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Travelling to US with a criminal record in the UK

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531. Posted by greeners29 (Budding Member 23 posts) 3y

Hello all. Well that was a long read and very informative. However i have a slightly different problem.
Back in 1991 I was arrested and convicted of assault causing actual bodily harm. I was given a 6 month conditional discharge and I met the terms of the conditional discharge.

I have been arrested a couple of times since but not convicted and my enhanced CRB check only shows the conditional discharges.

Now i understand what Terry has stated, that unless i am one of the unlucky 3000 or screw up at immigration I should be fine, however.....

Back in 2006 me and my soon to be wife were looking to go the the USA for a holiday and we were in contact with the USA embassy regarding a VISA. Now i for the life of me cant remember how much information we gave them but i never got round to the interview stage and the SAR is still in my house. In the end we did not go and have thought no more about it.

We are no hoping to go in December to Vegas (to get married) and then again next Oct/Nov next year to Florida for a family holiday.

Now if it had not of been for 2006 i would just go with the waiver ( as i have had a friend with a similar charge who has always got in using the waiver) but i am worried that i might be flagged because of the information i posted to them in 2006.

Has anyone got any idea where i stand on this as currently im thinking I would be better of not taking the chance and also, if i go down the VISA route how long would it be valid for (would it cover for my holiday next year)?

[ Edit: Edited on 19-Jul-2013, at 15:14 by greeners29 ]

532. Posted by CheersT (Travel Guru 2458 posts) 3y

No one can offer any valid advice when you have no clue what you told the Embassy back in 2006... the computer never forgets...

Apply for a Visa.

Cheers,
Terry

533. Posted by greeners29 (Budding Member 23 posts) 3y

Terry thank you, its a pain cos I am sure that all we had done was booked an appointment and cant remember if i gave any other details but would rather not risk it now .

So, how long does a Visa tend to last for as i would hope it would cover both of my trips and reading through all 513 posts, it seams like my Visa application will be rejected and i will need to apply for a waiver of ineligibility. How does the waiver of ineligibility work and whats the time frames?

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

Hi greeners29

My husband and I are mid way through the very lengthy process.

He has one minor drug conviction from 2004 which he received a small fine.

The process from applying for the ACRO police certificate to getting an interview at the London Embassy, took about 7 weeks (we worked fast).

He was refused a Visa (same as you would be for committing a crime involving Moral Turpitude or having multiple convictions) but recommended for a waiver. There is a current minimum wait time of six months for the waiver (& that's if they grant him one). Your first waiver would be for one single admission within six months. The second time you apply would be a single admission but over 12 months, the third would be for multiple admissions over ten years so its not quite as terrible as everyone thinks but does mean the first time you would need to work out timings.

I suggest not booking anything until you've got your visa in hand as then if you get the waiver, it's a 2 - 4 weeks wait to get your visa. I doubt you would get it in time for a trip in Dec.

Hope this helps.
Good luck.

535. Posted by greeners29 (Budding Member 23 posts) 3y

Thank you Pink.

I am already printing of the details for the police and will be sending them on Monday. It does seem like a long and painful process but it has to be done. I am tempted to gamble but for the life of me i cant remember how far along the process i was back in 2006 and so dont want to take the chance of being flagged up if they did have my passport number.

I feel its a case of baby steps and one thing at a time.

536. Posted by greeners29 (Budding Member 23 posts) 3y

Just thinking about the admission. The family holiday we were looking to do next Oct was to be a cruise sailing from Florida to the Caribbean and back to Florida for a few days at Disney. I dont suppose that will be doable now if i am only allowed one admission.

537. Posted by enra1 (First Time Poster 1 posts) 3y

Hi.
I have sent an e-mail the embassy regarding entering the US with a minor cannabis possession charge (less than 1 gram, reslulted in a fine). I agued that my friend could click "no" on ESTA because the crime is considerd spent (Live in Denmark). Here is what they wrote back:

Good afternoon, he is wrong -- he needs to apply for a visa at the Embassy. His application will likely require a waiver, and it will be on his record if he asks the police for an exhaustive criminal record. He should bring this with him. We cannot adjudicate cases by e-mail, but he would likely still be able to get a visa to the United States in spite of his ineligibility under the crime involving controlled substances act. Any visa he gets would require a waiver though, because of the cannabis. He does not qualify to apply for Esta, and would have to check that box or else he would be found for material fraud at the port of entry.

Are they just bullshiting me with that last sentance? Has me a little worried... But then again, how could the US imigration possible have access to Danish police records? And why do the embassy require an exhaustive criminal record if they already know everything?

538. Posted by CheersT (Travel Guru 2458 posts) 3y

1.) "... I argued that my friend could click "no" on ESTA because the crime is considered spent..."

You are wrong. The US requests ALL records, even when an arrest never resulted in a conviction.

2.) "... Are they just bullshiting me with that last sentence?..."

No they aren't BSing, they have that power IF they have the information.

3.) "... But then again, how could the US immigration possible have access to Danish police records? And why do the embassy require an exhaustive criminal record if they already know everything?..."

That question has been answered over and over and over ad nauseam throughout this entire thread. Bottom line: IF the facts are as you state then they don't know anything about your friend's record unless he tells them.

Cheers,
Terry

539. Posted by NayNay (Budding Member 4 posts) 3y

Hi,

My last update.

I have been granted a visa for 5 years and if my record stays clean, after the 5 years I will have to attend another interview and will be given a 10 year visa. I was given an appointment on the 2nd July (about a month wait) I got the 8am app and was out of there by 9 on the dot. Because of my drink driving I had to have a medical which was £280 (typical, it had just gone up) my medical was in the same week, and the embassy had the results within 4 days. I was then contacted by my interviewer on the 4th day after my medical, who had a couple more questions about my convictions. And this is when he advised that he was issuing me with a 5 year visa. I have been sent a email with a number to call for my passport to be picked up, cost about £40 but I paid extra for specific times. He said it should take 3-5 days and then my passport will be sent back. I'm lucky as I'm travelling 10th August. All in all its taken around 2 months not including getting the police cert which I received within 2 weeks. Luckily for me it hasn't taken too long but it's has costed me over £400 altogether.

Hope this helps

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