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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

1391. Posted by CloudStrife (Budding Member 7 posts) 32w

I posted here a few months ago that I was visiting the USA. Went through preclearance in Dublin without a hitch. I was arrested for drunk and disorderly. The officer was very nice as well. I know I had no need to worry but I did and felt a huge relief once through. Just letting others know.

1392. Posted by CheersT (Travel Guru 2477 posts) 32w

Glad you had a smooth trip.


1393. Posted by Kopidol84 (Budding Member 3 posts) 32w

I just need some opinions on my issue. I am planning to visit the US in 77 days and have only just read up about criminal records and ESTA. I applied for the ESTA in April and was accepted because I answered no to all including the serious harm question. Now I have an extensive if not petty record, most of which was committed 8/10 years or more ago. I don't think I have the time to apply for a visa and because I am visiting my girlfriend, I don't want to mess up my plans. Is there any realistic chance the cbp can access my record through my passport if I continue with the ESTA? Any help/reassurance on this matter would be appreciated.

1394. Posted by Kopidol84 (Budding Member 3 posts) 32w

Just to add: My convictions include Drunk and disorderly, theft, obtaining services by deception, criminal damage and a caution for battery. I am a British citizen

1395. Posted by CheersT (Travel Guru 2477 posts) 32w

Kopidol: Your situation has been addressed countless times. Read the last couple of dozen pages of this thread.


1396. Posted by Lkennedy (Budding Member 3 posts) 31w

I have spent the last two days reading every single post. I am Australian on an Australian passport. Recently was charged for fare evasion/travelling without correct fare and possession of 1.2gm ice. I am due in court soon and expect to have no conviction recorded as the police located the drugs in the slats of a bench I was told to sit on ( by the transport police), and not on me. Obviously once I go to court I will know more but I am going to have to apply for a visa/waiver of visa inadmissability as my husband and two children are American citizens and at some point we'd like to move over there, so lying won't help . I have travelled and worked there before. But I guess my questions are now, for those who have been to the interviews: does having family links to the us work for or against you? And 5 yrs would be an appropriate time to wait before first applying? I am actually devastated and paralyzed at the thought I might never get to see my nephews and nieces and even my silly old father in law again. I'm also assuming fare evasion on it's own wouldn't matter but coupled with drug charge, even if no conviction will maybe be glasses as a moral turpitude fail. I should add I guess that I'm 39.

1397. Posted by CheersT (Travel Guru 2477 posts) 31w

Quoting Lkennedy

I am due in court soon and expect to have no conviction recorded...

If you won't have a criminal record then what are you worried about?


1398. Posted by Lkennedy (Budding Member 3 posts) 31w

I am worried because down the line we will be applying for a spousal visa to live there for a few years and the way I'm reading they view even an arrest as an admission of guilt. If it was just a one off holiday I'd not be worried so much but I'm looking to make multiple trips and a semi permanent move there

1399. Posted by travelman99 (Full Member 160 posts) 31w

No - being arrested isn't admitting guilt.

1400. Posted by Lkennedy (Budding Member 3 posts) 31w

I don think it's an admission of guilt either but I have to declare it, so surely they view it that way? It's going to be a long 5 yrs unless they change the rules a little