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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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761. Posted by Henry14 (Budding Member 7 posts) 1y

Quoting CheersT

So you now hold a fresh Ivory Coast Passport with everything accurate and honest, correct? And you've never held a real and honest Ivory Coast Passport before, correct? You've never applied for a Visa or done any travel on your real Ivory Coast Passport, correct?

Cheers,
Terry

I've obtained UK visas on my previous passport years back before the incident happen.

I now hold my new ivory coast passport with everything accurate correct, attached with my previous passport with everything accurate on it too, my previous passport has Brazilian visit visas on it and UK visa issued in 2004. So i now attached the previous passport with my new passport which now has my Eastern European residency with everything accurate correct.

The previous passport got lost for years back before i tried to use the false passport i was convicted for, it was not too long now i found the old passport and i applied for renewal but was told i need to apply for a new one, and has been issued which now has my residency.

Now, i'm scared to apply for US and Schengen visa because of my fingerprints and DNA with the UK police and Immigration with different name and dob. What do you think? Is it advisable to apply for US visa and Schengen visa with my new passport with everything accurate and correct?

[ Edit: Edited on 04-Jan-2015, at 14:09 by Henry14 ]

762. Posted by CheersT (Travel Guru 2422 posts) 1y

It's impossible to guess Henry when there are so many unanswered questions.

It's not possible to predict which criminal databases you're on now... if your infraction was viewed as minor fraud then UK Immigration might not have red flagged you... if you pissed them off (which it appears you did because you did so much prison time) then who knows if Interpol or Homeland Security has you on their screens.

You're rolling the dice now. It'll either be smooth sailing or yet another fraudulent application that will leave you looking at lifetime bans. (I call the application fraudulent because you'll have to make the new visa applications without mentioning your UK issues, which in itself is a crime.)

763. Posted by travelman99 (Full Member 145 posts) 1y

Hey all

I've been reading this forum with interest.

My stories the same as a lot of people here, I was arrested and cautioned for possession of a class A, turned out it was paracetamol... but because I'd admitted to "trying" to buy it, I was done for intent to possess rather than full possession. Honesty sucks eh?

Anyway, I'm going to go about this the "proper" way, I'm hiring an immigration lawyer to support my case, I've also sought legal aid and these are my findings so far:

ANY drug related arrest or conviction, or any crime under moral turpitude (crimes such as damage to person, property, or fraud) will make you legally inadmissible to the US, and therefore to use the ESTA.

HOWEVER...

You will be able to apply for a waiver of inadmissibility - this is effectively to prove that you won't ever stay in the country and that you'll only go for small amounts of time. However, emigrating will be impossible, To prove this you will need to demonstrate sufficient ties to the UK and a good record of character since the crime.

I am going to see an immigration lawyer in London with 33 years experience in the next month (yes and it's expensive). They will tell me exactly what chances I have and if it's worth applying for this.

And yes, I have a friend with a GBH conviction when he was 20, and he got to America with no problems at all, i also have another one with several intent to supply drug convictions and warnings and he also went there with no problems. As per the home office statement, we do NOT share our police records with America.

However, no matter what anyone says, I am leaning on the side of honesty, two wrongs don't make a right, and if the US government want to penalize me for this then so be it.

I will be back in touch after my meeting with my Lawyer.

764. Posted by CheersT (Travel Guru 2422 posts) 1y

Why are you bothering with the expense of a lawyer? Simply apply for the Waiver and be done with it. The Application is not complicated...

Good luck.

Cheers,
Terry

765. Posted by travelman99 (Full Member 145 posts) 1y

HI Terry

I guess they will be able to tell me what they are looking for and the chances of success.

Cheers

Andy

766. Posted by CheersT (Travel Guru 2422 posts) 1y

Sorry, but for a simple Waiver Application a lawyer will add no value to the process. If you have money to burn and/or if English isn't your first language I suppose they'll give you a comfort level for submitting the paperwork, but otherwise their services are - in my opinion - meaningless.

At the very least submit the paperwork with no mention of the lawyer's input. Don't allow them to submit it for you.

Good luck.

Cheers,
Terry

767. Posted by Henry14 (Budding Member 7 posts) 1y

Quoting CheersT

It's impossible to guess Henry when there are so many unanswered questions.

It's not possible to predict which criminal databases you're on now... if your infraction was viewed as minor fraud then UK Immigration might not have red flagged you... if you pissed them off (which it appears you did because you did so much prison time) then who knows if Interpol or Homeland Security has you on their screens.

You're rolling the dice now. It'll either be smooth sailing or yet another fraudulent application that will leave you looking at lifetime bans. (I call the application fraudulent because you'll have to make the new visa applications without mentioning your UK issues, which in itself is a crime.)

Don't get the specific question you mean, do you mean if i've ever apply for US visa before? If that, then yes i've applied for US visa before that was in 2003 with my accurate details, but i was refused then on the ground that i've not got travel experience, it was before my first travelling to the UK. I don't have problem with that, if i want to apply for US visa now i'll tick yes to where they ask if i've been refused visa before.

About the UK issue. The police have my fingerprints and DNA in 2005 for the conviction, i spent 6 month sentenced only as half, thats not with my accurate details. then the immigration have my fingerprints in 2007, and then my last fingerprints was in 2012 for biometric residency application, not with the accurate details.

Any other question?

[ Edit: Edited on 04-Jan-2015, at 17:12 by Henry14 ]

768. Posted by travelman99 (Full Member 145 posts) 1y

Hi Terry

Fair enough - I guess really I just want to know what they think the chances of success are...

Like you say, its roll the dice, either I get a waiver or I get banned for life... Or, I lie on an Esta and get it, or get banned for life if I'm found out.

Its causing much anxiety for me.

Kind regards

Andy

769. Posted by CheersT (Travel Guru 2422 posts) 1y

Dear Andy,

I don't get all this "banned for life" stuff that you're worried about. That would only happen if you lied directly to them. You keep saying you want to be honest so "banned for life" worries are immaterial.

You fail to mention the single most important piece of information - when your conviction happened - so I can't comment on your chances of success with the Waiver, but worse case scenario is you're denied so you simply re-apply again a few years later.

Cheers,
Terry

770. Posted by CheersT (Travel Guru 2422 posts) 1y

Henry, you've been caught with fake documentation.... you've been to jail.... you're from a country that immediately raises eyebrows when trying to enter any western country.... you appear to have the money and means necessary to enter the western world but that raises the question why didn't you use that influence to do it properly in the first place, so are you really just a smart but poor guy trying to work the western system to escape West Africa.... there are lots and lots of pertinent questions and details that an expert would have to take under consideration before risking an assessment whether you're in the clear or not.

Good luck.

Cheers,
Terry

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