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Travelling to US with a criminal record in the UK

Travel Forums North America Travelling to US with a criminal record in the UK

1201. Posted by travelman99 (Full Member 145 posts) 42w

Hi NicJane

What was the conviction for and how long ago was it, and what do you mean "possibly two"? Are you both UK citizens?

Unless you submit the form nothing will be processed, they can't capture data without your consent other wise this would be breaching data protection regulations.

You don't need a Subject Access Request form (the £10 one you refer to), you instead need an ACPO which costs circa £40 which would stipulate all convictions and cautions that haven't been stepped down. If the conviction is stepped down it will say "No Live Trace".

1202. Posted by Jetsetter100 (Budding Member 9 posts) 42w

Right I've read the WHOLE thread, Cheers Terry seems to have been a huge help to all but I do believe my situation has not been addressed.

I'm UK born and bred, work for a US company. I have to travel twice yearly to the US for business and often tag on a bit of holiday. Always travelled on the VWP and have been every year for last 4 years.

I was arrested for being in the wrong place at the wrong time about 7 years ago, mistaken identity. Once the police looked into it it was all disposed of with no further action. I've never had a run in with the police before or after. The question on the VWP asked previously about 'crimes of moral turpitude' and more recently it has changed to crimes related to serious harm and damage etc. Well what I was arrested for is the equivalent of accidental trespass, a load of nonsense. I could travel to the US by answering the question on ESTA truthfully tick no also having read advice on here a few years ago. Other than that arrest I have no con convictions or anything like it.

Here's the problem, due to work I now need to apply for a B1 VISA. My paperwork is all in order, letters from
employer, ACRO certificate clear etc I know the embassy ask about ALL arrests. I'm not a liar so will again answer yes on the D160, expected to be asked about it which I'm more than happy. I did nothing wrong, have no convictions.

As the embassy I realised expects everyone to declare all arrests which contradicts ESTA what do you think they will make of the fact I've been to the US on the VWP as above? I'm adamant I've been truthful but it's the embassy dishing out the visas and I'm worried they won't like this.

Please can I have any advice and comments. If the rest of my application is all good should I be ok?

1203. Posted by travelman99 (Full Member 145 posts) 41w

I fail to understand why do you need to apply for a B1 visa? This type of travel is covered by an ESTA.

Even so, the US won't care as you've never been convicted or cautioned, so how would they know unless you tell them, and how would YOU even prove you'd been arrested as arrests do not show up on an ACRO, the form which they reference.

Seriously please have some consideration for people on this thread, this is a forum for those WITH convictions and cautions, who are stressed or panicking due to silly mistakes they made in the their past. You have no problem here.

Enjoy your business trips.

1204. Posted by Jetsetter100 (Budding Member 9 posts) 41w

Sorry I should have said I now need a B1 visa due to the recent changes to the VWP in dual nationality, I have a parent born in one of the countries and under their law I have dual nationality. The new rules require unlucky people like me who despite being UK born and bred and having never set foot in one of those countries need to apply for a VISA.

As you rightly point out if it wasn't for this I would, as always use the VWP. The fact that I now need a VISA means I will be asked on the D-160 about arrests and hence my concern (as I've just recently found out) that as the embassy points on its website out 'any arrest no matter if it didn't result in a conviction' they will have a problem with the fact I used the VWP previously. In my eyes I answered the ESTA question correctly and truthfully but the embassy could think should have come to them first. It's so ambiguous but it's the embassy that gives visas not cbp and the state dept who ask the ESTA question.

I'm very grateful to you for putting my mind at rest but does this clarify your advice to me in anyway?

I haven't come on here to antagonise so I apologise if anyone feels that way. I'm on here as there is clearly some really helpful people with knowledge on this type of travel issue. We all know the system we are dealing with and mine is a genuine concern I could be refused (unfairly accused of misrep) on a technicality when I complete the d160 and attend an interview. lying is not my style and as I say I did nothing wrong but if I'm asked a specific questions I have to answer it.

I would prefer to be honest on the form and at the interview but fear it will be held against me by the consular officer.

Any further thoughts/advice now you have more detail?

Thank you once again :-)

[ Edit: Edited on 01-Jan-2016, at 06:26 by Jetsetter100 ]

1205. Posted by rowand28 (Budding Member 2 posts) 41w

Hello forum :)

Sorry if this has already been asked (I'll admit I didn't read all 121 pages of this thread!) but I think my case is perhaps unlikely to have come up so far.

I have a drink driving conviction in the UK dating back to 2005, I received a 12 month driving ban and a fine. I visited the US in 2011 for a few days and decided against admitting my conviction as I didn't want to go through the whole visa process for such a short trip, and was allowed in the country with no problems (flying into Florida from Colombia).

I'm planning to visit the US again for a longer (4 1/2 month) trip this year so now have to apply for a B2 visa. I was originally planning to admit my conviction but now am a bit concerned about whether i'll be turned down if I do, as they'll realise that I wasn't truthful when I made my first trip there in 2011.

Anyone been in a similar position or feel able to offer advice? It's much appreciated :)

1206. Posted by travelman99 (Full Member 145 posts) 41w

Hi jetsetter

Sorry if I came across aggressive, it wasn't my intention. I assume you're from of the Middle Eastern countries that America wants to make entry harder for? Either way, they can't see your arrest as its not on the ACRO form which is all they ask for. The only way they would ever find out is if you tell them, and I think you'll make a lot of problems for yourself if you do.

Rowand - you will have to supply the embassy with an ACRO for a B2 due to the length of time you're going. This will show up with your conviction, and they will then raise the question about why you lied on your previous ESTA. You may get some problems I'm afraid.

1207. Posted by Jetsetter100 (Budding Member 9 posts) 41w

No offence taken! I'm grateful for the time you have taken to help. Yes, I'm born and raised in the UK but have parent from one of those countries.

I appreciate your advice but why would it open so many problems, my arrest was not a CIMT and it was dropped. Whichever ever way you read the ESTA question there is no way it was so I answered truthfully.

The other issue is if they do ever get closer access to records anyone who isn't truthful could be in a lot of trouble as its a deliberate misrepresentation.

Sorry, I'm just trying to understand.

1208. Posted by rowand28 (Budding Member 2 posts) 41w

Hi travelman, thanks for responding!

I know that if I declare my conviction I have to provide the ACRO- I'm wondering if I could get away with not declaring it at all, and therefore not having to provide the ACRO (you only have to do so if you say you have a conviction) , or do they have details of UK criminal records on their system? I'm not sure if they do as I made it through customs last time with no problems (and that was coming from Colombia as well, which might arouse suspicions of its own as well!).

1209. Posted by Nicjane113 (Budding Member 2 posts) 41w

Hi, Yes we are UK residents (Scotland). He had 2 minor assault charges in 2014.
We decided to investigate the ESTA and see if my boyfriend could answer the questions honestly and as they only referred to serious assault he felt he was not being dishonest.
I also looked up 'moral turpitude' and it only referred to serious assault also.
We submitted the ESTA and it was approved so we will now book our trip!
Thanks for the help.

1210. Posted by travelman99 (Full Member 145 posts) 41w

Nicjane - I'm pretty sure if you have more than one conviction it makes you inadmissible. However, what the ESTA asks, and what's stated on the consulate website are two difference things.

Either way, you've filled it in now. Enjoy your trip!