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Travelling from the UK to the USA with a criminal record

Discussion in 'New York/US' started by slish66, Apr 26, 2006.

  1. Reekydeeky

    Reekydeeky CrystalXXX

    Thanks!! Will post if it works out or not!
     
    trashpony likes this.
  2. JASONMARTIN

    JASONMARTIN Member

    do think USA with stop me at border when i fly from UK. Bcos i Said on the E-visa for Canada that i was arrested and sent them my police certificate and that was rejected.

    USA share records with CANADA on evisa so it would show up on the USA border PC when i give them passport ?
     
  3. pizzasocks

    pizzasocks New Member

    I got arrested for possession of Class A and B and for taking a car without the owner's permission although I didn't commit any of the crimes above, unfortunately I was in the wrong place at the wrong time and was put in custody and then released hours later with no charges.

    I was flapping in panic a few days beforehand when I read on the embassy site that they say it is not recommended to travel with an ESTA even if you have been arrested with no charges. I looked at this forum and did what you guys suggested.

    I got in with no issues at all. All they will do is ask you questions on why you are coming to USA and a little about your background, they asked me:

    "Why are you coming to USA?" - Holiday
    "How long are you staying for? - 2 weeks
    "Are you with anyone today?" - With my friends
    "What do you do for a living?" - explained my job

    One thing I do recommend is to keep your phone away until you get past security, they stopped my friend and asked the same sort of questions.
     
  4. laceyb22

    laceyb22 New Member

    Hi

    I'm a wanting to go to New York later in the year but I have been arrested I think 3 times previously (over ten years ago when I was young and stupid ) and not sure of the full details or what is on record. If i apply for my ACRO will that affect anything, e.g. Will I have to go down the visa route and not lie on the ESTA?

    Here's how it is:

    2000/2001 arrest for criminal damage which didn't result in any conviction or caution (not moral turpitude)

    Around 2004/2005 arrest for suspected abh - this case was thrown out without any conviction or caution (as the person who said I harmed them was lying and cctv showed that they attacked me and it was 100% self defence) I'm not even sure if I was technically arrested as I went to the police station myself and told them what happened and made a statement ... maybe I was arrested on paper?

    Around 2006 poss early 2007 arrest for common assault for which I got a caution. (Not moral turpitude)

    I'm most concerned about the abh one as this could be against moral turpitude as per Wikipedia and the others are not, for this reason I wanted to apply for the ACRO and see what was on there but not sure if that will complicate things if I decide to do the ESTA.

    Also would I get declined for a visa if it was on there, along with the other arrests and caution?
     
  5. Welshman

    Welshman New Member

    Just joined so a new member.

    Firstly what a fantastic forum which I have been reading now for some time.

    My question is this, in 2002 I travelled to the US without realising that the ESTA system had come into place and just filled in my form on the plane ticking no to every question and didn't think anymore of it and I got in ok.

    I want to return with my girlfriend next year but obviously since 2002 things have moved on and got tighter.

    I do plan to do the same as I did last time and keep my fingers crossed. I do have convictions but never done time.

    I do understand that filling in the ESTA form on the plane just gives you pre-clearance and everything depends on what happens at Border control.

    Can anybody confirm if checks are done in the US while the plane is in mid air. What I mean is with all the ESTA forms completed are they forwarded to the destination airport customs for them to check before the plane lands? It seems far fetched put 8.5 hours is ample time for that to be done?

    I suppose they would then have to check databases and I have heard conflicting information on what the US have or share with the UK. Some say they share criminal information while others say they don't.

    Finally my new passport obviously has a chip in it, does this chip carry any information of criminal records.

    Many thanks in advance.
     
  6. Welshman

    Welshman New Member

    Would really appreciate it if somebody could advise me please?

    I appreciate people come on here, get their answer and never post again but I am genuinely a long time reader of the forum despite never having had a reason to post on here before.

    I appreciate all the answers are on here somewhere but to be honest there is just as many posts saying the opposite.
     
  7. TruXta

    TruXta tired

    Too many unknowns there. I don't believe chips carry info on criminal records, but who knows? Fact is loads of people with such records make it into the USA by telling lies.
     
  8. TruXta

    TruXta tired

  9. 1927

    1927 Funnier than he thinks he is.

    You cant fill in ESTA form on plane anymore. You have to apply for it online before travel, if you haven't you want be allowed to board plane in first place.
     
  10. pizzasocks

    pizzasocks New Member

    You will fill a customs declarations form on the plane and you will need to hand it in to customs when you arrive in the USA along with your passport.

    The ESTA you will need to apply for online and pay about £10 for about it, recommended to do it as early as you possibly can because if that's denied then you're boned and you'd have to go the visa route which seems very tedious by the sounds of what other people are saying on here.
     
  11. 1%er

    1%er Well-Known Member

    I'm not sure using the term "pre-clearance" is helpful as some may assume it means you are "pre-cleared" to enter the USA. The ESTA only determines the eligibility of visitors to travel to the United States under the Visa Waiver Program, it doesn't grant entry, that is determined at boarder control for people traveling on an ESTA.

    Being picky here but wouldn't want people to get the wrong idea :)
     
  12. TruXta

    TruXta tired

    Fair enough
     
    1%er likes this.
  13. robyn_20

    robyn_20 New Member

    Hello,

    I have read through this forum a fair bit and although my question has probably been answered, it's slightly different and just wondering whether anyone has any further information

    My boyfriend spent 3 years in prison due to section 18 (gbh with intent). He is currently on license which finishes next year. I am assuming the usual advice of 'go on the esta and don't say anything' will be given but will he be caught due to the crime being so recent? We want to travel next year (after his license has finished). Do you think it's too risky with the crime being so recent?

    Any advice appreciated!
     
  14. trashpony

    trashpony Never knowingly underawed

    Get a new boyfriend
     
  15. robyn_20

    robyn_20 New Member

    Excellent. Expected that type of reply from you trash :)
     
    trashpony likes this.
  16. wiskey

    wiskey Albatross Admirer

    I wouldn't plan on going to the states with him, go with a mate.

    Or see above advice.
     
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  17. trashpony

    trashpony Never knowingly underawed

    I don't like to disappoint :thumbs:
     
  18. robyn_20

    robyn_20 New Member

    well theres been no advances on my problem, therefore we are well and truly fucked it seems...
     
  19. 1%er

    1%er Well-Known Member

    The crime being so recent shouldn't really make much difference as the British police still do not share there database with the USA. I would offer one word of caution, and that is if his conviction made the newspapers the USA could have that information on file.

    The US Government (and the TSA) has become paranoid in the last few years and I wouldn't be at all surprise if they scan newspapers and have their own database of convictions that are reported in the press in other visa-waver countries. If they do, I'm not sure how detailed they'd be as names and district are likely to be the only information they'd get from press reports, unless they do some digging.

    I think if you just answer NO to everything on the ESTA and it is granted, don't make any admissions when you arrive in the USA, they can't check.

    Also if you haven't booked anything yet, fly from the Republic of Ireland if you are still concerned as they have customs and immigration clearance at the airport in Ireland, so if he is refused you don't have far to travel back.

    Edited to add: Once you are cleared in Ireland, it used to be the case that when you arrived in the USA you were treated as a domestic flight passenger, I'm not sure this is still the case after Trumps review of this agreement, but I'm sure if you Google it you find an answer, but as far as I know it is still the case.

    Good luck
     
    Last edited: Oct 2, 2017
    trashpony likes this.
  20. Welshman

    Welshman New Member

    Hello again, many thanks for the very helpful replies and for making things much clearer for me.

    Just one final question on this particular subject if I may? - The clear recommendation is to fill out an ESTA form online at the earliest opportunity which I understand, however if let's say I did this two months before I traveled, is that not enough time for personal backgrounds to be looked into before the person who has applied actually arrives in the US? In other words, let's just say my ESTA is approved in March 2018 and I travel in May 2018, isn't that giving sufficient time between the two for a more in depth check into my background to be carried out with any findings then being passed onto the US border control who could reverse the initial decision once I'm across the Atlantic?

    Thanks again.
     
  21. joustmaster

    joustmaster offcumdun

     
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  22. Supine

    Supine Rough Like Badger

    This thread is like a honey pot to attract criminals to u75 :hmm:
     
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  23. jdog

    jdog New Member

    Could anyone please tell me that if i applied for a Canadian visa last year and it was rejected, whether the USA will know this and refuse me an ESTA?
     
  24. pogofish

    pogofish Testicle Hairstyle

  25. Justdoit

    Justdoit New Member

    Bit of a situation here:

    I have been to the States several times on VWP, by ticking no to the conviction box (had a drug charge 28 years ago). I am now married to a US citizen and am applying for residency.

    If I stay in my country and go through consular processing, I have to produce a police record. (expunged convictions don't apply, so, snapped). Also not sure if I would be eligible for waiver. And even if I am, that's another 6-8 months, and no guarantee.

    If I go through adjustment of status in the States, I don't have to produce a police record but still get asked the conviction question in the application..
    Either scenario if I'm caught out, misrepresentation on convictions AND vwp....ban.

    I understand the countries don't have access to the databases of each others for VWP purposes, but what about when they do the FBI check for immigrant applications?
    Doing my head in. What to do, what to dooooo.
     
  26. Waveydavey

    Waveydavey New Member


    I'd get the acro n see. Can't see it hurting...

    "Arrest events that do not result in conviction will also appear. In other words, if you were arrested and the police took no further action (which may be shown as NFA on the disclosure document), or you were found not guilty at court the details surrounding this may appear on your disclosure." From acro website.

    You will prob get a visitor visa but it's slow. I think the acro gotta be within the last 6 months.

    Other people seem to have got in by bullshitting esta. Breaking law like that n getting caught will get u banned more seriously so depends how imp the trip is. I know a guy who knows a girl who got taken off a plane for a caution for herb smoking from when she was 17!
     
  27. Waveydavey

    Waveydavey New Member


    Go see a lawyer as your need isn't just a trip and u don't wanna screw up future ability to visit.

    28 years ago it might not even appear on your uk record.

    If it does then from my experience I think you'll get visa, so long as it was only once n hopefully not class A drugs. From what I can tell they prefer heavy violence to drug user!

    Very militaristic place. Get your wife to emigrate somewhere cooler
     
  28. Waveydavey

    Waveydavey New Member

    Probably 90% of people on here have smoked a spliff once. The others prob stole something once. That makes us all criminals!
     
  29. Waveydavey

    Waveydavey New Member


    I think he got no chance of going for around seven years. Unless it was a Muslim he beat up? Maybe then he'll get the red carpet.

    But yeah really I hope he had a good reason to earn that charge otherwise def get a new boyfriend and go somewhere more interesting on holiday
     
  30. Fez909

    Fez909 toilet expert

    A genuinely new question! Well done :)

    Tricky one this. If you hadn't been lying on the VWP visits I'd say fess up and go the normal route, but now that you have, that's all on record and could be used against you when applying for residency.

    I have no idea about the adjustment of status rules. If you don't have to produce a police record, then that sounds like you're good to go? I'd carry on lying I think.

    But meh. Not a great situation...
     

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