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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

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221. Posted by Joanne1989 (Budding Member, 12 posts) 19 Jun '12 21:12

What was your reason you thought u wouldn't get in? Have you been fingerprinted previously.
X

222. Posted by creedance (Budding Member, 8 posts) 20 Jun '12 06:10

@calcruzer hey man thanks for the reply. If someone was found not guilty of any crime including murder then in the uk thats good enough for us a court finds them innocent then theyre innocent and we believe that people should be given the chance to prove themselves but like you say OJ was found not guilty and we gotta draw the line and say the judicial system made up by learned people has found him innocent so we have to believe in that or we'll end up in chaos. we need something and this is what we've got. This is the UK way but the usa way stigmatises people all of their lives and thats just wrong (Its wrong to us i europe anyway) coz peolpe make mistakes and have regrets and change and grow, and many are just plain innocent. Europeans we believe in something different, but the usa does its own thing and I respect that.

I'll tell you why I wont apply for a visa. listen man you can get arrested as many time as you like in the usa and it won't affect you traveling to the uk or anywhere else in europe, we'd only be interested if you had an actual conviction coz that's the one that counts and you just can't believe that anybody who has been arrested might be guilty coz they're not man they're inncoent until proven guilty and that's something you hear americans say a lot. it's like a one sided relationship, you know we didn't get the twin towers (that was bad - scum sucking extremist terrorists) but in the uk we uncover fanatical maniacs regularly and we havent put anything anywhere near as strict as the usa on entry requirments, but I agree you guys have the right to do that and you can do what you like, i'm just one of the millions affected by it and the usa isn't that important to me when its just a holiday im interested in, I mean we would have been going to the usa if i didn't have to go through all that embassy stuff. maybe you don't realise what's involved but first off I need to get an arrest certifictate to show i was arrested but to get that I need to contact the police and send them my passport or other form if ID and then the form has to be signed by a professional I know so that means I need to find an old teacher or see my doctor and I have to tell them that I got arrested and maybe some people are ashamed and they dont wanna do that, me I don't care coz i broke no laws and anyway thats just me. then for like £1.23 a minute ( I guess about 2 dollars a minute) and you'll wait in a phone queue while this clocks up all the time you gotta make an appointment, and then you have to discuss your arrest with the person who sees you and you could wait in some cases months for a visa, and that's if they give you one and then youre not guaranteed entry when you get to the usa. Can't you see it man it's too much for people who are innocent and know they are and for people who dont see the usa as such a big holiday thing they'll just go somewhere else, and this crazy rule and man it is crazy is stopping a lot of people going to the states, I don't care, it would have been cool, but there is a whole world out there and no where else on the planet has this crazy rule, at least I havent found another place that has it yet and Im always looking for new places to see.

it's a two way thing the way you say 'its not a right to come to the usa its a privilege' dont you think its a privilege that people want to visit your country. Im doing exactly as you suggest in not following your visa rules and not visiting the usa coz if a guy like me who got mixed up in an unfortunate incident all those years ago and wasn't even charged and didnt even go to court still now has to sit around explaining myself then Im outta here.

Hey but I wish you well and i really hope this terrorist pain goes away one day so we can all get along better again and more of us can visit you. All the best dude.

223. Posted by Calcruzer (Moderator, 1839 posts) 21 Jun '12 10:11

Creedence,

I do understand your opinion--and objections to the US visa rules.

If it were me, I would like more people to come to the US--because diversity is a great thing and traveling is my passion (that's why I visit this site)--and so I understand it being other people's passion as well.

Having said that, there is a belief by many here that the US needs to become "Fortress USA" in order to prevent Al-Qaeda, who have stated on many occasions that their goal is to murder as many Americans as possible until the US realizes their error in not becoming a Muslim state with Sharia law, from setting up cells in the US.

Efforts made in this regard since September 2001 have been "extremely" successful. To give you an idea how successful, statistics show that you are ten times more likely to be killed by lightning in the US than to be killed by terrorists. This makes it next to impossible to convince federal authorities (the State Department or Homeland Security Department) that they should change the rules as they now are.

My main purpose with my posts on this thread is to let people know the rules about coming here--not to put out a political view or some self-righteous American propaganda.

For this reason, I'm going to end my discussion on the right or wrong of the visa rules with this post. For one thing I don't agree with the rules entirely myself, so defending them is not what I have in mind. And I do agree with you that the US state department not following the "innocent until proven guilty mantra"--a basic right for US citizens--when it comes to foreigners traveling here--is indeed hypocritical.

Let me wish you the best traveling experiences. Maybe one day if the US does revise their visa rules a bit, then we'll see you in New York or Orlando or California and we can toast their decision.

[ Edit: Edited on 21-Jun-2012, at 10:18 by Calcruzer ]

224. Posted by Joanne1989 (Budding Member, 12 posts) 21 Jun '12 11:04

What happened in September 2011?
Do you think I should be ok travelling under the esta? Juvinielle caution for shoplifting it was 7 years ago and I think it would fall under juvinielle delinquency which means I am still applicable to Travel under the vwp as it is not moral torpitude
Thanks

225. Posted by creedance (Budding Member, 8 posts) 21 Jun '12 12:17

@calcruz, you are a gentleman. I just hope it changes one day too so people like me who didn't get charged or convicted can visit you for a couple of weeks a year. Man Al-Qaeda make me sick, you know if it weren't for those imbeciles most of the world would be peaceful.

I'm excited about the Yucatan Peninsula in September.

Hope to catch up with you soon man.

John.

226. Posted by Tightrope (Budding Member, 28 posts) 21 Jun '12 12:28

Joanne maybe your school has (you would have been at school in 2001 I'm guessing) let you down a little where this subject is concerned. Calcruzer is referring to September 2001 ... not Sept 2011, when the most viscious and disgusting act of terrorism took place ever in history. Muslim extremist fanatics flew two passenger airliners into the twin towers of New York killing 3000 innocent ordinary peaceful people.

See this link

http://en.wikipedia.org/wiki/September_11_attacks

And this is why today it's not easy to get into the USA if you have a record of arrest or a criminal record. I personally believe not being allowed to use the VWP merely because of an arrest is a step too far and does some damage to the USA's relations with the rest of the world, but when you read the link I've sent you you might just understand it a little.

You received a caution you say, were you actually arrested?

[ Edit: Edited on 21-Jun-2012, at 12:54 by Tightrope ]

227. Posted by Tightrope (Budding Member, 28 posts) 21 Jun '12 12:32

creedance I've been reading your posts and there may be the possibility that at age 17 and an arrest with no charge or conviction may make you still eligible to use the VWP. Why don't you invest in 30 minutes with a travel lawyer? It could put your mind at rest and cost a lot less than the visa.

228. Posted by Joanne1989 (Budding Member, 12 posts) 21 Jun '12 16:59

Hi yes I know what happened in 2001 and it was a dreadful awful thing I can rememwmber watching it on sky news not long after it had happened

I got took to the police stations fingerprinted and received a reprimand then went home
Thanks

229. Posted by Tightrope (Budding Member, 28 posts) 22 Jun '12 04:02

If you were not arrested you are eligible. However, shoplifting is theft and is considered to be a crime of moral turpitude but if they didn't arrest you then you are fine.

230. Posted by Steve1120 (Budding Member, 3 posts) 22 Jun '12 15:24

Hi all,

Wondering if anyone can help me out. My dillemma is along the same lines as most of you but with a slight twist. Like allot of people on here I too have a record. Again like many I'm not proud of this fact. It was in 1999 when I was 19. It's deemed as moral turpitude. I have a count of theft by an employer and attempting to gain property by deception.
I booked a holiday to new York later this year without the record even entering my head when one day I suddenly thought I may not be granted access. Having done my research aswell as a lot of panic i applied for a arco certificate which returned the above two counts. I've never offended since by the way. I visited the US embassy yesterday and was refused a visa but told I would be be referred to homeland security. On asking what the chances were I was informed that because I 'present well and come across as regretful' I stand a good chance of gaining entry via the waiver of intelligibility. In reading all these posts though I'm not as optimistic as I was when I left and have been left wondering if I should have applied in the first place as now, as it's been mentioned before on the thread the us embassy now hold all my details on file. I can't help but think that on review of my case homeland security will have a 'computer says no moment' and give my file all but 10 seconds attention and refuse the visa. Here's I guess the twist. Given my trips before the stated 20-22 week lead time on hearing back on this what are the chances I travel on the pre-booked dates and see what happens and more to the point what would the consequences be? I dare say having filled for the application and giving prints I've exposed myself ten fold haven't I in respect to some of the other suggestions on the thread about 'trying your luck' or 'giving it a go, you should be fine' and lastly 'honesty isn't always the best policy'!?

Also I'm worried that, given my case was at a crown court reading this link it seems pretty grim as it couples murder and rape going hand in hand and at the same court type my case was tried in!
http://open.justice.gov.uk/how-it-works/courts/

Lastly if I am refused what's the process, do I get another chance, give it 10 more years then try again? It would be useful to know and hear from someone that has a similar offense and their experience....

Any advice greatly appreciated.

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