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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

1701. Posted by puppa17 (Budding Member 66 posts) 44w Star this if you like it!

I am sure it will be a problem to enter the US. Immigration there is a serious thing. A friend of mine didn't get her visa even if married with a man who works in the us.

1702. Posted by CloudStrife (Budding Member 9 posts) 42w Star this if you like it!

Not the correct thread but don't want to create a new thread.

Wife's Mother and Father are taking their Son and his Wife along with 3 kids to Florida. We can't go as my Wife is pregnant.

Anyway the oldest child does not have the same surname as the rest of the family including her Mother as she has a different Dad. Obviously this situation is common enough but should it be a problem at the border?

Wife's Mother says she read that they can be funny about this sort of thing. Didn't see the article she got this off though.

Thanks

1703. Posted by leics2 (Respected Member 330 posts) 42w Star this if you like it!

It really would have been better to start a new thread imo because a) this is nothing to do with having a criminal record and b) 'hiding' the replies in here means others won't come across them if they need to ask a similar question.

To the best of my knowledge 'they' are no 'funnier' about that sort of thing at the US border than UK border officials. Whilst children with different surnames are pretty commonplace nowadays, the whole issue has had an increasingly higher profile over the past few years, largely because of child abductions and child trafficking.

To save worrying, here's a couple of simple solutions:

1. Take a copy (a photocopy will do) of the child's full birth certificate. It will have both the mother's name and the father's.

2. Get the father to write a formal letter of consent acknowledging that the child's mother is taking the child out of the country for a family holiday and that he is happy for her to do so.

The US Customs & Border Protection site says this:

If a child (under the age of 18) is traveling with only one parent or someone who is not a parent or legal guardian, what paperwork should the adult have to indicate permission or legal authority to have that child in their care?

U.S. Customs and Border Protection (CBP) strongly recommends that unless the child is accompanied by both parents, the adult have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, friends, or in groups*, a note signed by both parents) stating "I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter/group. He/She/They has/have my permission."

https://help.cbp.gov/app/answers/detail/a_id/3643/kw/child%20different%20surname

The Telegraph published an article about this exact issue in May, including a link to a Home Office letter of consent template :

http://www.telegraph.co.uk/travel/family-holidays/how-to-travel-abroad-with-a-child-with-a-different-surname/

1704. Posted by Brotherbill (First Time Poster 1 posts) 42w Star this if you like it!

Hey I am from Australia and was hoping for some advice. When I was 18 I got caught urinating in public and shoplifting, they were both minor incidents and dealt with a fine only, no arrest and as such no criminal record only on my states police record which is seperate in Aus. I have plans to travel to USA sometime and these alone would be no big deal as it has been 6+ years or so. However please don't judge but about a year ago I tested positive on a random drug test while driving to thc. This did lead to an arrest and a court date but again it is dealt with as a traffic offence and is only placed on your traffic and state police record and not on your criminal record. Now according to my own country im no criminal but Im not sure with all these issues I will be granted access to USA. I feel maybe I should declare just the DUI and hope for the best. Any advice for my situation, will they be able to see everything?

1705. Posted by TravellerofStar (Budding Member 3 posts) 42w Star this if you like it!

Hi all,

Just back from two weeks to the USA. Landed in LAX and they knew absolutely nothing about me. Some have suggested that my offences (minor driving offences, not as serious as a DUI) that I was convicted of in court didnt make me inelligable for the ESTA anyway, but I was obviously worried nonetheless.

Tick no on the ESTA if it's not serious, it really isn't worth the hassle.

I was originally traveing to Canada, but ticked yes on their version of the ESTA and was rejected, so now I have a 6 month wait till I can apply for criminal rehabiliation (from a small car accident where no-one was injured) a process which can take up to a year!

1706. Posted by Benjaminedmund (Budding Member 9 posts) 41w Star this if you like it!

Hi,
Have been reading posts for an hour now 😥 hard work but some great info there....haven't come across my situation though.
I'm british, never ever been in trouble for anything ever, in stable long term relationship with kids and own our house, have my own business and partner has long term job, however .......
13/14 years ago i had a bad relationship, we were going to new york for a weekend, but little did i know i was taking a case of khat (that stuff that a famous athlete uses when he goes back to his family home. ..chewing sticks of caffeine i believe) .... that was my boyfriends doing and i knew nothing about it until they searched me and i was refused entry and returned back to the uk. (Yes i was niave! But can't change that now).
Have blanked out that year of my life, and now my kids are at the disneyworld age .... knew this day would come around!
So i applied for an esta being honest and it was refused. (I knew it would)
So i arranged my interview for a visa, had it this morning in London. The man said I've good news and bad news, i was refused a visa but he recommended me for a waiver of ineligibility. He said it would be up to 6 months until i hear, and it would be via email, where if agreed, i would then send my passport off and have it back within 2 weeks.
Has anyone recently applied for a waiver, are they really taking 6 months, or is that just a standard time frame given... only asking as disneyworld free dining ends in November, and i dare not book anything just incase they still refuse it.
What's your thoughts.... do they often refuse waivers?
Many thanks,
A once niave girl!

1707. Posted by roofio (Budding Member 7 posts) 41w Star this if you like it!

Hi quick update, I'll come back on at some point. To cut a long story short, I was ruled inadmissible due to previous conviction (sec 20 oapa ) with 16 months custody in 2012. I interviewed in May at the embassy who recommended me for waiver. Received a letter of rejection today. Wad quite surprised to be honest based on feedback from experienced posters on here and other sites stating they never recalled a recommended waiver being rejected. Will have to consider my limited options at the point but not really that desperate to get state side, although it would have helped career wise.

1708. Posted by aggle (Budding Member 15 posts) 41w Star this if you like it!

Quoting Benjaminedmund

Hi,
Have been reading posts for an hour now 😥 hard work but some great info there....haven't come across my situation though.
I'm british, never ever been in trouble for anything ever, in stable long term relationship with kids and own our house, have my own business and partner has long term job, however .......
13/14 years ago i had a bad relationship, we were going to new york for a weekend, but little did i know i was taking a case of khat (that stuff that a famous athlete uses when he goes back to his family home. ..chewing sticks of caffeine i believe) .... that was my boyfriends doing and i knew nothing about it until they searched me and i was refused entry and returned back to the uk. (Yes i was niave! But can't change that now).
Have blanked out that year of my life, and now my kids are at the disneyworld age .... knew this day would come around!
So i applied for an esta being honest and it was refused. (I knew it would)
So i arranged my interview for a visa, had it this morning in London. The man said I've good news and bad news, i was refused a visa but he recommended me for a waiver of ineligibility. He said it would be up to 6 months until i hear, and it would be via email, where if agreed, i would then send my passport off and have it back within 2 weeks.
Has anyone recently applied for a waiver, are they really taking 6 months, or is that just a standard time frame given... only asking as disneyworld free dining ends in November, and i dare not book anything just incase they still refuse it.
What's your thoughts.... do they often refuse waivers?
Many thanks,
A once niave girl!

I doubt you will hear anything back before November
They told me it would be 4 months and they got back to me in 3

1709. Posted by leics2 (Respected Member 330 posts) 41w Star this if you like it!

> What's your thoughts.... do they often refuse waivers?

Benjaminedmund, no-one can possibly answer that question nor can anyone tell you how long it might take for your waiver to come through or be rejected. Each case is judged on an individual basis and parameters change all the time.

Unless you can get free cancellation would not be sensible, imo, to book your Disneyword trip unless and until you hear that your waiver has been accepted.

> Wad quite surprised to be honest based on feedback from experienced posters on here and other sites stating they never recalled a recommended waiver being rejected.

Roofio, imo anyone who makes such a sweeping generalisation..or even implies such a thing...... is being thoroughly irresponsible, not least because no-one on any forum can possibly know the outcome of more than a very few individual cases. As you've unfortunately found out, even those recommended for a waiver are not guaranteed to get one nor can anyone on any forum possibly gauge the chances of any one individual being granted a waiver. No-one on any forum, however 'experienced' they might be (or pretend to be), can know all the relevant details of an individual case nor do they know the details of the parameters which are in place at the time of application.

[ Edit: Edited on 02-Oct-2017, at 10:23 by leics2 ]

1710. Posted by roofio (Budding Member 7 posts) 41w Star this if you like it!

Yes it is a fair point. Can only go off the anecdotal evidence. Anyway the DHS disapproved my application. Nothing on there to suggest recourse to appeal. This here for posterity now and people can see that it isn't quite clear cut. I'll update if I decide a route forward.