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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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831. Posted by travelman99 (Full Member 150 posts) 1y

Hi

I've already posted, but i'll run through my story again.

I got a caution 2 years ago for Attempt to possess a class A. No convictions or other cautions, and I'm a UK citizen with a mortgage, good job etc etc

I have a slight dilemma. Firstly, I work for one of USA's largest global firms - I'm UK based but I "may" have to one day travel to the US... but please note, I'd never be living their permanently, I'd only be visiting for a week or two max. Also, I want to take my girlfriend to New York to propose in the near future (it's always been her dream.)

Now... I know the mantra on this forum already around sharing of records... however, I had a question:

If i "do" apply for a Visa, and get denied (Which I assume will happen) and then have to apply for a Waiver... how long does this waiver last. Will I have to apply for a waiver every time I wish to visit, or will it cover me for a set period of time.

Terry - whats your advice for me on this occasion.

Kind regards

832. Posted by CheersT (Travel Guru 2458 posts) 1y

As you know in most cases the advice is to forgetaboutit, but when it involves employment then I think you should jump through the bureaucratic hoops and get the paperwork done. A possible future Work Visa is way more complicated than a simple tourist visit.

How long the Waiver lasts and for how many visits is dependant on many factors so no way to guess, sorry.

Good luck.

Cheers,
Terry

833. Posted by travelman99 (Full Member 150 posts) 1y

Hi Terry

It would only be a B1 Visa (staying 90 days or less) so I'd essentially be asked to go to some sort of function. I wouldn't be actively selling, trading, or setting up a business etc.

I'd assume this wouldn't be as complex as a full work visa... or, I just forget about it?

Kind regards

834. Posted by CheersT (Travel Guru 2458 posts) 1y

It's a toss up. Stick with the KISS method (Keep It Simple, Stupid) or look long term down the road where you might be applying for a Visa that does a complete criminal background check - then you're really screwed.

Good luck.

Cheers,
Terry

835. Posted by aussie_87 (Budding Member 3 posts) 1y

Hi Everyone,

Just looking for some information/advice.

Australian passport holder
5 convictions in total
2007 - DUI + driving without licence + driving uninsured vehicle (same time)
2008 - Driving uninsured vehicle
2009 - Driving without licence

Penalties included fines and loss of licence. The 2009 offence also included a 2 year good behaviour bond and a suspended sentence of 6 weeks imprisonment.

After reading through pages of this thread, I understand that it's likely US immigration officials will not be able to access my criminal record and could "risk it" via the VWP.

However, I'm unsure if I can answer the question regarding Crimes Involving Moral Turpitude (CMIT) with a 'no' in clear conscience. Although DUI in and of itself is not considered a CMIT, aggravated DUI (ie. in combination with other offences, such as knowingly driving without alicence) can be considered a CMIT.

I have decided to take the visa application route, and my question relates to this With regards to the waiver of inadmissibility, has anyone had a similar case and have been granted this waiver? Or knows of someone who has?

Thank you.

[ Edit: Edited on 03-Feb-2015, at 02:10 by aussie_87 ]

836. Posted by Brown eyed girl (Inactive 1 posts) 1y

Hi there

My husband and I are going to Vegas in a few months. We are both from the UK and are UK passport holders.

He was convicted for common assault in 2006 which resulted in community service. On the ESTA, we answered no to the "arrest" question as I am 99% confident that a common assault is not a crime involving moral turpitude, furthermore even if it was, it has a maximum sentence of 6 months (which the CBP say mean the conviction can be excluded). The CBP help section even itself advises anybody who has had their application denied because of answering yes to the question that they need to read the list of what crimes constitute involving moral turpitude and that if you retrospectively discover that the crime is "ok" you can send them the evidence through their website and they will review the application and change if it is approved,, so clearly Terry is right in that they are not trying to penalise anyone that is ever been arrested.

For our trip, we plan to print off the document from the state website defining a MT crime and the exclusion criteria, as well as info from the CPS UK website which confirms that a Common Assault is the lowest form of assault and that it carries a max term of 6 months. This is just in case they question my hubby randomly and decide to do any form of subject access request. We are Indian and thanks to our fellow brown and extremist friends, we have much more chance of being viewed as suspicious regardless of the fact we are not Muslim (sad but true) .

IF they do run a Subject access request, will that info tell them it was a common assault section 39, or is it worth getting and taking a copy of a police certificate? I only want to go through the effort of getting a certificate if the subject access request will not give all information.

Many thanks in advance

[ Edit: Edited on 07-Feb-2015, at 14:42 by Brown eyed girl ]

837. Posted by Noworrymore (Budding Member 10 posts) 1y

People really don't read through this well spend time reading it and decide yourself there is no more information that can be given lol

838. Posted by domf2011 (First Time Poster 1 posts) 1y

Hi, i am new to this forum, me my wife and two kids are going to florida at the end of april for two weeks my wife has already obtained an esta waiver but i was hesitant as i have two police cautions one for possession of class c cannabis in 2004 and another for criminal damage in 2005, i was ready to apply for a b-2 visa but stumbled upon something on the disclosure and barring service (formerly cbr) that stated adult cautions would be filtered away after six years and no longer would be on record so i am now considering just getting an esta and ticking no to arrests as i have read on other forums that by being honest sometimes your just shooting yourself in the foot and that the us do not have access to uk criminal records and rely on uk citizens coming forward with them which is probably why they request an acro police certificate at the consulate, i currently have ordered a police certificate as i was initially going to get a b2 and might see what is on there but i think i may give the esta a try anyone with any help on this matter would be appreciated thanks

839. Posted by amenicycinema (Budding Member 22 posts) 1y

travelman - I don't know how likely anyone is to be approved but when I got my waiver it was for a year and they time me most people apply for a few 1 year waivers in a row and eventually are issued a longer one. as far as I can tell you pay/attend appt each time.

domf - you'll just have to risk an esta now, it's way too late for a waiver because they take 6-12 months and can't be hurried unless its an emergency (holiday wont count)

840. Posted by travelman99 (Full Member 150 posts) 1y

Thanks Amenicycinema

I think it may be useful, if you're willing, for you to share your waiver story. As it seems people on this forum are crying out for a good news story - I'd certainly like the reassurance that its possible.

Cheers

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