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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

1231. Posted by crazy8ball (Inactive 2 posts) 37w

Hi, can anyone help with my question? Post 1214.
Thanks

1232. Posted by travelman99 (Full Member 145 posts) 37w

Dingle - my guess is that they considered evasion and giving false details fraudulent and therefore a crime on moral turpitude.

1233. Posted by Intrigued (Budding Member 4 posts) 37w

Hello everyone,

I posted last year and just wanted to follow up.

I have 2 convictions, one of which resulted in an 8 month custodial sentence.

I ticked no on the esta as I genuinely had not been convicted of the crimes they specified and I have just returned from 10 days in the states. There were no problems whatsoever with entering, in fact I held the line up whilst I was chatting and joking with the officer who was telling me not to drink beer like its tea whilst in the states.

In short, tick no on the esta, be polite when you arrive and you're in. Don't waste your time and your money going down the route of a visa.

[ Edit: Edited on 14-Jan-2016, at 05:35 by Intrigued ]

Post 1234 was removed by a moderator
1235. Posted by Flip1991 (Budding Member 3 posts) 36w

Could anyone help me with my post 1219 please ?

Thank you.

Post 1236 was removed by a moderator
1237. Posted by Andy 1966 (First Time Poster 1 posts) 36w

Hi can anyone help im thinking of going to the usa on holiday i had a conviction of 12 months in prison for gbh in 1999 i served four months in prison will i be able to get in to the usa as this was 17 y9ears ago

[ Edit: Edited on 16-Jan-2016, at 17:55 by Andy 1966 ]

1238. Posted by pepsicanfan (First Time Poster 1 posts) 36w

Another barrage of questions , and yes , I have read the entire thread.

UK passport Holder , I've travelled under the VWP on many occasions previously. Very recently , I was involved in an incident which resulted in my being arrested and eventually receiving a police caution under UK law section 39 for "Assault by beating".

Looking at the FAM 9 manual , this would appear to be NOT a CIMT - either simple assault or battery under US law.

So the first point of confusion. The US Embassy website states ANY arrest , caution or conviction renders you unable to use the VWP and must apply for a visa (in my case a B2 tourist visa)

The question on the recently reworded ESTA website refers to arrested or convicted for "serious harm to persons" etc - to me , this infers that if your offence is NOT one which falls into the CIMT category , then you may still use the VWP , but the US Embassy website and certain immigration law websites would suggest otherwise , so which version is actually correct? If there is no actual need to apply for a visa then naturally I would not do so - nowhere does any information state "If you have ever been arrested , cautioned or convicted then you are ineligible to enter the US" , so they aren't automatically seeking to bar anyone that falls into that category, and I understand the need to screen applicants. I'm also realistic enough to realise that people who self-assess/declare will often seek to downplay their records, in my case I have clearly stated the detail from the caution paperwork for the avoidance of doubt.

I did contact the CBP direct to ask the question (not giving any details of crime etc) , merely asking which set of information was correct , their answer was to submit my documents and they would determine eligibility - again, reluctant to do that and potentially put a red flag against myself if it's not necessary.

I appreciate that as far as we are aware , the UK does not share PNC data with the US unless via an Interpol request , however , in these days of heightened security etc , I'm also not naive enough (or paranoid) to think that the facility does exist just not in an official capacity, and I don't want to run the risk of misrepresentation. One brush with law enforcement is more than enough in a lifetime thank you very much.
I'm quite prepared to go through the visa process should that be necessary , and having read that posters on here have had similar cautions to mine and been granted a visa within a similar short space of time of the offence don't see it as a "waste of money".

But. And there is always a but. A few niggling concerns.

1) Is there a recommended period since the offence to wait before applying? ie if it's very recent it's an automatic refusal
2) If the Embassy determines that it is NOT a CIMT and issues the visa , are the CBP then able to decide that it IS a CIMT and deny entry?
3)Anecdotally , how many people have had the scenario listed above ?
4) Will having a visa (assuming one is granted) automatically result in secondary questioning at every attempt to enter the US?
5) Bearing in mind I'd like to visit the US more than once in future (only for tourism purposes), potential mis-use of an ESTA would surely only reflect badly on me ?

1239. Posted by Curious to ask (Budding Member 5 posts) 35w

Hello, this thread is very interesting and I feel has revealed answers. However, in 2013 I was convicted of a sexual offence. Indecent exposure as I did something stupid. It was in a busy place so there were all type of people including children which was obviously a big concern. However like I said I was stupid and an idiot. Just s crazy thing to do. I was 19.
My main question is, does this count as moral turpitude?
If I lie on the esta could I explain that it was not directly aimed at anybody as it wasn't sexual in any way, however the law in uk covers this in its sexual offences etc .
I got a community payback order of 3 years but was stopped early after 1 year and a few months as I wasn't a risk.
I could attempt a visa in a few years but I have read the posts and people seem to have done literally nothing and get rejected.
Fingerprints and pictures taken of course when arrested.

I'm now 22

Cheers for any replies

1240. Posted by anonymous123 (Inactive 14 posts) 33w

@ curious to ask
As per the US Department of State 'guidelines' on what crimes involving moral turpitude are, 'lewdness' is listed as one. (Look up 'us dept of state moral turpitude' on google and you'll see a few pdf files with the details). I was arrested for a crime also classified as a sexual offence and CIMT, but I didn't get a conviction. AFAIK, and combined with information from this page, you will most likely have no problems if you tick no on the ESTA, but if you ever plan on working/moving to the US, you might face some issues.