Travelling to US with a criminal record in the UK

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

Post 1811 was removed by a moderator
1812. Posted by leics2 (Respected Member 368 posts) 33w Star this if you like it!

> if I started to fill the visa application and just leave it to expire after the 30 days do you reckon they would still have the information on record somewhere?

No-one here can say for certain though I wouldn't be surprised if information which has been submitted is retained, if only for a limited period.

> Say if I do go for the visa and it’s rejected can I still fly to Hawaii if I change my flight details and find one that doesn’t stop in the US?

Hawaii has been a US state since 1959 so I'm afraid the answer is no. The same visa waiver or visa requirements as for the US apply even if you fly directly to Hawaii.

I assume you are flying to Hawaii from the US and then from Hawaii back to the mainland US ? You won't go through formal border control (i.e. immigration/passport & visa check) though you'll obviously need to show your passport at check-in. You'll certainly go through formal border control on arrival from the UK (questions, photo, all 10 fingerprints). The US>UK exit check is, in my experience, pretty cursory (not really surprising......you're leaving the country).

Post 1813 was removed by a moderator
1814. Posted by travelman99 (Respected Member 222 posts) 33w Star this if you like it!

No - unless you pressed submit on the visa app it won’t be stored. Ultimately by submitting, you are agreeing to their T&Cs and your information will then be sent to their server for processing. Without submitting it is not stored.

Secondly, the paragraph you shared should not be taken as consolation. Any caution given after 2008 is treated as an admittance of guilt and for the purpose of applying for a visa it’s treated as a conviction.

It’s why many people with cautions choose not to go the visa route. A caution is given my the police and not in a court of law, and since the Americans do not use cautions, morally they don’t need to know.

Post 1815 was removed by a moderator
1816. Posted by Michelleleej (Budding Member 27 posts) 32w Star this if you like it!

My husband has his interview at embassy Thursday
He has a criminal record from over 20 years ago.
Ant advice on what to expect and what to do?

Post 1817 was removed by a moderator
1818. Posted by leics2 (Respected Member 368 posts) 32w Star this if you like it!

>Ant advice on what to expect and what to do?

This document gives details of what your husband must, can and cannot bring to the interview:

https://uk.usembassy.gov/wp-content/uploads/sites/16/niv-apppointment-guide.pdf

1. Your husband must bring a printed copy of his appointment letter with him.

2. It would be sensible to also bring evidence of sufficient funds to support himself during his US visit as well as proof of where he lives and his employment (to prove reasons for coming back to the UK).

2. He will not be admitted more than 30 minutes before his appointment time but should not risk being late.

3. He can expect the process to take 2-3 hours.

4. If your husband has a cut or blister on a fingertip he will be asked to reschedule (because fingerprint-taking won't work properly). He shouldn't cancel the appointment for that reason, just be aware that it might happen.

5. The topics discussed and the focus of questions of course varies from applicant to applicant. Obviously he should answer all questions courteously and honestly. If asked, he should explain that he applied for the recently-denied ESTA simply because he didn't realise the US does not accept any convictions as 'spent', however long ago they took place.

6. Given his past offences, (which you detailed in an earlier post), plus his recent ESTA denial, I think it's probable that he will be allowed to apply for a waiver of ineligibility .....though he can just be refused a visa. If an application for a visa of ineligibility is allowed the official who deals with him will explain the process.

[ Edit: Edited on 04-Feb-2018, at 13:00 by leics2 ]

1819. Posted by Michelleleej (Budding Member 27 posts) 32w Star this if you like it!

As always Leics2 you offer great advice. Thank you I will of course let you know how we get on. He will continue to be honest as that’s all we can do.
Thank you all

1820. Posted by Michelleleej (Budding Member 27 posts) 32w Star this if you like it!

Shelly1822 I will let you know.