I have read all posts but my situation is complicated as it is more about non- convictions than convictions:
When I was a minor I was involved in the following:
1)Caution under the public order act for displaying an offensive sign at a protest
2)Bind over related to section 5 of the public order act for swearing at a protest
3)Conviction for a public order offence at a protest. As such I was sentenced to 10 months imprisonment in a Young offender institute.
From my research I do not conclude any of the above are crimes of “moral turpitude”, therefore I don’t think I have to declare them.
Now the following are more of a worry to me, however they are not convictions but arrests / detentions:
1)Arrested on suspicion of conspiracy to cause explosions. Detained for nearly 3 days in a police station and released after a CPC decision not to charge.
2)Detained under the terrorism act in a UK airport. Questioned extensively for 8 hours and then released without charge.
As stated the offences detailed in the first part took place when I was legally a child (I am now 40 years of age) The problem is the above non-convictions were in the last 2 years. I have done a police subject access request and everything I have detailed is shown.
Since my offences as a minor I have gone on to qualify as a doctor and practice medicine. My governing body is aware of my previous record as a minor, however they were very understanding and concluded I was fit to practice. Regarding the most recent thing, these were not an issue as I was released without charge and never convicted in a court. Despite this I feel the American embassy would not be so understanding? Would it count for anything if applying for a visa the fact that I work in a position of trust?
From the consensus of the post it seems the UK and USA do not share minor conviction details, but what about the nature of the things I have listed in the second part of my post (after all these are just arrests / detentions? I have to say whenever I go though British passport control they spend a long time starring at the screen when they scan my passport. Is there anything that could be on there?
I have recently travelled to other countries such as Russia and Iran without problem (although I was once detained briefly in Libya, but never found out why), however I realise the UK are generally closer to America and may share more things? Also what about the Canadian / American (or alternatively the Mexican / American border) if you cross that by land are things less stringent? I gather on a flight they have many hours to check you out before the plane lands, but at a land border how much scrutiny goes on if you drive through?
Any advice would be much appreciated as to my changes of gaining entry to the USA
My Reply #319 applies to your situation almost word-for-word.
cd091's situation was drugs - a huge red flag - and your situation involves "terrorism"... is there are larger red flag in existence right now? Obviously not.
There is no one who can address your concerns with any accuracy. The "terrorism" thing - even though there was no charge/conviction - can find its way onto all kinds of databases and if the US Customs and Border Protection gets even a whiff of that detention/questioning then you're screwed, period. No one at US CBP cares that you're a doctor now, that is utterly immaterial.
If you followed the letter of the law and came clean with all your info as the US CBP specially requires then I assume you'd be banned from the US forever, period. That leaves you with two choices: 1.) Lie, and hope your detention isn't on any database, or 2.) Wait until enough time as passed that you can wipe your British record clean, then forget it ever happened.
Either way, you're in a lousy situation to consider travel to North America at this point in time.
i have trawled through this website and cannot seem to find an answer . . .
- i am going to US in april and of course like most on here have a criminal record.
what i want to know is, i have paid the appointment fee, given them my details and arranged for the police thing to come back, i have since decided to chance it with the esta, how long will it take for them to delete me off their database, as i gave them my name, address and passport number. but did not make an appointment.
some threads i have read say 6 weeks, but any more information?
No one can answer that with any accuracy either. As soon as you're in their computer who knows if/when it ever gets deleted.
i have the same probelm as dash21 above only i am going to Florida in 17 days !!!!!!!!!
did the same ,paid fee gave details didnt make an appointment , does anybody know what would happen if they did stop me , this is only the second time ive been abroad in my life ( bit sad as im 41 )!!!!, is it just a straight no and goodbye ? ,or so they look at each case ? i just left it too late to finish applying for a visa due to the wait !! i did all of the fee payment etc a about 3 months ago although i didnt fill in the full application form (d160?)
i know that the general concensus is to take a chance , its my choice but i just wondered if anyone knew what happened if i got stoppped at US customs ??????
If US CBP stops you and starts asking questions I'd suggest you throw yourself at their mercy and answer everything honestly. They have a fair amount of discretion - especially if it's only one offence - so you could either be allowed in or find yourself in a detention cell awaiting deportation.
As stated ad nauseam there is no way to accurately predict what will happen.
It does not matter because you do not apply for immigrant visa. Your UK passport allows you to travel to the USA. Have a good trip!
Lionfriend, there are hundreds of inaccurate and misleading posts on this thread, but you're Top 10.
thanks Terry , to quote an earlier post im just gonna have to "roll the dice " , im just worried about the whole thing , dont want the kids to get upset , but fingers crossed !!!!!!!
thanks for the advice
wish i looked into my visa application sooner !!!!!!!
US Customs and Border Protection, Homeland Security and the myriad of other security agencies involved make entering the US a complete pain in the ass. If everyone actually followed the regulations to the letter and made full and complete disclosures about everything that ever happened in the lives the Americans would be facing even greater mountains of paperwork or turning back airplane loads of people.
Relax, go with the flow...