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Travelling to the USA with a criminal record...

trashpony said:
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.
 
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.
 
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 .
 
U.S., Spain

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?
 
rdragon said:
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?
 
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.
 
rdragon said:
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:
 
if it's for a holiday then, don't declare it!
I declared mine and they blatantly hadn't got a clue what the visa was for at the US-canaa border crossing for even after I'd given all my details to their embassy in London. I don't think they have a clue in the vast majority of cases. Also if you declare to the US and fly to Canada prepare to be searched and questioned good and proper, I found the American border ppl chilled out but the Canadians proper wankers to deal with.
 
I've heard what can be a good idea if you're "at risk" of not being let in, like, is to fly to Dublin as there's a US immigrations visa doo-da there, so if you have your records properly searched and you're not allowed into the US, it's not too much bother getting back to the UK... heh, you could just chill in Ireland instead. Beats arriving in LA/NY and getting told to fuck reeet off, plus having to buy the flights yada yada.
 
See following from Lonely Planet travel forum: (dated Sept 2009)..

"Hello to all.

I have recently been granted a US tourist visa from the embassy in London. I had to apply for a visa because I had 2 cautions for possessing class c drug around 4-5 years ago.

Hopefully this post will help answer any of your questions. 'Cartonblue' is correct in what he/she posted so ill try not to repeat.

I had already paid for my trip before realising that I needed a visa. This is the process I followed including costs.


Applied for police certificate from ACPO - £70 4 day responce. (£35 one can take 12 days)


Phoned embassy to book appointment (£15 phone charge) where I was instructed to scan certificate and completed VCU 1 form and email across for them to approve.


Received email confirming approval. I then had to phone embassy again (£10 phone charge) to book appointment (£85) using only visa or mastercard. I managed to get an appointment for 7 days later.


Travelled to embassy complete with necessary forms. Booking confirmation, VCU1 form, police certificate, passport, DS-156 form, DS-157 form, flight details, bank statements.


Sat and waited for my number to be called before approaching kiosk and handing over forms. Sat back down and waited to be called to another kiosk. Here I discussed my cautions, reasons for visit etc with an official. She confirmed then that I had been approved for a visa (which was a great relief). As my case didnt need referring and was confirmed on the day I recieved my passport back 3 days later complete with visa (£15).

Total cost then = £195 + travel costs and day off work.
Total time from start to finish = 23 days.

I would recommend that if you do have a caution that you declare it and apply for a visa. It will cost some time and money but if you allow for this when planning your trip it will make your trip more enjoyable as you wont be stressing about getting into the country.

Like I said previously, I hope this has helped you but if you have anymore q's just post them and ill try to answer.

Enjoy your hols people. "
 
Does anyone know if u can enter the usa whilst on bail in the U.K??

I realise you asked a month ago but if you look at the green I-94W form here: http://www.3viajesaldia.com/wp-content/uploads/2008/07/i-94w.JPG

Question B on the right hand side asks "Have you ever been arrested or convicted..." for an offence or crime that's one of several categories. So if the charge falls into one of those categories (whether or not you were convicted, or the charges were dropped/substituted, or it's "spent" in the UK, or you're on bail), yes, you are supposed to declare it.

(BTW, I am completely ignorant about this: if you're on bail, are some sort of travel restrictions part of the terms automatically or would they have to be specifically imposed?)

(Double BTW, I am completely clueless about whether they still bother with the I-94W now they have that electronic system in place or whether it's the same questions on both or whatever).
 
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.

I agree here , the US is spectacular in it's landscape and it's art. It's just that Europe has far more layers of culture and is also denser. It's towns have evolved organically over generations and obviously it's far more multi lingual.

I'd advise not spending a honeymoon in the US though,
 
America has a great apeal, in many ways, from the amazing nature to the circus of different peoples there etc. However, the idea that you have to declare an arrest even without conviction is in the least hurtful and just morally wrong, and in the extreme surely some kind of human rights contravention - at least it feels like it. People in a civilised world should always be considered innocent unless/until proven guilty. To treat everyone as a potential bad person because they were a victim of one of life's bad days isn't easy to accept as civilised. 9/11 was bad, very very bad, so we have to try to understand why the Americans are being so cautious, but the reality is, if the bad guys want to hurt the US then they're not gonna send fanatics with records of arrest, they're gonna send bad guys with clean slates. The terrorists are evil, not stupid. I'd take my holidays elsewhere, and stop hurting, it's not worth it.
 
so I've been looking in to this and have found something interesting that I felt i should share:

9 FAM 40.21(a) N2.3-4 Intentional Distribution of Controlled Substances
(CT:VISA-1810; 02-23-2012)
The Board of Immigration Appeals has determined that a conviction for the intentional distribution of a controlled substance or a conviction for drug trafficking is now considered to a crime involving moral turpitude. A typical drug statute that would constitute a crime involving moral turpitude is “possession with intent to distribute.” In order to be a crime involving moral turpitude, a conviction is required, as an ineligibility under INA 212(a)(2)(C)(1) based only on “reason to believe”, and not a conviction is not a crime involving moral turpitude. The mere possession or use of a controlled substance is not a crime involving moral turpitude.

this is the document that I found it in http://www.state.gov/documents/organization/86942.pdf
 
Note for minor offenders: go to Canada or Australia instead! (fly direct to Canada, do NOT pass through US airspace) As long as you've not been in jail for 12 months of more, Australia will let you visit. Canada are a lot more liberal to offenders than their US counterparts. Plus, if you're an EU passport holder - make use of it and visit some great countries on the European mainland visa free (France, Germany, Spain, Portugal, Denmark, Sweden, Austria, Italy, Poland, Czech Republic etc). If the Yanks don't want your tourist dollar$ then convert them to €uro's, or Canadian Dollar$ instead. Give your custom to a civilised country. I've been to Florida once, wasn't impressed. I wont be back though, since my breach of the peace conviction "might" get me stopped at US Border Control. As far as I'm concerned, they can stick their country up their ar**. Their food is revolting, they all act like spoiled brats, they are forever shouting and demanding everything. Irrespective of my conviction, I still wouldn't go back anyway. Canada is a different story, the people there are civilised and warm/friendly. I recommend Toronto! It's a wonderful city, and the people there are ultra friendly and have humour, something the Americans don't have. Tell a yank a joke and their response is "geeeeeesh, I keent understeeeeend"
 
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