Travelling to US with a criminal record in the UK

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

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2891. Posted by leics2 (Travel Guru 1188 posts) 2w Star this if you like it!

It's very good that you haven't actually used the ESTA. That's a big plus in your favour.

>There must be others out there who have been through similar?

I cannot stress enough that the experiences of others cannot have any real relevance to your own experience. As I said, all decisions are made on a case-by-case basis (within US law and internal regulations, rules and guidelines which are not in the public domain) and no one person has the exact same circumstances as another.

>serious harm to another person (I thought this meant physical I.e. assualt)

I really don't think that's a sensible reason to use as to why you ticked 'No'. It's really not a good idea to imply that you don't think rape causes 'serious harm' to another person when it so very clearly does. I'm sure you don't actually think that but by saying you only thought 'serious harm' mean physical assault that's what you're implying......and all rape is physical assault anyway. If you're asked (and you may not be....no-one knows for certain) it would perhaps be better to explain that you initially misunderstood the 'arrested' part because no charges were brought (I assume), then had second thoughts and applied for a visa.

>I can't believe and won't believe for one second that a false allegation can affect travel to the US 10 years later.... or can it.

No-one here or anywhere else can tell you how US border officers might view a false allegation of rape but it's important to remember that each country has the absolute right to deny entry to anyone other than its own citizens, regardless of whether you or I might think the reason for denial is right or wrong, fair or unfair.

>I will keep this up to date

Please do: it will be appreciated. Whilst the experiences of others can never be a firm indication of what will happen to any one individual they can often provide useful information.

[ Edit: Edited on 14-Mar-2020, 20:43 GMT by leics2 ]

2892. Posted by BlizzardFall (Budding Member 3 posts) 2w Star this if you like it!

I really don't think that's a sensible reason to use as to why you ticked 'No'. It's really not a good idea to imply that you don't think rape causes 'serious harm' to another person when it so very clearly does. I'm sure you don't actually think that but by saying you only thought 'serious harm' mean physical assault that's what you're implying......and all rape is physical assault anyway. If you're asked (and you may not be....no-one knows for certain) it would perhaps be better to explain that you initially misunderstood the 'arrested' part because no charges were brought (I assume), then had second thoughts and applied for a visa.

I agree with you fully and apologise, I didn't mean to imply that rape is not a serious offence that does not cause harm (I am only thinking / talking of my own circumstances in which that was certainly not the case hence ticking no, as in good conscience I have never hurt anybody physically).

I am innocent (as was proved at the time, hence no further action) of the allegation and wrongly assumed that the incident would never affect me.

I was also told at the time by the police that it would never affect me (I had no idea it would show up on my subject access which I only applied for as didn't know my court date for the other offence).

As per the polices comments at the time, No Further Action and as the arrest was never shown on an enhanced DBS (even several months after the event), I wrongly assumed this was never logged.

As stated I have applied to have the arrest removed from my PNC record so will see what happens, Thanks again for your responses.

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