Travelling to US with a criminal record in the UK

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

2791. Posted by leics2 (Travel Guru 1060 posts) 6d Star this if you like it!

I'm sorry things didn't go well and assume this is directly related to the type of offence for which you were convicted and regulations/guidelines etc relating to that crime. We don't need to know more details about your conviction here, so please don't give them.

However, you aren't correct that a refusal of INA 212(a)(2)(A)(i)(I) 'only happens in Belfast'. It would be neither logical nor practicable for one particular US consulate or embassy to have different procedures to other, let alone that the UK consulate would have a different process to the UK embassy....and they don't. To put it very simply, INA 212(a)(2)(A)(i)(I) is ineligibility because of a conviction for or admission of a crime/crimes involving moral turpitude. A waiver of that ineligibility can be recommended by the interviewing officer and there are many examples of people applying through the London Embassy who have been recommended for such a waiver on this thread alone. Unfortunately, in your case, that recommendation didn't happen. You can read up on INA 212(a)(2)(A)(i)(I) if you search here: https://fam.state.gov/ In some cases a

I suspect you got a INA 212(a)(2)(A)(i)(I) refusal simply because more time has passed since your conviction and last application. I'm sure your lawyer will take the appropriate steps to see if you can be granted a waiver of ineligibility so I continue to wish you the best of luck.

[ Edit: Edited on 13-Jan-2020, 16:09 GMT by leics2 ]

2792. Posted by Leyton (Budding Member 5 posts) 6d Star this if you like it!

So I am automatically refused a Visa, I go needing a waiver. But it is true that London doesn’t issue 212’s - it even says so on the London FAQ’s. Why Belfast do, I don’t know, but my lawyer told me even before my interview that in Belfast if you get a 212 you can appeal, or at least write a letter to DHS with a legal challenge, which is what Is happening. In Ldn, that doesn’t happen.

I’ll update when I hear back, it’s an unorthodox method but hoping for a glimmer of light.

Given it’s been nearly a decade, I do wonder if it will ever happen though :(

2793. Posted by 1461trean (Budding Member 3 posts) 5d Star this if you like it!

Belfast is a special case and needs to grant 212's in order to facilitate troubles related cases since the Good Friday Agreement.

Sorry for the short response on my experience

went in for interview had ARCO saying no Trace and my statement prepared about my common assault arrest I was handed it straight back and told no need as ARCO is clear

no questions asked about arrest etc

few general questions about why I'm traveling to the US (holiday)

A few detailed questions about why I visit certain countries (the reason I can't get an ESTA and said I am approved

3 days later my passport arrived with a 10 year multi entry visa

in all I was in the consulate around 30 mins interview lasted 3 or 4 mins most of that time was him typing

and was out the door before my appointment time

this was Belfast btw

2794. Posted by leics2 (Travel Guru 1060 posts) 5d Star this if you like it!

> London doesn’t issue 212’s - it even says so on the London FAQ’s.

As far as I can see the London FAQs refer to 214b refusals but I can't see where it states 212(a) refusals aren't issued?

But, whatever the underlying reasons for the issuance of a 212(a) refusal, I'm sure your lawyer will take the appropriate steps. :-)

[ Edit: Edited on 14-Jan-2020, 09:14 GMT by leics2 ]

2795. Posted by Mog9090 (Budding Member 8 posts) 5d Star this if you like it!

Leyton, can you please refer me to your lawyer? I’m in if dire need of one.

2796. Posted by Mog9090 (Budding Member 8 posts) 5d Star this if you like it!

Have never been stopped by law or got trouble by law in the UK, May have been involved with the wrong people but never really got convicted for a crime. However, got stopped in USA 2018 by border officer in Detroit. They held me for 8 hours and searched my phone, finding evidence of CIMT (fraud)- not necessarily me but I took ownership of it thus made me inadmissible to US entry. Also, when I was around people who done this crime, I was underraged (Under 18) but they asked me on the border after finding it out and I admitted to some of the “attempted” crimes found on my phone - which again wasn’t really me but my dumb self decided to just take the bad deed and keep going on with life, hoping I was let through... I was so naive.Haven’t attempted in applying for a VISA or more so was scared to.

Also, when I was travelling I had my grades from secondary in my luggage as 2017 I was asked for proof of education in Florida so I thought having additional documentation would help me ease through secondary proceedings as it was a common thing for me to get stopped since Trump came in power.

What should I do? I have most of my family in the states and they also own a business which in the future they may want me to be employed to them (if I want which right now I do not). I posted earlier asking for good London based US lawyers which will help tremendously.

[ Edit: Edited on 14-Jan-2020, 17:35 GMT by Mog9090 ]

2797. Posted by leics2 (Travel Guru 1060 posts) 5d Star this if you like it!

Mog9090:

I can't find your previous posts on this thread. Are you a UK citizen? I assume you travelled to the US using an ESTA? Were you allowed to enter the US after you were stopped and questioned in 2017 and 2018?

The fact that you were stopped in both 2017 and 2018...and you say it's a 'common thing' for you to be stopped.....does suggest that you are 'flagged' for some reason and are thus likely to be stopped in future. If you were allowed into the US after being stopped I don't understand why you would be 'scared' to apply for a visa? If you were deported it's a different matter, of course.

I'm not sure why you think paying a lot of money for a lawyer's advice would be helpful at this stage? You haven't applied for a visa so you haven't yet been refused. A lawyer can't prevent you being stopped on entry to the US (or anywhere else) so I'm not sure why you want legal advice. To help you get a visa?

[ Edit: Edited on 14-Jan-2020, 18:01 GMT by leics2 ]

2798. Posted by Mog9090 (Budding Member 8 posts) 5d Star this if you like it!

Quoting leics2

Mog9090:

I can't find your previous posts on this thread. Are you a UK citizen? I assume you travelled to the US using an ESTA? Were you allowed to enter the US after you were stopped and questioned in 2017 and 2018?

The fact that you were stopped in both 2017 and 2018...and you say it's a 'common thing' for you to be stopped.....does suggest that you are 'flagged' for some reason and are thus likely to be stopped in future. If you were allowed into the US after being stopped I don't understand why you would be 'scared' to apply for a visa? If you were deported it's a different matter, of course.

2017 I was let through but was asked normal secondary questions - guy was nice. But 2018 I was denied entry on the findings of CIMT on my phone that I foolishly admitted to hence why I might need a lawyer who can help me get a visa for visiting or in the future possibly a working visa.

I previously wrote on here before but I think my posts got removed or I removed them (not too sure) as it had too much details. It’s been almost a year or two since I posted on here since I gave up hope on going to the USA. But that hope has reignited.

I am of Somali background and I’m born in the Netherlands and it’s been a common thing for somalis to have been stopped for questioning due to the country being part of one of the banned nations.

[ Edit: Edited on 14-Jan-2020, 19:28 GMT by Mog9090 ]

2799. Posted by leics2 (Travel Guru 1060 posts) 5d Star this if you like it!

You don't give your citizenship but I assume you travel on a Netherlands passport? You are correct that if someone has travelled to Somalia since 2011 he/she is not eligible for an ESTA and will need a visa....but Somalia is not a 'banned nation'.

As you were denied entry (and presumably deported?) only a year or so ago I think your chances of getting a visa at the moment are very slim ineed, with or without a lawyer's assistance.

You can pay for legal advice if you wish (it won't be cheap) but, for now, I'd advise you simply to wait as long as you can before thinking about a visa application (clearly, trying to re-enter the US on an ESTA would not be a good idea!). The more evidence you can gather to prove that you are a responsible, non-criminal and hard-working citizen with strong UK or Netherlands ties (i.e. compelling reasons to return to the UK/Netherlands and don't intend to work illegally in the US or to overstay) the better your chances.

A lawyer can't 'help' you to get a visa as such: that decision is always made by the authorities. A lawyer can advise you about what your chances are, can tell you what (if anything) you can do to improve your chances and, in very specific circumstances, a lawyermay be able to help you appeal against visa refusal. But, as I said, seeking legal assistance is never cheap.

[ Edit: Edited on 14-Jan-2020, 19:50 GMT by leics2 ]

2800. Posted by Mog9090 (Budding Member 8 posts) 4d Star this if you like it!

Understood, thank you.

However it’s been 2 years since I’ve been denied entry to USA. And not only that the supposed crime or criminal activity happened when I was a minor? Thus these occurred much before that. Happened around 16-17 and when I denied entry I was 19.

Ever since though I’ve been working extremely hard and abiding by law. Of course I understand the earlier the worse my chances - but I may need this in the future for employment reasons. I’ve always traveled to US growing up about 6 times lol. My family (grandma and uncles) are based there and I have no family down here which is sad hence why I used to visit a lot.

Hopefully all clears up in the future but this did cause me depression for 2 years. Lol I’ve become much better now hence why I came back on here to find hope. Thanks a lot Leics2 - we are very lucky to have you and I will pray good wishes towards you.