Travelling to US with a criminal record in the UK

>how long would I have to wait before trying to apply for a visa and getting an interview? Would I need to wait 10 years from the charge? Or could it be as little as 2-3years?

How long you wait depends on all the details of the offence, the sentence and on all your other circumstances. Decisions are made on an individual basis working within US law and internal regulations & guidelines.

Given that your offence is drug-related and resulted in a lengthy sentence (even if not custodial) I'd suggest you wait a minimum of 10 years. Having said that, there's nothing to stop you applying for a visa whenever you want. If your application is refused the interviewing officer will normally give you an idea of how long to wait until you try again.

>Do they even allow anyone with a bigger drug charge to come in? Is it even worth the try?

It depends what you mean by 'bigger'. Obviously dealing/smuggling is worse than simple possession for personal use.

It's certainly worth a try because, as I said above, decisions are made on an individual basis.

>would it have to be the esta visa I apply
For and not the visa waiver program??

Esta is the visa waiver program. The Esta asks whether you have ever violated laws concerning illegal drugs. Unless you lie you'll answer yes and you'd get an immediate refusal.

You'll need to apply for a visa and, given your offence, will have to hope that the interviewing officer recommends you for a 'waiver of ineligibility'. Such a waiver may take several months to process but if it's granted you'll get a visa. As your offence was drug-related you might also have to attend a medical.

>I served a community sentence of 18 months. So I wasn’t incarcerated for that time.

It's not incarceration that is the deciding factor. It's the offence, all the details of the offence and all the details of your past and present circumstances

Interviewing officers want to be sure that a) you accept responsibility for your offence b) that you feel shame and regret c) that you have not and will not commit similar offences in future d) that you are a law-abiding, responsible citizen with strong ties to your own country and e) that you will not break the law during any visit to the US.

[ Edit: Edited on 16 May 2023, 10:43 GMT by leics2 ]

Quoting leics2

>How risky would it be if I travelled on a ESTA and didn’t declare the conviction at all? Is there a high success rate?

>If there’s any risk I’m not going to put my family through this.

Sexual offences which require the register to be signed are 'crimes involving moral turpitude' (CIMT). Offenders are not eligible for an Esta and will almost certainly need a waiver of ineligibility before they are granted a visa.

There is always a risk when people lie on the Esta. Please don't believe those who suggest you can do so with no risk attached.

No-one here or anywhere else on the internet can tell you the chances of 'success' if you lie on the Esta. One person's guess is no better than another's.

No-one here or anywhere else on the internet can tell you exactly what criminal record information is shared between the UK and the US. That information is not in the public domain.

When you were found guilty you were directed to sign the sexual offenders register. No-one here or anywhere else on the internet knows for certain whether that particular register is shared with the US and/or other countries.

Before making a decision you should be fully aware of the potential consequences. Lying on the Esta is a US criminal offence.

1. Anyone can be taken for secondary questioning on arrival in the US. People are chosen at random, not just those who look 'suspicious' or 'nervous'. If your lie is uncovered border officers can refuse you entry and deport you to the UK.

2. If your lie is discovered in the US through e.g. contact with the police because of a car accident you could be charged with fraud as well as being deported later.

3. If you lie on the Esta once you will have to lie every time you want to visit the US. Any future US visa application will show you lied and that fact will affect your chances of getting a visa.

4. If you are refused entry or deported from the US you will almost certainly be barred from returning for a very lengthy period of time.

Being refused entry and/or deported in one country can also affect your chances of getting a visa for other countries.

Only you can decide whether to lie on the Esta or not but I do strongly urge you to discuss the whole thing with your wife. Is she happy to take the risk?

Thanks so much for helping me decide that it’s just not worth the risk, just feel so bad for letting my family down. Honestly can’t thank you enough for your detailed response.

There has also been talk in the media recently about people changing their names, getting a new passport etc. now I don’t have to report to the police every time I travel surely I would slip under the radar under a new name?

Quoting Seantheman

There has also been talk in the media recently about people changing their names, getting a new passport etc. now I don’t have to report to the police every time I travel surely I would slip under the radar under a new name?

>There has also been talk in the media recently about people changing their names, getting a new passport etc. now I don’t have to report to the police every time I travel surely I would slip under the radar under a new name?

>Thanks so much for helping me decide that it’s just not worth the risk, just feel so bad for letting my family down.

So you'd be happy to take the huge risk of committing the serious offence of obtaining and using a fake passport (up to 2 years imprisonment in the UK, up to 10 years in the US + permanent bar to entry) but not to risk lying on an Esta? What does your wife think about that idea?

>Thanks so much for helping me decide that it’s just not worth the risk, just feel so bad for letting my family down.

The fact is that you let your family down when you committed the offences which resulted in you having to sign the sex offenders register.

You could apply for a visa and see what happens.

If you don't get one immediately you need to accept that your criminal conviction for sexual offences means you can't take your kids to the US at this time. It is as it is.

You could take them somewhere else....or wait a few years before applying again and organise a US trip if you're successful.....or maybe you could help your wife to organise & fund a US trip for herself & the kids (perhaps with a relative or family friend/s)?

[ Edit: Edited on 16 May 2023, 18:35 GMT by leics2 ]

Quoting leics2

>how long would I have to wait before trying to apply for a visa and getting an interview? Would I need to wait 10 years from the charge? Or could it be as little as 2-3years?

How long you wait depends on all the details of the offence, the sentence and on all your other circumstances. Decisions are made on an individual basis working within US law and internal regulations & guidelines.

Given that your offence is drug-related and resulted in a lengthy sentence (even if not custodial) I'd suggest you wait a minimum of 10 years. Having said that, there's nothing to stop you applying for a visa whenever you want. If your application is refused the interviewing officer will normally give you an idea of how long to wait until you try again.

>Do they even allow anyone with a bigger drug charge to come in? Is it even worth the try?

It depends what you mean by 'bigger'. Obviously dealing/smuggling is worse than simple possession for personal use.

It's certainly worth a try because, as I said above, decisions are made on an individual basis.

>would it have to be the esta visa I apply
For and not the visa waiver program??

Esta is the visa waiver program. The Esta asks whether you have ever violated laws concerning illegal drugs. Unless you lie you'll answer yes and you'd get an immediate refusal.

You'll need to apply for a visa and, given your offence, will have to hope that the interviewing officer recommends you for a 'waiver of ineligibility'. Such a waiver may take several months to process but if it's granted you'll get a visa. As your offence was drug-related you might also have to attend a medical.

>I served a community sentence of 18 months. So I wasn’t incarcerated for that time.

It's not incarceration that is the deciding factor. It's the offence, all the details of the offence and all the details of your past and present circumstances

Interviewing officers want to be sure that a) you accept responsibility for your offence b) that you feel shame and regret c) that you have not and will not commit similar offences in future d) that you are a law-abiding, responsible citizen with strong ties to your own country and e) that you will not break the law during any visit to the US.

When I say bigger I meant bigger than a possession charge, it was a commercial supply charge. I have no priors and have always come from a good background, I just got caught up with the wrong guy and was abusive and he put me in a crappy predicament and I ended up getting into trouble! I would hope my truth & story in the future would have the interviewing officer understand and see that my history prior and after is clean, but in saying that I was only charged last year so I just don’t know how long I should wait because waiting 10 years sounds like a long time lol.

so the process would be just to apply for Esta online, answer the questions truthfully and will they automatically set up an interview once the esta gets rejected? Or do I have to call the embassy myself and organise one?

I appreciate you for taking the time to reply with all this information

>it was a commercial supply charge.

That, in common parlance, is dealing. That sort of charge is always regarded more seriously than possession for personal use, regardless of circumstances.

Your particular circumstances may have been difficult but it's very important indeed that in any visa interview you fully accept your responsibility in the crime. You did have choices: you chose the wrong option. You cannot blame your boyfriend for your choices. There may be mitigating factors but the interviewing officer will want to be certain you accept your guilt, are fully aware that what you did was wrong ...and why it is wrong....and are highly unlikely to commit further crimes in future, whether in the US or anywhere else.

>I just don’t know how long I should wait because waiting 10 years sounds like a long time lol.

10 years is a long time but, frankly, breaking drugs laws is a very serious matter. I'm sure you don't expect countries to allow entry for people convicted of drug or other serious criminal offences without taking proper precautions? Every country has the absolute right to deal which foreign citizenships are allowed to enter and to set conditions for entry.

No-one here or anywhere else can tell you when to apply: people can only advise. You could apply tomorrow. The worst that can happen is that you are refused a recommendation for a waiver of ineligibility and lose the money a visa application will cost you.

I'd suggest you wait a minimum of 5 years but it's entirely up to you.

>so the process would be just to apply for Esta online, answer the questions truthfully and will they automatically set up an interview once the esta gets rejected?

No. There's no point in absolutely no point in applying for an Esta knowing you'll be rejected and, having been convicted of a drug-related offence, you wouldn't be expected to do so. You'll need to apply for a visa.

You don't call the embassy. Applications are made online. The official US Embassy in Australia website gives all the information you need to make a visa application online:

https://au.usembassy.gov/visas/

[ Edit: Edited on 17 May 2023, 07:42 GMT by leics2 ]

Quoting leics2

>it was a commercial supply charge.

That, in common parlance, is dealing. That sort of charge is always regarded more seriously than possession for personal use, regardless of circumstances.

Your particular circumstances may have been difficult but it's very important indeed that in any visa interview you fully accept your responsibility in the crime. You did have choices: you chose the wrong option. You cannot blame your boyfriend for your choices. There may be mitigating factors but the interviewing officer will want to be certain you accept your guilt, are fully aware that what you did was wrong ...and why it is wrong....and are highly unlikely to commit further crimes in future, whether in the US or anywhere else.

>I just don’t know how long I should wait because waiting 10 years sounds like a long time lol.

10 years is a long time but, frankly, breaking drugs laws is a very serious matter. I'm sure you don't expect countries to allow entry for people convicted of drug or other serious criminal offences without taking proper precautions? Every country has the absolute right to deal which foreign citizenships are allowed to enter and to set conditions for entry.

No-one here or anywhere else can tell you when to apply: people can only advise. You could apply tomorrow. The worst that can happen is that you are refused a recommendation for a waiver of ineligibility and lose the money a visa application will cost you.

I'd suggest you wait a minimum of 5 years but it's entirely up to you.

>so the process would be just to apply for Esta online, answer the questions truthfully and will they automatically set up an interview once the esta gets rejected?

No. There's no point in absolutely no point in applying for an Esta knowing you'll be rejected and, having been convicted of a drug-related offence, you wouldn't be expected to do so. You'll need to apply for a visa.

You don't call the embassy. Applications are made online. The official US Embassy in Australia website gives all the information you need to make a visa application online:

https://au.usembassy.gov/visas/

I am very aware that I am at fault regardless, I was just saying that my prior clean history and background, including the story of how things went down, I’d hope that it would help in my favour, but I do very much understand the severity and the challenges I will face trying to do this
Thank you for your advice. I will wait until it’s closer to 5 years before I try!

Sorry I’m getting confused with the terminology for visas. I won’t apply for the Esta. I tried to look online at the visas available. Do you know what visa I need to apply for when the time comes? Tourist visa? (DS-160) Non immigrant visa?

sorry for the questions I’m just not the best with these things

>I am very aware that I am at fault regardless

That's good. The interviewing officer will be very much looking for that level of awareness.

>Do you know what visa I need to apply for when the time comes?

If you scroll down the Australian US Embassy websitepage I linked above you'll find links to info about all visa types.

Assuming you just want to enter the US as a visitor/tourist (and US visa categories haven't changed when you eventually apply) you need a B-2 non-immigrant visa. You'll need a different visa type if you want to e.g. work or study in the US.

https://travel.state.gov/content/travel/en/us-visas/tourism-visit.html

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

[ Edit: Edited on 17 May 2023, 12:18 GMT by leics2 ]