Travelling to US with a criminal record in the UK

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

2621. Posted by TheAussies (Budding Member 8 posts) 1w Star this if you like it!

I was planning to move by end of next year with employment, if someone could advise me what to do please

I think you have to put your plans on hold for at least five years. Class A drug offence is a felony and I feel that it is literally impossible for you to be granted a waiver or visa next year.

What I am suggesting here is you can consider working in countries like Australia, Singapore, Taiwan or the UAE. These countries had served many people as a springboard to work in Canada and the states.

5 years is abit long ngl wb if I wait 2/3 years, I’m a very good and honest person who just mad a stupid mistake, I feel like I could have a chance to persuade the embassy

The only way you can persuade anyone from the embassy is if you were wrongly accused of the drug offence, which seems very unlikely from the way you chose your words.
I'm not judging but I think you should refrain from 'persuading' anyone from the embassy as it could be seen as justifying your drug offence and if it comes to that, it will hurt your case.
Also, age could be something an official would consider before granting a waiver or a visa. You are very young (even after 3 years) and the fact that you are young could hurt your case as well.

So if I pass in jan and there’s a job available in the US should I apply ? Or still wait a couple years for caution to not be as relevant

Nobody can stop you from applying whatsoever but I feel that if you want to maximize your chances, you should start working in the countries that I've mentioned for at least 3 years.
By then you'll certainly make a point on why a US company should choose you and why the embassy official should grant you a waiver and/or a visa, provided if you stay out of trouble.

[ Edit: Edited on 09-Sep-2019, 06:35 GMT by TheAussies ]

2622. Posted by TheAussies (Budding Member 8 posts) 1w Star this if you like it!

Multiple post.

[ Edit: Edited on 09-Sep-2019, 06:30 GMT by TheAussies ]

2623. Posted by Tkid35 (Budding Member 6 posts) 1w Star this if you like it!

Thanks everyone for the help, so 5 years it is :/ but better than never I guess.

So I can’t work in Canada either ? I can’t really imagine me living in those other listed countries.

2624. Posted by leics2 (Travel Guru 937 posts) 1w Star this if you like it!

Remember that 5 years isn't an absolute guarantee. Visa rules, regulations and internal guidelines can and do change.

Canada also has strict rules about drug and other criminal offences. For obvious reasons, Canada and the US share information.

You can explore Canadian work visa options here:

https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool.html

This page gives a useful overview of Canada's approach to criminal offences:

https://hub.unlock.org.uk/knowledgebase/travelling-canada/

[ Edit: Edited on 09-Sep-2019, 12:10 GMT by leics2 ]

2625. Posted by Kelliana (Budding Member 6 posts) 4d Star this if you like it!

Hi Good evening. I am new to this forum. I got a conviction for preventing the course of justice in 2011. That was my first time getting in trouble with the law and I have never gotten in trouble after that. I applied for the Esta in 2012 and declared that I had a conviction n had to apply through the embassy. I applied but was denied as they said it was too close to my conviction, I was devastated. I didn’t apply again until last week but this time at the Belfast location. They said I was ineligible due to the crime coming under moral turpitude. I explained and showed evidence that I am employed with the local council working in legal services, they are aware of my conviction and said I’m not imposed as a risk. I was given back my passport and was told that they will be submitting a waiver of ineligibility to the department of homeland security. This can either be approved or denied by them so I’m just keeping my fingers crossed.

2626. Posted by Ooberj (Budding Member 20 posts) 4d Star this if you like it!

Quoting Kelliana

Hi Good evening. I am new to this forum. I got a conviction for preventing the course of justice in 2011. That was my first time getting in trouble with the law and I have never gotten in trouble after that. I applied for the Esta in 2012 and declared that I had a conviction n had to apply through the embassy. I applied but was denied as they said it was too close to my conviction, I was devastated. I didn’t apply again until last week but this time at the Belfast location. They said I was ineligible due to the crime coming under moral turpitude. I explained and showed evidence that I am employed with the local council working in legal services, they are aware of my conviction and said I’m not imposed as a risk. I was given back my passport and was told that they will be submitting a waiver of ineligibility to the department of homeland security. This can either be approved or denied by them so I’m just keeping my fingers crossed.

Good luck !

Although all cases are on an individual basis, having been recommended is a positive step. I have been referred twice (approx 10 years from conviction and this year ) both successful and all due to a 4 month custodial for theft .

Let us know how you get on!

2627. Posted by leics2 (Travel Guru 937 posts) 4d Star this if you like it!

Good evening, Kelliana.

Your experience is normal for people who have criminal convictions involving vrimes of moral turpitude (CIMT) who apply for a US visa. Applying just a year after your conviction was of course too soon but, 8 years later, you can show that you are a responsible, law-abiding citizen....and that is what matters. If a conviction was for a CIMT (or drug-related) a waiver of ineligibility must be granted before a visa can be granted.

>This can either be approved or denied by them so I’m just keeping my fingers crossed.

The fact that the interviewing officer recommended you for a waiver of ineligibility means that he/she thinks there is a good chance that it will be granted (though there are no guarantees). You are correct that waivers can be denied but, in most cases, they are granted, not least because interviewing officers have a very good idea of what is and what is not acceptable. They don't waste time, effort and money making recommendations when they know or think there is a good chance that the waiver will be refused.

You'll already know that processing waivers via the London embassy usually takes 6-8 months and that processing via the Belfast consulate is a bit quicker at 3-4 months. If your waiver is granted (as I strongly suspect it will be) you'll be asked to send in your passport for the visa. The usual length of visa validity is 10 years but, most especially if a waiver is involved, validity can be shorter ...so don't be surprised if your visa is for less than 10 years.

I wish you the best of luck! :-)

[ Edit: Edited on 13-Sep-2019, 21:16 GMT by leics2 ]

2628. Posted by Hessian13 (Budding Member 9 posts) 4d Star this if you like it!

What the.... how is Kelliana's Perverting the Course of Justice a crime of moral turpitude? Are you actually kidding?
My crime is Witness Intimidation or Witness Tampering as they would call it in US which received 8 months. Just making threats whilst there was a trial. Crime of Moral Turpitude?

2629. Posted by AndyF (Moderator 1720 posts) 3d 1 Star this if you like it!

Quoting Hessian13

What the.... how is Kelliana's Perverting the Course of Justice a crime of moral turpitude? Are you actually kidding?
My crime is Witness Intimidation or Witness Tampering as they would call it in US which received 8 months. Just making threats whilst there was a trial. Crime of Moral Turpitude?

I'm surprised at your apparent outrage, since perverting the course of justice seems quite obviously to me to involve behaving immorrally.

The difficulty is there is no definition of CIMT.

I think you need to look at your outlook if you see it as "just" making threats. Say that to an interviewing officer and you'll appear to be a thug who doesn't respect other people or the rule of law.

2630. Posted by leics2 (Travel Guru 937 posts) 3d Star this if you like it!

> how is Kelliana's Perverting the Course of Justice a crime of moral turpitude?

None of know the details of Kelliana's case but aiding and abetting in the commission of a crime involving moral turpitude is a CIMT in itself. Assisting an offender (which perverting the course of justice is) is also a a CIMT. Whilst CIMT is not precisely defined, case law characterises it as 'conduct that shocks the public conscience'.

>Just making threats whilst there was a trial. Crime of Moral Turpitude?

Your crime would almost certainly be considered a CIMT. Your actions meant you were aiding, abetting and assisting an offender and your crime would certainly 'shock the public conscience' in the UK and the US.

It seems you don't consider your behaviour to have been serious or immoral ...or even wrong (?)....despite the fact that you received a substantial prison sentence for it. That certainly won't impress any interviewing US border officer.

[ Edit: Edited on 14-Sep-2019, 07:28 GMT by leics2 ]