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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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521. Posted by pink0783 (Budding Member 27 posts) 3y

dcamp, I think he'll be fine and the fact that he has got himself an interview at the Embassy they'll see that he is now a law abiding citizen.

My husband has a conviction from his younger years (unfortunately after he was 18) and there is no way either one of us would have risked him going to America and lying on the ESTA. The consulate put him forward for a Waiver of Inelegibility. He has a chance of getting in this way but we wont know for 5 months :(

SarahDocherty no one knows your chances, its not a percentage, it's a gamble that some people want to take and some don't. It's been mentioned bv someone on here who got away with lying on their ESTA three times and got into America no problems asked, but last year they were stopped by immigration, their background checked, and they were sent back to the UK at their own expense. The only thing different was that they had the new chip and pin passport.

It's just luck, no one can tell you what your chances are. I wouldn't chance it personally, if you don't get the Visa, choose a different country to visit...

522. Posted by pink0783 (Budding Member 27 posts) 3y

and by the the way, if you do get stopped, it's a lifetime ban from America.

523. Posted by SarahDocherty (Budding Member 8 posts) 3y

whats my chances of actually getting a US visa then?
2002; theft from employer, don't know if it was embezzlement or what - never seen my record. it happened when I was 17 but I was convicted when I was 18.

524. Posted by CheersT (Travel Guru 2433 posts) 3y

1.) "... and by the the way, if you do get stopped, it's a lifetime ban from America..."

Absolutely false.

2.) "... So, the only risk I take is a small random check?... Don't suppose anyone fancies guessing the percentage... whats my chances of actually getting a US visa then?..."

Sarah, your query has already been answered. No matter how many times you try to rephrase the question the answer won't change.


525. Posted by pink0783 (Budding Member 27 posts) 3y

Hi Terry,

Unfortunately for those who do get stopped by customs in the US with a criminal conviction; if they have a background check and they are found to have lied on their ESTA and don in fact have a criminal conviction, they are breaking US law and will be deported straight back to the UK with a lifetime ban from the US. Fact.

I know this after speaking to several people who have personal experience in the matter.

526. Posted by pink0783 (Budding Member 27 posts) 3y

SarahDocherty the fact that you were 17 when you committed the crime may make you elegible anyway (I'm not sure how it stands as you were 18 when you got the conviction). It could be worth giving the US embassy a call and explaining your situation. They're the only ones who truely know the answer. You wont have to give any details either, they can just advise you without even knowing your name. They are actually very helpful.

527. Posted by Eyespy (Budding Member 10 posts) 3y

I am back from the USA now after going for my mates wedding.I was happy to to give the best mans speech in person as he didnt know i had an issue with immigration as explained previously (page 49) .

To put some of these points to bed now and stop the pointless repetition! :

At present the US BC (border control) have 3000 uses per year to examine and investigate a suspect regarding Immigration - holiday or otherwise; They do this by requesting info from the relevent agencies - in the UK the Home Office Border Agency. They have a 72 hour window of investigation; the information sent, if any, will be from the UKBA Asylum and Immigration computer data as answered in my Freedom of Information Request from The UK Home Office (see page 49).
all this information can be seen on a document as listed in a previous post from the Five Country Conference documents on data sharing.

If you self report you will have to go through a usually lengthy process which would be futile in my case ( see prev).

If you are lucky to be given a waiver then you will have to reapply every time and success of an entray Visa is not guaranteed.

If you were under 18 but not involved in Organised Crime that was an Interest to Interpol then you will be OK if you dont self report but will still go through the variable process if you do.

There are NO criminal records passed to the US unless requested specifically by an USA Police Agency or Border Agency.

There are no Historical fingerprints passed to the USA (analog or Digital) from CRB records of the UK. The only ones are from the UK Immigration and Asylum database.

If you have a serious criminal offence that is considered an interest by Interpol then this information is not disclosed by the UK Home Office FOI request as this would be counter productive to international policing. This is where you chance it at US BC.

Bog Standard criminals, like myself!, would not be flagged up.
Chip and Pin is irrelevent, this is purely Biometric data, not anything else.
If there are examples of peolple being refused entry then there is something else not Chip and pin passports, especially if they have kept a consistent response of the ESTA.

The USBC have the right to investigate randomly so you have to take your chances with that in mind, but if you do not look nervous and are sensible they will not request any data.

I hope this is helpful.

Safe Travels!

528. Posted by SarahDocherty (Budding Member 8 posts) 3y

So I should just go for it then eh?? I just need some reassurance

529. Posted by CheersT (Travel Guru 2433 posts) 3y

pink0783 @ #506: I have processed thousands of Work Permits for people entering the US and Canada. Your, "several people who have personal experience" are wrong. Fact.

You can NEVER make blanket statements regarding US CBP, Homeland Security and the countless other US security agencies controlling access to the US border.


530. Posted by dcamp (Budding Member 12 posts) 3y

pink0783, Just to let you know that my son had his visa interview today and after a less than 5 minute interview they asked him what has he learnt from his conviction by pushing someone my son said not to push someone they asked him why his travelling to USA for a student Visa, all the paperwork i packed for him character references, sponsor, mortgage stuff etc etc he said they didint look at anything. They said just dont push anyone in the USA and the approved his Visa. So I am glad we went down the legitamate road I am not sure how many years he gets the visa for whether its for 2 years same as his course or longer. I am not sure I can go through this again. But thank you for your comments.Happy days :)

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