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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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471. Posted by pink0783 (Budding Member, 26 posts) 2 Jun '13 10:18

Hi, my husband has just got his ACRO certificate and it states that he was found with class A drug - cocaine in 2005 for personal use but it doesn't say how much (it was 150mg). Should the ACRO specify quantities or is it right for it to be vague? It's just that being found with 150mg is surely better than being found with 900mg when a applying for a Visa / Waiver of ineligibility? I'm already aware he won't get a B2 Visa with any kind of drug conviction, but im really really hope they put i'm forward for the waiver.

Thanks

472. Posted by CheersT (Travel Guru, 1569 posts) 3 Jun '13 11:08

Wrighty, I doubt enough time has passed for you to be eligible, good luck.

Pink, US CBP couldn't care less about quantities, they have zero tolerance for all drugs, period. Good luck to you as well.

Cheers,
Terry

473. Posted by anonon (First Time Poster, 1 posts) 3 Jun '13 13:55

Right, i've spent a couple of hours reading through the majority of the posts on this thread and thought i'd ask about my situation:

30 years of age, from UK. New chipped passport.

I'm going to Central America but have to go via JFK and Miami. Same for the return trip to UK. Traveling with wife and baby (both conviction free). Will be staying overnight at JFK (hopefully not in an immigration detention cell) before heading to Miami for connecting flight to Central America.

I have 2 convictions for arrests for possession of cannabis from when i was 17 (1999 and 2000). One formal caution, one charge that went to a juvenile court and ended in a 60 pound fine.

Recently granted a full migration visa to Australia, the ACPO certificate i got for the migration says 'No Live Trace' but then the separate explanation paper that came with the certificate does go on to say that although there is info on a criminal record, it doesn't appear on the certificate as it's not deemed relevant (by UK police at least).

Added to this, i have taken Enhanced CRB Checks in the past for jobs and both convictions do show up. Even though i was under 18 and they were years ago...

I haven't got time to apply for a Visa and really don't think i should have to anyway, due to being a minor at the time of offences and them being years ago. And i could get turned down too.

So if i tick 'No' to criminal record on the ESTA and go ahead and fly there, is there any way they'd find evidence to the contrary?

I have seen Terry's 'refer to post 22' posts, but is it still the case that the UK doesn't share criminal records with the US? Assuming that there's no way they'd know unless i told them, it seems fine. And, convictions were from being under 18...

Would it be an idea to take my ACPO 'No Live Trace' Certificate with me in case they do find out that i have old convictions? I could then at least plead the ignorance that my certificate meant that i didn't have convictions?

Would it make any difference that i'm only transiting the country and staying for 10 hours before taking connecting flight to Miami?

If i was to get into trouble, and they didn't let me in, would i be able to get put on a flight to my final destination in Central America or is it strictly a 'back from whence you came' thing?

I know that a lot of people will tell me just to tick 'No' on the ESTA and forget about it, but I ask as i'm traveling with wife and young baby and getting arrested and separated from them in another country would be unthinkable, along with all the other problems that not being allowed in would cause. I wouldn't worry at all, if not for the fact that there are a lot of references on here to people being turned away from the US despite ticking 'No' on the ESTA....

Cheers.

474. Posted by pink0783 (Budding Member, 26 posts) 4 Jun '13 01:50

Hi anonon

If the convictions / arrest happened before you were 18 you were considered a minor and you can tick no on the ESTA.

Some people still apply for a visa but you dont need to you. Instead of reading forums, read the embassy website which explains this, you can travel to the US with a clear concious :)

Have fun

475. Posted by William Martin (First Time Poster, 1 posts) 4 Jun '13 02:17

This thread atleast have opened some old criminal cases here! We know who was criminal once. Hehe, just kidding!

476. Posted by ancene (Budding Member, 2 posts) 4 Jun '13 10:23

Sorry to bring this up again. Did`n find similar case as mine. I`m latvian, but I have been convicted for drug trafficking in UK in 2009. Sentence was 6 yrs, spent 2yrs and 4 months in prison. Do you think they will let me in the USA for holiday?

477. Posted by Kafkian (Budding Member, 2 posts) 4 Jun '13 13:19

Hello,

My family are desperate to go to Florida, I keep putting it off due my criminal record. I was wondering if advice
could be offered to me please.

My past convictions are 1997 - breach of the peace which was admonished.
2000 - drink driving, 1 year ban
2008 - breach of peace, £150 fine.
2013 - Potential statutory breach of peace - I'm pleading not guilty as I for once did not do anything.

I had applied for the visa through the embassy a good few years ago and paid for only my disclosure did not come through on time
and canceled my appointment with them.

I just could not go without having the embassies say so, I mean the look on my children's face if I got turned away would haunt me forever.

Any help offered is greatly appreciated.

In meantime the closest I will be getting to America is Mexico, perhaps I could sneak across the border?!

Post 478 was removed by a moderator
479. Posted by vegasmike6 (Travel Guru, 3536 posts) 4 Jun '13 17:10

I will let 'cheers terry' address your convictions and chances of getting a visa for entering the US. I will tell you to forget sneaking across the US-Mexico border. You might have read how much more difficult it now is for illegals to enter via the Mexican border. The chances of you doing this successfully are approaching zero. Forget that fantasy.

480. Posted by pink0783 (Budding Member, 26 posts) 5 Jun '13 02:53

Kafkian I think you would be fine with the drink driving charges (these are not considered moral turpitude) but breaching the peace, I'm not so sure. You would probably be fine risking it and ticking no (as it only asks about controlled substances, terrorism and moral tupitude). As I have previously stated, I wouldn't want to risk it and my husband is in the Visa / waiver process at the moment. You would more than likely get a B2 Visa should you apply for one but they are saying an interview wait can be up to 6 months!

Good luck.

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