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Travelling to US with a criminal record in the UK

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611. Posted by grin1408 (Budding Member 5 posts) 2y

Hi guys,

Looking for some advice here, first of all i'll explain my story. In October I was caught with a decent amount of class A drugs, I am now awaiting a letter from the prosecutor fiscal charging me with possession with intent to supply. Just to flag up here I am not a drug dealer - I had them on me for myself and some mates and unluckily fell foul to some over zealous bouncers and handed into the police.

This was in October, so I am expecting notice about the charge to arrive at me in about April/May time. I am 19 years old and planning to travel to America in June with my family. I am looking for some advice.

Any previous times ive been to America (though this has before I turned 18) I have not had to fill out the green form on the plane, it was only my parents. Is this still the case? or was this becasue I was still a child?

If I do not receive word from the courts before June, am I ok to travel? as I havent been chargd with anything?

Say I get word and am charged before June, how long does it take for me being banned from entering the US to come into play? Is it instant or is there a period after the trial where paper work etc will be sorted out?

In the worst case scenario and I am charged with possesion with intent to supply; will I be able to get through customs if I dont declare it on the green form/esta?

When I was originally arrested here in the UK I had my fingerprints taken at the police station before I was released, I know you also get your fingerprints taken when you go through customs after arriving in USA. Will these finger prints carry details of my charge? or are these for another use?

Thanks for your help!

Post 612 was removed by a moderator
613. Posted by Slinkius1 (Budding Member 2 posts) 2y

Hi, Just to let people no with minor convictions - mine was 19 years ago - there is no need to worry. I ticked no on the ESTA form and got back from NYC yesterday after seeing in the new year NYC style. I took my wife and 14 year old daughter and loved every bit of it, yes I was bricking it at customs but the customers officer was so friendly to us. Before taking our picture and fingerprints all he asked was, how long we were staying and where and then said enjoy the city and don't spend to much. So anybody going with a minor conviction tick no relax and enjoy you have nothing to worry about.

614. Posted by atruespacecadet (Budding Member 2 posts) 2y

All (but specifically Terry) -- as most looking for advice.

Situation: GB citizen, reprimand for cannabis at 16 (12 years ago), caution for criminal damage as adult (2 years ago), driving ban and fine for drink driving/failure to take the breathalyser (last year). Only the last one resulted in a trip to court.

Spoke to a lawyer, who says that the drugs ineligability does not apply if the offence was possession (mine was) as a juvenile (ie under 18, I was) (for more info see the State Dept Foreign Affairs Manual on this subject). He also says the other two are not offences that I'd even need to declare on VWP.

I've seen my ACPO and it does not show the possession reprimand but says "further information stepped down".

Advice seemed to be "you will be OK ticking no on VWP if all you want to do is visit, but if you then need to immigrate for whatever reason, it will become a problem, as will the fact that you ticked no on VWP". It's entirely foreseeable that I'll need to live in the US at some point given my line of work.

So...does anyone have any experience of immigrant Visas in similar situations?

615. Posted by atruespacecadet (Budding Member 2 posts) 2y

Also, re the above, has anyone been through the medicals? Is there a urine/hair test, or is it just a blood test?

Thanks

616. Posted by Dave1980 (First Time Poster 1 posts) 2y

Quoting bettyh

HAS ANYBODY ACTUALLY BEEN TO THE U.S WITH AN ARREST (BEEN PRINTED) AND BEEN PRINTED AT SECURITY AND GOTTEN THROUGH NO BOTHER?

PLEASE?

First of all let me just say that I have been arrested before, ten printed at the UK police station twice but NOT convicted....and have been granted multiple visa access into US from the UK.....after both arrest - and have also granted a green card in the long run when I decided to immigrate finally to the U.S. Which means I have Never experienced visa denial, by the special grace of God.

A summary of my arrests simply refers to unproven allegation - even an immigration officer can be alleged to be a liar himself and arrested, but would be apologized to, if found innocent, like was in my case. No be deal!

Moving forward, if you have ever been arrested or convicted in the UK for offenses NOT related to CIMT (i.e. http://en.wikipedia.org/wiki/Moral_turpitude ) - the correct answer to tick in your visa application is "NO".

I hope this helps. (See below link)

https://www.gov.uk/government/publications/access-by-the-us-authorities-to-information-held-on-the-police-national-computer

617. Posted by ranger1937 (Budding Member 2 posts) 2y

Hello,
I am new to this board but I have a question I will be travelling to the Us with my Dad and I'm very worried about getting a visa. He is 70 years old and was charged with criminal damage in 1955, not handing a lost wallet in in 1962 and cautioned for theft in 1994. We originally applied got an esta because I didn't think these were crimes of moral turpitude, but I'm now told they are. Should he apply for a visa? and if he does what do you think in your opinion would be his chances? Please help, because I'm so stressed about this I'm not sleeping

618. Posted by CheersT (Travel Guru 2421 posts) 2y

Your situation has been addressed ad nauseam throughout this thread.

Bottom line, forgetaboutit. Wipe it from your memory banks and have a nice holiday.

Cheers,
Terry

619. Posted by Tom161191 (Budding Member 124 posts) 2y

I've just got back from Vegas for New Year's Eve and they don't have access to uk records. Unless it's a serious offence for rape etc

620. Posted by grin1408 (Budding Member 5 posts) 2y

Quoting CheersT

Your situation has been addressed ad nauseam throughout this thread.

Bottom line, forgetaboutit. Wipe it from your memory banks and have a nice holiday.

Cheers,
Terry

Any chance you know anything about these points Terry? From my original post. Cheers

Quoting grin1408

Hi guys,

Looking for some advice here, first of all i'll explain my story. In October I was caught with a decent amount of class A drugs, I am now awaiting a letter from the prosecutor fiscal charging me with possession with intent to supply. Just to flag up here I am not a drug dealer - I had them on me for myself and some mates and unluckily fell foul to some over zealous bouncers and handed into the police.

This was in October, so I am expecting notice about the charge to arrive at me in about April/May time. I am 19 years old and planning to travel to America in June with my family. I am looking for some advice.

Any previous times ive been to America (though this has before I turned 18) I have not had to fill out the green form on the plane, it was only my parents. Is this still the case? or was this becasue I was still a child?

If I do not receive word from the courts before June, am I ok to travel? as I havent been chargd with anything?

Say I get word and am charged before June, how long does it take for me being banned from entering the US to come into play? Is it instant or is there a period after the trial where paper work etc will be sorted out?

In the worst case scenario and I am charged with possesion with intent to supply; will I be able to get through customs if I dont declare it on the green form/esta?

When I was originally arrested here in the UK I had my fingerprints taken at the police station before I was released, I know you also get your fingerprints taken when you go through customs after arriving in USA. Will these finger prints carry details of my charge? or are these for another use?

Thanks for your help!

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