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Travelling from the UK to the USA with a criminal record

nogojones

Well-Known Member
Recently returned from another trip to the states, immigration was the usual circus for everyone in the terminal, we were in the esta returning que, some in our party had the finger print and retina scan, he just looked at my passport and waved me through

So the usual advice, terms and conditions in the thread still apply.

Keep your head down and don't worry.
And its not like you ever committed any serious offences Charlie :eek:
 

parachute6172

New Member
I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
I had previously made plans to travel to the USA to visit my brother.

I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.

I'm aware that the caution counts as a "crime involving moral turpitude", something the ESTA application form asks about specifically. I was not arrested at any point and interpreted this as meaning I have no convictions.

Since I am finding a lot of conflicting information about this online and I'm getting seriously stressed out worrying about whether to go, I'd like to ask what people here think. Should I risk travelling on the ESTA I have? Is there any risk of being turned away by USA immigration?
 

existentialist

Fabulous shoes
I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
I had previously made plans to travel to the USA to visit my brother.

I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.

I'm aware that the caution counts as a "crime involving moral turpitude", something the ESTA application form asks about specifically. I was not arrested at any point and interpreted this as meaning I have no convictions.

Since I am finding a lot of conflicting information about this online and I'm getting seriously stressed out worrying about whether to go, I'd like to ask what people here think. Should I risk travelling on the ESTA I have? Is there any risk of being turned away by USA immigration?
Pick a page at random from this 69 page thread, and I pretty much guarantee you will find the answer you're looking for.

In short: there is minimal risk. The US and the UK do not share criminal information routinely. Go and have your holiday in Babylon, and make the most of it.
 

parachute6172

New Member
That's pretty much what I thought, but really I'm looking for a bit of reassurance before going and booking flights. Obviously I'm about to spend a fair bit of money and I'd rather it wasn't wasted. Thanks for your reply!
 

1927

Funnier than he thinks he is.
That's pretty much what I thought, but really I'm looking for a bit of reassurance before going and booking flights. Obviously I'm about to spend a fair bit of money and I'd rather it wasn't wasted. Thanks for your reply!
Even someone who has an ESTA, or even a Visa, and has no criminal convictions or arrests can be refused entry so no one can give you the assurances that you are seeking.
 
It’s absolutely true though. If you have a valid residence visa and pay for an apartment, have a job in the US etc etc they have the right to turn you away at the border. You might not like it, but it’s true
Maybe so, but it Jack's me off when people use this forum to ask for help and advice on an issue that many of us have had and then someone pops up and blows it all out of the water and installs the fear in people again.

With the way it was written even the Queen would be shitting herself entering the country.
 

littleseb

littleseb
I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
I had previously made plans to travel to the USA to visit my brother.

I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.

I'm aware that the caution counts as a "crime involving moral turpitude", something the ESTA application form asks about specifically. I was not arrested at any point and interpreted this as meaning I have no convictions.

Since I am finding a lot of conflicting information about this online and I'm getting seriously stressed out worrying about whether to go, I'd like to ask what people here think. Should I risk travelling on the ESTA I have? Is there any risk of being turned away by USA immigration?
it very much depends on the shopping centre and whether it was before or after 6pm.
 

Newbienew

New Member
Ok after reading through this thread, I am tempted to just tick no on all the ESTA questions.

But, my situation is a little different. My girlfriend lives in the US and all being well in the future either she would move to England or myself would move to the US.

This is where I'm stuck.
I'm told that if I ever tried to move over there in the future, then they would know I'd of lied on my ESTA form.

My convictions are as follows.

1999 common assault. I was attacked outside a bar and pushed the guy back.
He got away with it and I was charged with common assault and criminal damage because he had something in his pocket which he said I broken by pushing him. Sentence was £250 fine and community service. This was my first offence.

2014 I was attacked by someone to do with an ex. I didn't hit back and rang the police instead. (I was trapped in there house and they were coming at me with a hammer).
The police turned up, my ex and the guy and his wife then said I attacked him.
I had no witnesses, no one had any injuries, I was arrested and charged with common assault.
I appealed it and took it to the crown court and lost.
Sentence was community service and £150 fine.

Finally in January 2015 I was at work. I was working 70 hours a week but only being paid for 40.
The manager owed me money for materials I had bought to complete some of the works, but upon payment he only paid me for the 40 hours a week labour. I recieved no money for the materials or the extra work. So I stupidly took the law into my own hands and taken some of the fittings he bought on account and sold them to recover my losses.
He found out and told the police.
I was arrested and charged with theft of employer.

I explained my situation and although the office understood my reasons he said I went about it the wrong way and took the law into my own hands.

Sentence was 150 hours community service and £200 fine.
Later they squashed the community service as I became ill and increased the fine instead.


Thats the only trouble I've ever been in.

Now my situation is do I lie on the ESTA form even though it only says serious damage to property or person (which I haven't done). Or do I go for a visa and then risk not being able to go over to the US? Bearing in mind, if my girlfriend and I were ever to get married then I might one day like to move there or her move here and if found out lying on the ESTA if I ever applied to live over there in the future, then I'd be stuck wouldn't I?

I just don't want to bugger up my chances.
 

existentialist

Fabulous shoes
Ok after reading through this thread, I am tempted to just tick no on all the ESTA questions.

But, my situation is a little different. My girlfriend lives in the US and all being well in the future either she would move to England or myself would move to the US.

This is where I'm stuck.
I'm told that if I ever tried to move over there in the future, then they would know I'd of lied on my ESTA form.

My convictions are as follows.

1999 common assault. I was attacked outside a bar and pushed the guy back.
He got away with it and I was charged with common assault and criminal damage because he had something in his pocket which he said I broken by pushing him. Sentence was £250 fine and community service. This was my first offence.

2014 I was attacked by someone to do with an ex. I didn't hit back and rang the police instead. (I was trapped in there house and they were coming at me with a hammer).
The police turned up, my ex and the guy and his wife then said I attacked him.
I had no witnesses, no one had any injuries, I was arrested and charged with common assault.
I appealed it and took it to the crown court and lost.
Sentence was community service and £150 fine.

Finally in January 2015 I was at work. I was working 70 hours a week but only being paid for 40.
The manager owed me money for materials I had bought to complete some of the works, but upon payment he only paid me for the 40 hours a week labour. I recieved no money for the materials or the extra work. So I stupidly took the law into my own hands and taken some of the fittings he bought on account and sold them to recover my losses.
He found out and told the police.
I was arrested and charged with theft of employer.

I explained my situation and although the office understood my reasons he said I went about it the wrong way and took the law into my own hands.

Sentence was 150 hours community service and £200 fine.
Later they squashed the community service as I became ill and increased the fine instead.


Thats the only trouble I've ever been in.

Now my situation is do I lie on the ESTA form even though it only says serious damage to property or person (which I haven't done). Or do I go for a visa and then risk not being able to go over to the US? Bearing in mind, if my girlfriend and I were ever to get married then I might one day like to move there or her move here and if found out lying on the ESTA if I ever applied to live over there in the future, then I'd be stuck wouldn't I?

I just don't want to bugger up my chances.
I think that your situation is beyond the resources of a bunch of well-meaning people on the internet. I'd speak to an immigration lawyer before doing anything.
 
I'd be tempted to apply for a Visa, a guy I work with had a brawl in a restaurant and ended up with a gbh charge, he got a Visa. The only thing was he was taken aside and asked a few questions when he arrived in the states. They only seem to dislike drug offences when handing out visas.

Failing that, get a new girlfriend.
 

skyscraper101

0891 50 50 50
I just don't want to bugger up my chances.
Firstly, make no mention of a ‘girlfriend’ whatever you do. There’s your first red flag. Same applies to her visiting here, assuming she only has a US passport.

Second. There is no right answer here. Getting lawyers and attending visa interviews is going to cost bare money. Trust me. Personally I don’t rate it to be worth the hassle and the risk of being barred anyway so I’d say nothing. Those questions are open to interpretation. If it goes tits up, that’s when you decide on getting a lawyer, or not. When you’ve weighed up your options and it’s the only way in.
 

Newbienew

New Member
I think that your situation is beyond the resources of a bunch of well-meaning people on the internet. I'd speak to an immigration lawyer before doing anything.
I'd be tempted to apply for a Visa, a guy I work with had a brawl in a restaurant and ended up with a gbh charge, he got a Visa. The only thing was he was taken aside and asked a few questions when he arrived in the states. They only seem to dislike drug offences when handing out visas.

Failing that, get a new girlfriend.
Firstly, make no mention of a ‘girlfriend’ whatever you do. There’s your first red flag. Same applies to her visiting here, assuming she only has a US passport.

Second. There is no right answer here. Getting lawyers and attending visa interviews is going to cost bare money. Trust me. Personally I don’t rate it to be worth the hassle and the risk of being barred anyway so I’d say nothing. Those questions are open to interpretation. If it goes tits up, that’s when you decide on getting a lawyer, or not. When you’ve weighed up your options and it’s the only way in.
Thanks for your replies.

Advice and opinions are much appreciated.

Am I right in saying that I am just visiting a friend over there for a holiday then?

Also she only has a US passport.

When you say the questions are open to interpretation, do you mean that I could possibly get away with ticking No on the ESTA forms?

Once again thankyou for your replies.
 

skyscraper101

0891 50 50 50
When you say the questions are open to interpretation, do you mean that I could possibly get away with ticking No on the ESTA forms?

Once again thankyou for your replies.
*puts on lawyer hat*

Question 2.
“Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”
Define “serious”

*takes off lawyer hat*
 

fakeaccount

New Member
I have read the thread. It's been great. Any returners want to add a successful story from last couple of months? Esta approved, only conviction is whatever the lowest assault charge is. Only penalty was a small fine.
 

skyscraper101

0891 50 50 50
I got the dreaded SSSS on my boarding card leaving London the other day (TSA pre-screening). Had to go into a side room before boarding for them to scan my carry on bag for explosive residue.

Never happened before. But it took all of about 1 minute to get the all clear. No issues at all once I got off on the other side.
 

Jimmybuttler

New Member
Hi guys, I know there are 1000 threads very similar to mine however I'm in desperate need of help.

5 years ago I had a huge fight with an ex-partner (found out she was cheating) ended up with getting a bottle thrown at me, scratched, slapped and had to hold her arms to restrain her. Because I was shouting prior to this I now have an abusive and threatening behaviour charge and a common assault charge. I didn't really know what to do so just plead guilty so I could get home (Had moved to scotland from the south of england with her) and have it done with as soon as possible, I was 20ish and was naive to the consequences of doing so.

Never done a single thing wrong other than this, and even the police officer told me I'd have never been arrested if it wasn't for a big campaign against domestic violence at the time in Scotland as i was covered in marks, scratches etc and she had a slightly red arm.

The problem is I now need to apply for a P1 Visa for a job I've been offered and i have no idea if I'll be accepted, any experience would really be appreciated if possible, thanks!
 

existentialist

Fabulous shoes
Hi guys, I know there are 1000 threads very similar to mine however I'm in desperate need of help.

5 years ago I had a huge fight with an ex-partner (found out she was cheating) ended up with getting a bottle thrown at me, scratched, slapped and had to hold her arms to restrain her. Because I was shouting prior to this I now have an abusive and threatening behaviour charge and a common assault charge. I didn't really know what to do so just plead guilty so I could get home (Had moved to scotland from the south of england with her) and have it done with as soon as possible, I was 20ish and was naive to the consequences of doing so.

Never done a single thing wrong other than this, and even the police officer told me I'd have never been arrested if it wasn't for a big campaign against domestic violence at the time in Scotland as i was covered in marks, scratches etc and she had a slightly red arm.

The problem is I now need to apply for a P1 Visa for a job I've been offered and i have no idea if I'll be accepted, any experience would really be appreciated if possible, thanks!
If it's a visa job, you really need proper advice. Once you tell them something, you can't take it back, so at the least you need legal advice on how to go about not telling them more than necessary. But you need to make sure that what you're telling them is true, because they will check documents for visas, and even if they only later find out something you hadn't told them at the start, they will take a very dim view.
 

ruffneck23

front left
weirdly enough , with my years ago 0.4 gm of weed conviction, ( yes court and everything ) , I've got airside security clearance today at LHR (I was hoping I wouldnt get it so I could lose my job :D, but alas no ) ) so this screening thing isnt all that, just tick no
 

1927

Funnier than he thinks he is.
weirdly enough , with my years ago 0.4 gm of weed conviction, ( yes court and everything ) , I've got airside security clearance today at LHR (I was hoping I wouldnt get it so I could lose my job :D, but alas no ) ) so this screening thing isnt all that, just tick no
Whatever you do, do not follow this misguided advice about a totally unrelated issue!
 
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