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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

1491. Posted by travelman99 (Full Member 145 posts) 2w

Hi Josh

3 convictions, two I believe being of moral turpitude, would make you quite ineligible for both visiting, and living in America at this stage. Because it also only happened two years ago, i rate your chances of getting a waiver slim to none at this point.

However, if you hold down a good job, own a house, and can prove you're a reasonable human being, would all stand you in good stead - but your best bet is to be good for another 3 to 4 years and try then. Spend some time researching the inadmissibility clauses for your answer on the consulate website.

... Yes they are serious, someone broke into my house and stole my car the other day and it's pissing annoying, but a drugs caution is also just as serious to the US so it makes little difference.

Cheers

1492. Posted by joshfigs (Budding Member 2 posts) 2w

Morning Travelman!
Thank you for your quick reply. It's not really what I wanted to see but I appreciate the help and the honesty, thats what I came for!
I have read quite a bit of documentation for inadmissibility, however couldn't find much on the terms for the waiver of inadmissibility, it looked like a personal circumstance basis, although did read the two convictions of moral turpitude rule. Based on that I presumed I might have had a chance of still being able to go, would you say I should at least try? I'll get my police certificate and see exactly what it says, but surely trying now I have nothing to lose right?

Thanks again for your help, much appreciated. Josh

1493. Posted by Dexter67 (Budding Member 7 posts) 2w

Hello

Just and update only my last post below which I have abbreviated.

I just received the acro police certificate and it comes back 'no trace', which i'm sure is because my convictions are so long ago.

So i have a couple of questions which I'd appreciate some opinions on.

Will the embassy be happy with that? or will I need to get some other documentation of my convictions. I do have a subject access request from the police I did a few months ago which details the convictions, dates and court, but no further details about the crimes other than charges.

Also, in going through all this, I suddenly remembered I got arrested a couple of times as a kid and got a caution on at least one of the occasions. They were for steeling car badges back when the beastie boys were big, which I was arrested for and got a caution. The second occasion I was with some friends who set fire to a bush, I can't remember if I was arrested or the local police just came around my house to tell me off because. These both happened when I was 11-14 years old.

My question is should I also mention these things, as the do not show on the acro or on the subject access request from the police?

With only one conviction as juvenile (ABH) and one as an adult (criminal damage) I was hoping might have a good chance of the visa rather than have to do the waver of inaccessibility? Of course I'd take either over nothing.

any thoughts would be greatly appreciated.

Thanks!

Quoting Dexter67

Hello all

I will be travelling from the UK and I have 2 convictions in the UK.

The first was committed when I was 15 and convicted when 16 for ABH. I'm now in my 40s. I'm really ashamed of this but I basically hit another kid a few times who I didn't get on with.

The second offence was for criminal damage when I was 21. A year prior to this offence I was set upon by a group and badley beaten. One day I saw one of the group on his own in a car I wanted to have it out with him, but he wouldn't get out of the car and wound the window up, out of frustration I hit the window and it smashed. The car actually belonged to a lady, who brought it over to my house the next day and I put a new window in for her. But I was still charged and convicted.

I think because I'll need to do short visits for work I'll need to get a visa. Given one of my convictions was as a juvenile (ABH) and the other I don't think is serious and therefore not moral turpitude is it likely I would I get a visa?

Is there much chance me getting the visa or the waver of inaccessibility?

[ Edit: Edited on 08-Sep-2016, at 02:00 by Dexter67 ]

1494. Posted by travelman99 (Full Member 145 posts) 2w

If it says "no trace", the convictions have been wiped. "No Live Trace" is when the convictions have been stepped down, but are still available on your record, but only the police can view this. Double check the terminology they use.

If it say's no trace, then tick no.

Cheers

1495. Posted by Dexter67 (Budding Member 7 posts) 2w

Hi travelman99

Thanks it actually say no live trace, so they have just been stepped down.

So the visa route I suppose

1496. Posted by travelman99 (Full Member 145 posts) 2w

Hi

Yes the "no live trace" is a bugbear of mine, as it's only a thin veil. Anyone who sees it will know that you've had previous run in's with the law. It's unfair - if convictions and cautions are stepped down, they should be removed from any public facing certificates.

However, some good news for you. The caution you received under 18 wouldn't could, and the criminal damage is most likely not a crime involving moral turpitude. Plus, with the time since your cautions/convictions, you would probably get a straight up Visa, and at the very worst, a shoe in for a waiver.

Ta

1497. Posted by Worldtravel62 (Budding Member 2 posts) 2w

Hi

Many thanks to all who have contributed to this thread. I am in a very similar position as CH26 and would really value your comments on applying for an Esta. About 20 years ago my wife accused me of some discipable acts which ended up in being taken to the police station- I don't even know if I was arrested as it is now such a blur. She then admitted it was completely false and there was no further action. At that time she was under a great deal of stress and we eventually sorted out our problems. Next year we are celebrating our Ruby wedding and my wife wants to go on an Alaskan Cruise but I am worried that I should not apply for an ESTA and I don't want to stir up that terrible time in our life. Please advise me if it is safe to say " No" re the question on Moral Turpitude. I am a UK citizen.

Thanks so much in atticipation

[ Edit: Edited on 09-Sep-2016, at 16:56 by Worldtravel62 ]

1498. Posted by travelman99 (Full Member 145 posts) 2w

Worldtravel - seriously are you asking that question? No further action was taken, so what are you worried about... Jeez.

If you're that worried request a police certificate, but you'd remember being arrested, cautioned or convicted.

[ Edit: Edited on 09-Sep-2016, at 17:40 by travelman99 ]

1499. Posted by Worldtravel62 (Budding Member 2 posts) 2w

Thanks for your prompt reply, I apologise if I appear neurotic and annoyed you with my question! It is the word "arrested" that concerns me. I know it appears inconceivable to you that I don't know whether or not I was arrested but I was in complete shock that day. I believe that I probably was arrested as the police arrived early in the morning, searched the house and took me to the police station for questioning. If that is the case, and I was arrested, I presume your previous response of"No further action was taken, so what are you worried about... Jeez." still remains the same! Apologies again for being a pain.

1500. Posted by CheersT (Travel Guru 2422 posts) 2w

For crying out loud simply get a copy of your police record so you can answer your own question.

This isn't complicated.

Cheers,
Terry