 and didn't declare my drugs conviction and nothing happened. Although this was before 11 September, it was just after the American Embassy bombings in Africa so security was tight. My conviction had already been spent under the Rehabilitation of Offenders act, I'm not sure if that makes a difference.
I think you'll be fine (unless you're a muslim :D )
Your solicitor is talking out of his arsehole.
I had to declare just being arrested, (not charged with anything) to get a visa for the USA and that was well before 911. But if you hadn't declared it you probably would have got in anyway.
upsidedownwalrus
27-02-2005, 07:11
What about flying into Vancouver and then crossing over by land?
PerfectLips
27-02-2005, 13:13
Even if there is only a tiny 0.0001% chance of being found out, I would say dont risk it.
Think what it would do to your new wife if you got refused entry on your honeymoon.
It would destroy me if I was her.
chilango
28-02-2005, 13:18
1/ You have to declare even if you`ve been arrested and then let off/found not guilty - though I know people who simply lied. and got away with it. also there is iirc soem clause where you`re declaration is if the offense was "morally" somethibng or other.
2/ don`t cross by land via canada. canada can be a pain i the ass to get into, and the land crossing there (peace arch) is STRICT. You may be the only non- N Americans cossing, so will get ALL the attention. You could try via Mexico, if you`re white.
3/ Try another sensible instead.
My conviction had already been spent under the Rehabilitation of Offenders act, I'm not sure if that makes a difference.
It doesn't make a difference - the visa is issued under US law, not UK law, and the US state isn't subject to ROA.
The landing cards explicitly ask you if you've been arrested and/or convicted of a criminal offence. (I think the US embassy website has downloads of the actual form). IIRC (but check on the State Dept website), you are not eligible to use the Visa Waiver Program if you have. If you just show up without an advance visa with the conviction box ticked, I would have thought you are asking for a long interview upon arrival at the very least, and a pretty good chance of being denied entry.
There is PROBABLY relatively little chance of being caught out but it is a criminal offence under US federal law. If they caught you while you were there, they could quite easily sling you in jail and if you were lucky, you would just get deported after a while. If you were unlucky, you could get a jail term. Also, if you ever (in the distant future) wanted to immigrate or live there, they could cancel your status/citizenship/residency in a heartbeat if they found out you lied on your landing cards. It's a gamble and it's up to you.
Your solicitor is an irresponsible fuckspud if s/he treats this as "red tape".
funkster
02-03-2005, 10:36
If anyone else has any experiences, please let me know.
The visa waiver form asks: Do you intend to commit any illegal or immoral acts whilst on your visit? I was severely tempted to put 'I hope so'.
harticus
05-03-2005, 09:17
My mate got refused entry into New York last year, he was only going for 4 days to watch Liverpool play on thier US tour. He had a drugs coviction from 10 years ago. He Disclosed on the entry card (coz he wanted to be honest) but he didnt think he would need a waver of any description as he was only going for four days. He had his mate with him who also happens to be in wheelchair, but they wouldnt let my mate in even though he was acting as a carer for his mate. Not only was he refused entry, but he got caught smoking a fag in the toilets and was promptly arrested and had his ankels shackled, he was classified as a hostile prisoner aswell. (he is a bit lary though) but wouldnt you be if refused entry.
In my opiniom fuck the US they can shove their tourism up there arses, go to a more civilised country like china, or burma or the sudan even. I hi Dharfour region is nice and welcoming this time of year.
mellowmoose
05-03-2005, 09:51
Why not go somewhere with a bit more culture and history ?
America is wank.
There is plenty of culture and history. You're obviously just too lazy to bother finding out about it.
The visa waiver form asks: Do you intend to commit any illegal or immoral acts whilst on your visit? I was severely tempted to put 'I hope so'.
Ah, time for that story.
The broadcaster Gilbert Harding - once, apparently, rather well-known in the UK - received a visa form which asked "Do you intend to overthrow the Government of the United States by force?" He answered: "Sole purpose of visit."
KarmaBum
05-03-2005, 15:08
Sounds too stressful.
Why do you have your heart set on America? Maybe we can suggest something similar elsewhere/
funkster
06-03-2005, 11:47
Sounds too stressful.
Why do you have your heart set on America? Maybe we can suggest something similar elsewhere/
My girlfriend has her heart set on a trip through the US. We were planning driving through the desert, doing Las vegas, California, Arizona, then flying for a weekend in NYC, then flying to the Bahamas for a week of chilling out...
I've done all these places in America but it'd be nice to experience them with my girlfriend. The ideal honeymoon would be half adventure/driving and half chilling on a beach - this would fit the bill nicely.
If we decided against it, our next choice would be Malaysia where we could have a mix of adventure and chilling by combining the city (KL) with rainforest/Borneo/orang utans, and then beach...
I know what you're thinking - America and Malaysia are a world apart!
KarmaBum
06-03-2005, 13:19
I see what you mean, it's tricky. They are totally different. You need to get your GF's opinion that's the most important thing.
If America is not a place you are likely never to want to go to again for work or pleasure then I reckon you have to chance your arm now, but get the visa sorted before you go so there is no nasty surprise upon arrival. However if it would make your life restricted in any way, to be banned for life that is, do it later when the stakes are lower and you have more time and propery legal advise.
What I know of Malaysia is:
http://www.visitborneo.com/
From KL to Perhentian Islands you can take the railway through the jungle whetting your appetite for later on.
The Perhentians in the north east Malaysia are specacular. My favourite thing about Malaysia infact. And you can dive there (check you are going at the right time of year, I think you would be). Make sure you go to the larger of the two islands. Very chilled.
But then again two days on a train may not be your idea of fun.
llantwit
31-08-2005, 03:09
Hi
thanks for this thread - I'm having the samedilemma at the moment about the states, so it was good to read about it.
BTW, if you wanna go to Malaysia and want something REALLY special beachwise - check out a package tour to Tenggol Island off the east coast town of Dungun - just 2 resorts, most of thetime you get a tropical island beach paradise to yourself as not many people know the place exists (including most Malaysians), white sands, warm seas and great diving.
Google it for a look.
All the best
I would be very disturbed to think the US authories had a record of UK citizen's convictions.
I myself would chance not telling them but consult with your wife to see if she wants to take the risk, if not go to a more civilised country like afghanistan
trashpony
02-09-2005, 13:04
This question has been asked at least twice in the last month or so - so you may want to do a search and see what's been said.
As I said on the other two threads, if you lie, you won't get found out. If you're honest, they won't let you in.
Two years after my conviction, I moved to the US and lived there for a year, and have been back at least ten times since.
Fledgling
02-09-2005, 21:27
Why not go somewhere with a bit more culture and history ?
America is wank.
Don't ever make the mistake of confusing the American "system" with the country itself, the two are so divorced from one another it isn't worth thinking about properly. I put up with all the crap and once there and travelling around it was fantastic.
We are fed an image of America as a Bush-loving, right-wing, strict and hypocritical wild land and it is really not like that even in the middle there's a real heart to the place and plenty of culture, I visited a great art gallery in Minneapolis, Japanese gardens in Portland, Cannery Row in Montery, Washington DC's Smithsonian and more.
There is just as much cultrue/art etc as Europe, this beleif that Europe or Britian is more cultural is carp, we have older buildings that is all.
Personally I would advise either:
1. Honestly declare it and just explain to the officials EXACTLY what happened and your "remorse". Not all officials there are complete nuts.
2. Fly to Canada, say Winnepeg or as suggested Vancouver, or Toronto and cross by land. Still declare it but at a small customs place they might be more interested than concerned. The remote crossings are full of bored officials, I put up stupid questions from them because the only other traffic was drunken Americans.
3. If you have any US friends try to get them to meet you at the border or in Canada.
But I haven't any convictions so can't say more than this. Ultimately if you're real worried go somewhere else and visit the US another time.
I am so sad that such a great place is being turned into a hypocritical fortress (see any discussion on freedom), it's such a shame and portrays that place in such a poor light.
But then when did government ever represent decent people?
funkster
17-09-2005, 01:24
I don't think they can check.
Hatman2005
05-10-2005, 19:41
So why do they demand that we admit our spent convictions if they cannot check up on them ?
So they can convict you of perjury and deport you if they find out.
MacOSExtended
06-10-2005, 15:12
This question has been asked at least twice in the last month or so - so you may want to do a search and see what's been said.
As I said on the other two threads, if you lie, you won't get found out. If you're honest, they won't let you in.
Two years after my conviction, I moved to the US and lived there for a year, and have been back at least ten times since.
Spot on. I've got a few convictions involving 'moral turpitude' and the sort ( :rolleyes: ) and have travelled back and forth a fair few times on a waiver. No problems at all, they can't check
Go for it.
dogmatique
10-10-2005, 15:13
A friend of mine flew out to Miami for a week to do a gig earlier in the year, he's got a 10 year old conviction for posession of Cannabis (40 quid fine, 1995).
Was pulled up at immigration for the once over, and immediately refused entry once they'd checked his records.
So, if they take you to one side for whatever reason, you're probably fucked.
dylanredefined
10-10-2005, 16:37
Do what the embassy say you have to . Immgration officials in the us have no sense of humour and behave like everyone is a terrorist why ruin a trip by trying to bluff this one .
P.s the quote" is not sole purpose of trip " and they didn't find it funny then .
oh no no no no. border crossings south of vancouver are brutally sticky, especially if you are on a bus (coach)
first, I live in Canada, and would not, repeat NOT try getting into the States without a valid visa. If your visa shows a criminal record of any sort and you are not Martha Stewart rowing pumpkins, you will not get in. do not try this on your honeymoon.
second, anybody know if Malaga, Spain is worth going to? How about as a base for exploring the surrounding country?
not worth it.
come to vancouver!
rubbershoes
17-10-2005, 07:51
second, anybody know if Malaga, Spain is worth going to? How about as a base for exploring the surrounding country?
full of drunk brits. but the surrounding countryside can be lovely. you'll need to hire a car
But you don't have to go far (10 miles) to get to the really nice parts, do you? Is that right or am I misremembering stuff?
spitfire
17-10-2005, 19:08
I went to the US wiith a band in the late nineties and some of them were sent back for moral turpitude convictions. They had attempted to get a visa waiver and failed, then decided to try and be tourists. Didn't work.
Some of these guys have tried again and succeeded (using official channels) so being refused once doesnt necessarily mean you will never be able to get in.
Stick to the boring rules, get a different solicitor. A visa specialist. Alternatively go somewhere else. The INS are a pain in the neck and proper hardcore.
But like the others said above, the yanks are generally open, friendly people it's their govt. that are the problem.
chilango
18-10-2005, 17:09
oh no no no no. border crossings south of vancouver are brutally sticky, especially if you are on a bus (coach)
Yup. You may be the only non N American on the bus, so the Migra can spend the whole time checking just you out.
A nasty border crossing. :eek:
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