Travelling to US with a criminal record in the UK

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

1791. Posted by Michelleleej (Budding Member 27 posts) 33w Star this if you like it!

Thank you, we should get the main police report through next week. As soon as I do we can complete the DS-160 then get an appointment. Our lack of understanding has made everything 10 times worse. Time is not in our side, nor are his convictions and incorrect information put on the estas. I can’t stop crying. Our own fault for booking.

1792. Posted by Benjaminedmund (Budding Member 9 posts) 33w Star this if you like it!

Can you n9t make an appointment whilst waiting for police report.
They asked me to send one after my interview .... I had taken dbs instead as have enhanced ones and thought they'd be enough....but got a letter a week after appointment asking for acro....that came in a couple days.
Might save you a week or so on appointment

1793. Posted by Michelleleej (Budding Member 27 posts) 33w Star this if you like it!

YOU have to have the reference from the DS-160 and until I get the police report I am not sure what to put as it asks you to explain when you put yes to criminal convictions.
Did you have any drug related convictions. From what I have read they refuse you full stop if you have anything with that on :-(

1794. Posted by Benjaminedmund (Budding Member 9 posts) 33w Star this if you like it!

Mine was being silly and Not realising what was going on. I had absolutely no idea that my so-called friend had set me up as I took his cases through security.
So I was caught trying to take a banned substance...not a drug.... smuggling it jnto jfk 14 years ago ...was sent home and banned from using esta.
Still can't believe I didn't realise what was going on.
Naive.
I think the man at I review believed that I didn't have a clue until I was stopped, but final decision is with homeland security....
I really didn't think they would give me a visa!
I've never been in any trouble at all otherwise.
Banned substance was Khat. Not a drug but apparently some sort of caffeine sticks, a well known athlete openly uses them when back at home country.... just consider myself lucky it wasn't anything else!!!

[ Edit: Edited on 31-Jan-2018, at 23:49 by Benjaminedmund ]

1795. Posted by leics2 (Respected Member 372 posts) 33w Star this if you like it!

>Did you have any drug related convictions. From what I have read they refuse you full stop if you have anything with that on

Depending on the exact nature of the offences and the sentence/s, I agree that it is probable that your husband will not be granted a visa at the time of interview but it possible that the official will suggest an application for a 'waiver of ineligibity'. It is that waiver which can take 6-8 months to process (Belfast isn't any quicker).

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html#waivers

Visa rules, regulations and internal guidelines can and do change and the initial decision is made by the official who does the interview. As I said earlier, that decision is based on the individual circumstances of the person applying,.....not just his/her past record (criminal or otherwise) but also his/her present circumstances, as well as how he/she answers the questions. That is why the experience of others can only be taken as a the very roughest of guides as to what will happen to another individual.

I'm really sorry about your circumstances. As you say, it's a pity you didn't investigate the whole US entry thing and get it sorted before booking....but it is as it is. Now it's a matter of gritting your teeth, getting on with it and hoping for the best.

It will help you if you make a 'plan B' for the worst-case scenario now. Decide what you will do if either a) your husband is refused a visa or b) his application for a 'waiver of ineligibility' does not come through in time (as I fear it may not). Making a plan (whether it is to go alone, to pay to change a ticket name and take someone else or to cancel both the holiday and the flights, accepting that there will be a financial loss ) will help to set your mind at rest a bit more.

[ Edit: Edited on 01-Feb-2018, at 01:28 by leics2 ]

1796. Posted by Michelleleej (Budding Member 27 posts) 33w Star this if you like it!

I’m not sure what plan b is yet, we won’t get the police report through until next week so I can’t even book the appointment. On the DS-160 it asks you to explain if you say yes to a criminal record, are they asking for a full explanation as to what you did or explain why you did it? As what you did will be on the police report. From what I understand because of his record the embassy are unable to offer you a visa there and then anyway and the only hope would be if he was considered for a waiver of ineligibility in which case 4 months is not long enough anyway. 😞 it’s such a shame it effects the children too

1797. Posted by travelman99 (Respected Member 222 posts) 33w Star this if you like it!

With the weed conviction, was it just possession, or supply? If its just possession you will get a visa on the day.

Anything less than 30g and you’re fine. If he was done for supply, then you’ll have to go through the waiver process.

1798. Posted by Michelleleej (Budding Member 27 posts) 33w Star this if you like it!

Unfortunately it was the latter one in 1997. I need to start preparing me and the children to go on our own, loosing all that money is not an affordable option. :-(

1799. Posted by Gwenna (Budding Member 16 posts) 33w Star this if you like it!

Quoting Michelleleej

Unfortunately it was the latter one in 1997. I need to start preparing me and the children to go on our own, loosing all that money is not an affordable option. :-(

Aww I really feel for you. I was in the same situation. Booked the holiday on a whim for my husband, myself, daughter, son in law and grandchildren.
Holiday of a lifetime all singing all dancing, flying premium etc etc. Last time we went it was just filling in a form on the flight,!!!
It was only when booking did they say about an ESTA, But still didn’t realise what it entailed.
So when looking into it and the criminal record thing my husband had a record that was 45 years ago (yes that’s 45 years) it was a CIMT. My husband being the honest type went straight for the visa route and made the appointment after the police cert. arrived. In all our nievaty we honestly thought they would grant the visa that day because of how long ago it was and has been employed by same company for 38 years and blah blah blah.
They refused point blank, but did put him forward for a waiver of ineligibility - it took six months to the day, but sadly not soon enough.
Well, that was This time last year, the holiday has been and gone and we all had a great time, Skyped him every day and he was just happy that we were all enjoying the holiday. It wasn’t the same for us him not being there, but lesson learnt albeit the hard way.
I’m sure I wasn’t the first and going by this thread I most certainly am not the last.
Good luck.

1800. Posted by Michelleleej (Budding Member 27 posts) 33w Star this if you like it!

Gweena I am gutted to hear you went through the same thing we are going through. I’m not sure what a CIMT is but that was such a long time ago I can’t understand why they were so strict. I’m assuming even though you had travel dates they didn’t care otherwise they maybe would of hurried things a long? Even if he did get granted by the time we get the appointment it will only be 4 months away and there no way we will get it in time. We honestly assumed his convictions were clear hence us saying no to everything on the esta, we wrongly assumed that being called for jury service was a good indication they were gone and so didn’t need to declare anything. Just seem to of made things worse. I could change the flights at a large cost to maybe September but they may not grant him a visa full stop due to the intent conviction 20 + years ago. I wish I had a magic wand :-(