Skip Navigation

Travelling to US with a criminal record in the UK

Travel Forums North America Travelling to US with a criminal record in the UK

1681. Posted by aggle (Budding Member 15 posts) 49w 1 Star this if you like it!

Roofio im getting my information from experience, I've been through this process and worked closely with an immigration lawyer.

The embassy states any arrest regardless of what it is you need to do an interview.

If Kate takes your advice of answering No, gets to the boarder and is pulled up for not declaring they've been to prison for fraud, do you know how serious that could be?!

Listen this is honestly how it will work for you Kate.

You can travel to the US and declare No, you most likely will get in but if they pull you up and you haven't declared your prison time, there could be trouble

Go to the embassy do the interview, if they say no do it again in 6 months

I repeat any arrest regardless of how small it is needs to be declared. You may still be eligible for a visa after declaring but anything whether it's spent or unspent needs to be declared

1682. Posted by leics2 (Respected Member 334 posts) 49w Star this if you like it!

Absolutely spot-on.

[ Edit: Edited on 12-Aug-2017, at 03:08 by leics2 ]

1683. Posted by Kate1726 (Budding Member 4 posts) 49w Star this if you like it!

Thankyou very much I will do this and hope for the best if not try again for next yr

Xx

Post 1684 was removed by a moderator
1685. Posted by Bazza86 (First Time Poster 1 posts) 46w Star this if you like it!

Hi
Travelling to USA next Wednesday!
I was arrested 2/3 months ago on fraud by misrepresentation, I was released under investigation, I have not been charged with anything and my criminal record is clear!
Obviously I have applied for a esta and approved!
Do you think I will have any problems??

1686. Posted by CloudStrife (Budding Member 9 posts) 46w Star this if you like it!

Most likely not but since its next Wednesday there isnt anything you can do now.

Relax and enjoy your holiday.

1687. Posted by Garlo61 (Budding Member 2 posts) 45w Star this if you like it!

Just an update - I posted on page 164 in April.

Possession of Class A on two counts and decided on the interview route - well today (five months on) I have my visa approved. I can travel to the US as I please with Vegas in four weeks :)

It's a long slog (seven months from start to finish) but it's been worth it, hope it's been useful and good luck to which ever route you choose 👍

1688. Posted by leics2 (Respected Member 334 posts) 45w Star this if you like it!

Very pleased to hear that.

I genuinely do think that lying on an ESTA is simply not worth the worry and risk it entails, most especially if you want to visit the US more than once in your life.

Getting a visa is of course more expensive and more of a hassle but it does mean you don't have to worry for 10 years and, unless you get more arrests/convictions, you won't have to worry afterwards either! :-)

1689. Posted by James83 (Budding Member 6 posts) 45w Star this if you like it!

Hi all I have a questions in regards to travelling to Hawaii in a couple of weeks time.

So I am a dual national. I have British and Australian citizenship. I am due to travel with my partner and her parents to Hawaii in a couple of weeks time for a two week holiday. My concerns are that in 2003 at the age of 20 I received a caution for streaking on campus during freshers week. I also received a fixed penalty notice in 2008 (80 pound fine) upon my graduation for drunk disorderly. Basically I fell asleep while intoxicated. I was never arrested for either of these offences but they did take my DNA and finger prints. I did travel to the USA in 2005 when I had my caution which I did not declare and had no issues. I am concerned as I found a link here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257229/pia.pdf which states that the UK does share criminal history with the USA.

I migrated back to Aus permanently in 2010. I have told my partner about this and she thinks I am being silly and worried needlessly. When I applied for my ESTA I did so on my Aussie passport but they also asked for my British Passport number as well. I have had no further involvement with law enforcement since other than a speeding fine earlier this year (I understand speeding is not classed as criminal). I am concerned that I may be arrested by the US and deported which would not be ideal in front of my partner and her parents. I have paid all my flights ect up front but upon further research came across the link above which has made me question on whether I should travel to the USA. Originally I though the UK would only share information if your were a serious criminal but it seems that only minor infarctions are also shared. Please advice. Regards, James

1690. Posted by leics2 (Respected Member 334 posts) 45w Star this if you like it!

I'm not sure what advice you expect us to give.

No-one here or anywhere else on the internet knows exactly what information is shared between countries or about whom that information is shared. No-one here or anywhere else can tell you whether the US will know about your past caution (which does form part of your criminal record) or your 2008 fixed penalty notice.

Let's look at the facts:

1. A police caution forms part of your criminal record:

http://hub.unlock.org.uk/knowledgebase/simple-caution/

A PND does not:

http://hub.unlock.org.uk/knowledgebase/penalty-notice/

2. You have already entered the US once with no issues, but that was long ago and procedures have changed (substantially, I suspect).

I'm afraid no-one can reassure you about this. My own feeling is that you are almost certainly worrying unnecessarily but I don't know that to be the case. The only way you can know for certain is when you are landside in the US.

The choice is either to go to the US on an ESTA and risk it or to apply for a full US visa to set your mind at rest. I'm sure there would be no issues with getting a visa (I know someone with a similar past record who did so with no problems at all), though it is more expensive and a hassle. But I doubt you've got time for that process.

I'm sorry I can't be more reassuring but it is as it is. No-one can tell you with any certainty whether you'll encounter issues at the US border (no visa or visa waiver automatically allows entry to any country).

[ Edit: Edited on 08-Sep-2017, at 00:16 by leics2 ]