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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

1281. Posted by travelman99 (Full Member 150 posts) 39w

Visa Waiver is the ESTA. Technically you're not able to use this due to inadmissibility. Therefore, legally you'd need to go for an interview, and this point they would (most likely) give you a Visa outright due to you being under 18 when it happened. If not, they would almost certainly put you forward for a Waiver of inadmissibility. This would take 6 - 8 months to process, but would give you access for initially a year, increasing each time you apply.

Your UK conviction IS spent, but it hasn't been stepped down, which means it will be appear on your ACPO, and any checks above a basic disclosure. You need to check if "wounding" will ever be stepped down, as usually violent crimes are not. In regards to the conviction in Australia, it looks like they didn't share this back with UK police, so I would forget about this one. Although - because you lived there, the US consulate may ask for the Australian version of an ACPO.

Interpol is a force dedicated to preventing international crime. They work with regional forces to catch dangerous individuals who may attempt to go into hiding. Although you may have been in the area when your mate shanked someone, I don't think you'd qualify for Interpol investigations. The US would only request a persons record if they were potentially arrested in the states, or flagged up on interpol watch lists. So forget about Interpol.

They removed the moral turpitude bit because they are attempting to simplify it, but at the same time get more people admitting convictions. But, they still only care for CIMT - wounding would most likely fall under this.

If it was just a holiday, i'd consider rolling the dice, but its your career. It happened when you were a kid, I'm sure all involved would be understanding - we all make a mistake in life.

However - it's your call. Live the constant worry of being caught and losing your job, or live with the worry of what your job will say if you admit it. I'm in the same position, so I understand this is a rock and a hard place.

1282. Posted by CheersT (Travel Guru 2455 posts) 39w

Very well stated...

Cheers,
Terry

1283. Posted by businessExec (Budding Member 7 posts) 38w

Travelman99

Thank you so much! Really good advice! Now i just need to make the decision! :)

1284. Posted by travelman99 (Full Member 150 posts) 38w

My pleasure - all I ask in return is that you come back and tell us what you decided and the outcomes.

Post 1285 was removed by a moderator
1286. Posted by businessExec (Budding Member 7 posts) 38w

I definitely will report back on my decision and how it goes...we are definite for an American trip!

1287. Posted by Scarlette14 (Inactive 8 posts) 36w

Right there's thousands of comments on here so please no one say read through all the thread. Also a lot of the comments are very old so it's new updated and fresh info I need rather than referring to something that was said 6yr's, 3yr's or 2yr's ago. I need help please, I was convicted of destroy or damage property (value of #5000-offence criminal damage act 1971 only) on 09 March 2005 and given a conditional discharge of 12 months and made to pay compensation of £300 and a fine of £50. I wrote down word for word as its typed on my DBS Enhanced certificate. Problem is we've booked and payed for my wedding this coming December 2016 in New York. I'm having trouble as its a bank holiday trying to work out if my crime is first moral turpitude and secondly is my conviction one with intent or without intent? The actual offence commuted was me kicking the head light on my ex partners previous girlfriends car, the car was an old battered one and I basically left myself open to take the wrap on every mark, dent and scratch. She was a very vindictive person, anyway you live and learn and I regret this completely. But does anyone know if my crime is criminal damage with intent or without intent? I've not filled out the esta yet as if it's intent I'll have to apply for a visa. I'm a uk citizen

1288. Posted by OldPro (Respected Member 284 posts) 36w

I would suggest two things Scarlette14. First if you want to ask here, post a new thread rather than tacking on to a very old one. New threads always get more attention.

Second, having said that, I would not rely on any internet forum for legal advice. There are all too many people willing to tell someone else to 'go for it'. It is not their wedding plans that are at risk after all. My question to those who say 'go for it' regarding questions like this is, 'will you pay the costs if things do not go as you suggested they would?' I've yet to see anyone say, 'yes, I'll pay the bill.' Get proper legal advice.

1289. Posted by Calcruzer (Moderator 1989 posts) 36w

Old Pro's comment above may be helpful in general, but Scarlette14's question is a simple one. It is criminal damage with intent, so yes Scarlette14, you will have to apply for a visa.

[ Edit: grammar correction ]

1290. Posted by Scarlette14 (Inactive 8 posts) 36w

Calcruzer thank you that's just what I needed. So basically my crime is one of moral turpitude then 😖

Do you think I'll be excepted on a visa, I'm going to apply on Tuesday. I'm so nervous it's unreal