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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

1291. Posted by CheersT (Travel Guru 2422 posts) 26w

OldPro's comments are indeed generally good advice. That said however, there are a couple of experts commenting on this thread with accurate, up-to-date advice - especially in the last 20 pages or so.

In any case ditto Calcruzer, your question is dead simple. Yes, it's a crime of moral turpitude so yes you have to go through the paperwork.

Here's the good news: With only one silly conviction from 10+ years ago that involved no jail time and you completed all restitution then your application will very likely be rubber stamped. Simply show up dressed (obviously) very presentable and have ALL possible paperwork with you and unless you are incredibly unfortunate and hit an officer who just found her husband is having an affair with someone who looks just like you then no worries Scarlette, you should be in the clear.

Good luck with the interview and please report back to us.

Cheers,
Terry

1292. Posted by Scarlette14 (Inactive 8 posts) 26w

Thank you so much Terry for replying. I will keep you all informed. The initially problem I had was that when I read the esta application and the breakdown of the crimes on a site called Hub that I firstly mistook that my crime was one not of intent so stupidly booked our flights and hotel. I originally thought the way the question was worded that it didn't apply to me, so I was going to confidently tick no and fly off none the wiser. Then last night I re read all the esta information to realise that id possible made a mistake by doing so in booking our flights and hotel. I've scrolled the Internet for hours since yesterday and was quite surprised at how common this is. It's also the main reason I'd like to be honest even if it means losing my holiday, as surely if it's so common to lie on the esta or to accidentally misinterpret that a crime isn't one of moral turpitude that eventually the Customs in the US will also grow wise and knowing my luck it would happen in December as I fly out. 😖 What will be will be, I'm just going to remain positive and hope they see that I'm not the person I was on that day I broke out of character.

Thank you again and I'll be in touch

1293. Posted by CheersT (Travel Guru 2422 posts) 26w

Tranquilo. It'll be fine.

Looking forward to hearing from you.

Cheers,
Terry

1294. Posted by Scarlette14 (Inactive 8 posts) 26w

Right me again and this is one of them frustrating paranoid posts you've seen over and over again. On this thread about 34 weeks ago a person on here said they had a charge for reckless criminal damage and he was told that it was not MT. Sorry to be a pain but can you explain how mine is and can you explain about the intent. I'm half tempted to change the visa wave now, I'm scared I'll get denied at the embassy and my whole family will lose out on New York altogether and my dream wedding never happen. Sorry to be a complete pain

1295. Posted by OldPro (Respected Member 216 posts) 26w

I'm wondering who the 'expert' posters are in the last 20 pages or so who work for the US Department of State, Consular Affairs Bureau, Office of Visa Services or maybe are just your everyday Homeland Security Border Agents who post on travel forums. Are some US immigration lawyers posting here maybe?

Or is there some other definition of what constitutes an 'expert' in this situation? The best advice I ever received about advice, was that free advice is worth exactly what you paid for it. I'm still amazed that someone talking about a whole group of people's plans for travel, would look to a travel forum for legal advice. This isn't a, get it wrong and it will cost you $10 question. But hey, we are all free to do as we wish I guess.

My advice remains the same Scarlette14. Find a qualified expert (that you can verify is an expert such as the ones I mentioned above) and get the answer.

1296. Posted by CheersT (Travel Guru 2422 posts) 26w

Quoting Scarlette14

Right me again and this is one of them frustrating paranoid posts you've seen over and over again. On this thread about 34 weeks ago a person on here said they had a charge for reckless criminal damage and he was told that it was not MT. Sorry to be a pain but can you explain how mine is and can you explain about the intent. I'm half tempted to change the visa wave now, I'm scared I'll get denied at the embassy and my whole family will lose out on New York altogether and my dream wedding never happen. Sorry to be a complete pain

Scarlette, read Reply #1291 again. Relax. It'll be fine.

In any case what choice do you have? You're obviously not the type of person who can forget it ever happened and sail past US CBP without blinking an eye.

Just follow normal legal procedure. This is no big deal.

Cheers,
Terry

1297. Posted by Curious to ask (Budding Member 5 posts) 26w

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.
Would I even get a visa just by the nature of the offence
?
Any help would be amazing

I'm now 22

Cheers for any replies[/quote]

1298. Posted by CheersT (Travel Guru 2422 posts) 26w

"... 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..."

Not true. No one gets arbitrarily rejected for no reason whatsoever.

Keep your pants on and don't get into any more trouble and when you apply for the visa in a few years you'll likely be fine.

Good luck.

Cheers,
Terry

1299. Posted by Scarlette14 (Inactive 8 posts) 26w

Hi me again with an update. I called UNLOCK a criminal specialist company today for England and Wales and sought professional advice for my predicament. Basically as its now 11 years (technically by the end of April) my charge will only show on an enhanced disclosure not a PNC check. My crime was also one without intent as it was a heated spur of the moment thing during an argument and not me going out of my way to do the crime and neither did I plan to commit the crime. They said basically that to go down the ESTA route and to just enjoy my holiday and to stop worrying about somethings that happened 11 years ago. I was also told that my crime would technically have a different definition within the US and wouldn't of fell within criminal damage but one of malicious mischievousness, they also said that this is also definitely not a crime of moral turpitude and it's actually a crime of automobile damage without intent. They said that many people go wrong by also not finding out what the uk and US equivalent is on their crimes as a lot of the time you'll find the equivalent crime. criminal damage US covers a whole grey area here in the UK it's basically you've either smashed a window or like me kicked a car (examples) so my advice is to first of all do some research and call UNLOCK and find out your situation for yourself and also find out if your conviction is known by something else entirely in the US. it was also confirmed that customs definitely don't have access to the uk pnc system and unless I get blind drunk on the plane and cause a nuisance then it's highly unlikely I'll be picked out. I can confidently tick the NO box because I've not committed a crime of moral turpitude. So anyone in this position in England or Wales contact UNLOCK they are easily found on Google.

1300. Posted by Scarlette14 (Inactive 8 posts) 26w

http://hub.unlock.org.uk/knowledgebase/travelling-to-the-usa-the-esta-form-and-moral-turpitude/

That's a link to UNLOCK phone number is also listed in the contact area