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Travelling to US with a criminal record in the UK

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481. Posted by Kafkian (Budding Member 2 posts) 1y

Many thanks for the replies. It was obviously meant as joke skipping the Mexican border!

I do have the time to wait the six months, Mexico a cert in December, so the family will beseech me for Florida in the new year likely for June/July next year.

All my crimes have been silly alcohol related incidents, totally regret them all. It would never enter without getting the proper clearance. I will commence the process the end of this year.

Thank you.

482. Posted by pink0783 (Budding Member 26 posts) 1y

I think you're right Kafkian, it just isnt worth running the risk (in my opinion).

My husband got caught with a very very small amount of cocaine on him when he was out drinking almost nine years ago. A stupid mistake which he didnt take up or try again (I think the conviction scared him for life). Against everyones advice, we are applying for the Visa, I dont think lying on the ESTA proves that he has learnt from his mistakes and would only show the opposite. I think that trying to get a Visa instead of ticking 'no' on the ESTA form (which is a crime in itself) proves that you want to do everything above board.

Unlike my husband, I think you will get the B2 Visa without so much of a problem (they are stricter when it comes to drugs) and my husband will hopefully (fingers tightly crossed) be recommended for a Waiver of Ineligibility at his interview.

Keep me posted on your progress. He should find out this week when his interview is so I'll let you know how long he has to wait.

483. Posted by pink0783 (Budding Member 26 posts) 1y

Just a quick update, my husband heard back from the embassy yesterday (24hrs after paying the interview fee) and has his interview scheduled for 20th June; much sooner than we anticipated.

We are aware that he isn't eligible for a Visa but are keeping everything crossed for a Waiver.

Will keep you updated but Kafkian, the wait isn't as long as they warn.

484. Posted by Andyk9 (First Time Poster 1 posts) 1y

Ok

This topic is very confusing and is making me feel very sick as i am due to go to floida on september 3rd 2013 and was just about to fill out ESTA form when i came across the section about Arrests/Convictions. What made me panic was the "Arrest" as i have been arested in the past.

Im a 30yr old male and was/still a goodie 2 shoes and never broke the law or tried not too.

However i was with a friend back in 1999/2000 (17/18years of age at the time) who got into a fight, I dispise fighting and to be fare would probably run i mile if someone was to kick of with me lol but as it was my friend that started this fight i got in the middle of them and tried to split them up. I managed to do so. we all knew each other from school a year or so before. Before i knew it, a day later i was being arrested for "Common Assult" My friend Pleaded guilty in the court, i pleaded "Not Guilty". Weeks went by etc and the end result was i was Not Guilty and it was thrown out of court.

(The next one is obviously my own fault)

My last one was a driving offence, where i was taking driving lessons and i had my own car, it took me months to try and beat the temptation of driving my car for a quick spin, and i mean a quick spin so i reversed it out of the drive onto the main road round the round about back onto my drive. I drove it for no longer then 2mins when the police pulled up outside my drive. I had no insurence, Tax and driving on a profissional i was summons to court and had points on my lisence and a fine. Thats was over 4 years ago.

Would the aboves be a crimanal record for myself?

Now apart from the first incedent, i have not been arrested but went to court twice. This obviously made alram bells ring so i decided to ring the US embassy up in london. Told them the story and they said i still had to declare it. Should i? I dont think i should as technically i have not been arrested. I have just filled out the ARCO and getting it countersign in a few hours time just now waiting for my passport to hurry up so i can get it signed.

My problem is, as im going down the honest route, what would my chances of acceptence to the US? and will i have enough time to be granted a VISA? I'v been up endless nights threating over this as its a holiday of a life time and do not want to miss it.

I feel as though, coming clean will only add me to the US database with above scenarios and i dont want it flagging up each time i go to the US as im ashamed to have a record, If i have one.

Should i just send the ARCO form, see what comes back and see what it says and if clean ( Or just the driving offences) tick No on the ESTA

Kind regards

Andy

[ Edit: Edited on 06-Jun-2013, at 18:59 by Andyk9 ]

485. Posted by LiamT (Budding Member 2 posts) 1y

I have an interview at the us embassy on Thursday this week. I have a few criminal records for things such as abh, battery and theft off employer. I was just wondering what sort of questions I can expect to be asked?? And any specific things that are good to say in the interview?? Thanks

486. Posted by pink0783 (Budding Member 26 posts) 1y

Hi LiamT, my husband has his interview on the 20th. I don't think they give you too much. I have spoke to several people who've had the interview and they will mainly ask about your employment, ties in the UK, reason for travel, maybe a bit about the crime (which is when you will say that you regret it and learnt from your mistakes.)

Just one question, my husband was asked only to fill in the VCU-01 form and not the DS-160 form which I thought all non-immigrants US Visa applicants had to. Did you have to fill in both or just the one??

487. Posted by LiamT (Budding Member 2 posts) 1y

Thanks for that. And yes, I had to fill in BOTH of them forms

488. Posted by NayNay (Budding Member 4 posts) 1y

Quoting pink0783

Hi NayNay

Interesting post. Like dragontm, I'm keen to know whether all four times you ticked 'no' on the ESTA and they just pulled you aside on your fourth trip last year because they did a spot check or they had some kind of info on you from you passport or if you ticked 'yes' and therefore feeding them the info on your conviction and had just been lucky the other three times?

Either way it's made me happier that we have gone down the honest route, my husband will have the new chip passport when (if) we travel next year and would hate to be turned away. We would sooner revisit Thailand.

Look forward to your reply.

Hi, I ticked no all times. I'l never know what was different. (except the chip).

489. Posted by NayNay (Budding Member 4 posts) 1y

Quoting dragontm

Quoting NayNay

Hello,

Just wanted to share my experience. I have a criminal record and have travelled to miami on three occasions under the visa waiver and everything was fine. Last year I travelled to vegas and I was refused entry for not having the correct visa. Its purely based on luck. Also I think the new chipped passport may have something to do with it, because on those 3 occasion before I had the old style passport, but when I was going to vegas last year, I had just renewed my passport and got the new chip one. Im not sure what it is but that was the only different thing about that journey.

So I can not go to the united states with out a visa and because I was denied entry, it may be harder to get one. I have my interview in July so I will let you know how that goes.

xx

Can i ask on your third trip which you got turned away did you click no on the ESTA form and then they turned you away also what criminal record do you have? the seriousness of it?

Hi,

I have 2 drink driving offences which he said he wouldnt have cared about and 2 thefts. The thefts were when I was a child in 1999ish and the most recent driving offence was over 3 years ago. I was also accused of something more serious in 2006 which I think was the main cause. But that was in 2006 and I was found not guilty, but he said it did not matter, and i must show them proof. Ive always ticked no each time.

Hope ive helped and not added to confusion.

490. Posted by Pr1988 (Budding Member 3 posts) 1y

Hi,

I am travelling to the USA in August. I was arrested in 2009 for an altercation with an ex Girlfriend of mine. I was taken into custody for 3 hours, questioned and then released without charge and no further action was taken. My ex Girlfriend said that she contacted the Police to drop the charges although i'm not too sure if this was why i was released. I believe i was arrested for Assault but she didn't have any injuries whatsoever and the Police informed me that it wouldn't be going any further.

Apologies in advance if this has already been answered, according to the United States Government website my crime did not involce Moral Turpitude as it was only a simple assault. Can somebody please inform me if i need a Visa or should i just tick No on the ESTA form as it wasn't a crime of Moral Turpitude.

Thank you in advance.

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