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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

1401. Posted by makkypink (Budding Member 3 posts) 36w

Hello to everybody

I tired and sad because me and my husband had a fight, he called the police but they arrested him for Assault a person thereby occassioning actual body harm...

He trow the broom and I had a bruise (really)

However because I never give an statement and refuse to give evidence he was release without charge because:

"there is insuficiente evidence to provide a realistic prospect of conviction"

So no charges, no cauction, no convictions

No criminal record never

He is going to the superbowl next year...

Can he just apply por an ESTA and forget about the arrest?

Please, I need an answer dont tell to read the full tread because I already read and I just need peace: an answer

We are british citizens

1402. Posted by travelman99 (Full Member 166 posts) 36w

No criminal record.

Surely you've answered your own question.

1403. Posted by makkypink (Budding Member 3 posts) 36w

Quoting travelman99

No criminal record.

Surely you've answered your own question.

Thank you I feel so much better

I was scared because he was arrested but free to go without charges but in ESTA said ABH is a moral something offence...

So we will be fine is he only said NO?

Im feeling crap because for something so stupid he was arrested... He loves american football will be terrible if he can go anymore because an stupid fight

1404. Posted by Mike1990 (Budding Member 13 posts) 36w

Amenicycinema thanks for your reply around 3 weeks ago. Really appreciate it.

I've just got back from America and would like to share my experience.

I have a criminal record from around 7 years ago for ABH and applied for an ESTA but got denied as I answered truthfully so had to go down the visa route.

Long story short I got accepted for a visa which took around 10months to get all together. 3 month wait for an interview and a 7 month wait to get accepted.

I was still a bit nervous about travelling to America as its still not guaranteed entry. When I arrived at LAX, I went to the immigration officer as normal but he said as I've been arrested I'd need to go to a separate room for an interview.

I got taken through to a waiting area which was full of other people waiting for an interview for various reasons.

3 hours later and I finally got called up for my interview. If you are travelling with people please let them know that they're going to have to wait a while. My friends weren't too best pleased having to wait for me and you can't use your phone in there either so can't tell them. Anyway, my interview literally lasted around 5 minutes and he then stamped my passport and let me in. He asked the basic questions like what are my intentions in the US and where I work etc. I got a pretty pleasant immigration officer but I see that others were quite moody so it was the luck of the draw.

I also overheard a Philippino lady say she was going to America to marry her US boyfriend and she got denied entry and sent back home.

Once you've been approved, you can fly all around America without having any immigration problems whatsoever. You only have to have the interview if you left the US and then returned.

Hope this helps anyone and if anyone has any questions, I'll try my best to answer them.

I do have a question as well.

My visa expires at the end of this year as it was only valid for 1 year. When I renew my visa, are they likely to issue it there and then at the embassy, or am I going to have to wait another 7 months? Thanks in advance.

1405. Posted by travelman99 (Full Member 166 posts) 36w

Thanks for coming back and sharing your story - it's crazy that they make you jump through so many hoops for a crime committed 7 years ago!!

Anyway, yes you will have to reapply for your Visa and go through the whole process again. My advice is it to start the process 8 months before your Visa runs out. Generally you will get longer on your Visa each time you apply.

As you've already been accepted, it's just a formality to have to apply again - the joke is, that it will cost the same and take the same amount of time.

1406. Posted by Mike1990 (Budding Member 13 posts) 36w

Yeah that does sound a bit ridiculous as I'd have an updated ACPO certificate and it would show that there have been no further incidents. Thanks for your reply, I best get reapplying then.

1407. Posted by broxyburd (Budding Member 7 posts) 36w


How did they know you had been arrested??

I thought the USA and uk don't share criminal


1408. Posted by Lucretia2016 (Inactive 14 posts) 36w

Hi guys just an update I posted a few weeks ago about my partners 3 convictions he has been sent for a medical if he passes that the he should be issued a visa :) I will update you again once we get the defiant yes or no, the ABH charge wasn't the issue it was the battery only because it was 2 years ago and was drink related. hope this helps anyone who is ever in a similar position :)

1409. Posted by travelman99 (Full Member 166 posts) 36w

Broxy - read his post properly, he was honest on his ESTA, thats how they knew.

Lucretia - thanks for the update. Is the medical a drugs/alcohol test? I'm surprised the ABH wasn't an issue based on Mike1990's feedback and having the same conviction.


1410. Posted by Lucretia2016 (Inactive 14 posts) 36w

Nope ABH was no issue. Drink related offence. ABH was the lowest form as it was at a magistrates not crown and it was over 10 years. If he didn't have the recent battery he would have been give one straight away hopefully medical goes well and application is approved :)