Travelling to US with a criminal record in the UK

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Posts 3611 & 3612 were removed by moderators
3613. Posted by GregM91 (Budding Member 14 posts) 13w Star this if you like it!

Hi all, Just getting everything ready for my interview next month and have to fill out the VCU01 and in section 2 i guess i just write down exactly whats on my ACRO cert, In section 6 it mentions about answering yes to the DS160 form, Honestly i cant remember about it, is there any walk throughs or help available?

Thanks

3614. Posted by leics2 (Travel Guru 6623 posts) 13w Star this if you like it!

If you have an interview you must have submitted your DS160 already. You may still be able to access it: it's worth a try. For next time: you can save it to your own computer when you're filling it in.

If not, this sample DS160 will show you the questions you answered:

https://travel.state.gov/content/dam/visas/PDF-other/DS-160-Example_11-19-2020.pdf

I'd guess you only ticked 'Yes' to the questions about criminal and/or drug activity.

> in section 2 i guess i just write down exactly whats on my ACRO cert,

Yes. If you have offences not shown on the Acro (perhaps because they've been 'stepped-down') you need to write them down too and take a Subject Access Request (SAR) to the interview. The SAR lists *all* data held about an individual on the Police National Computer (PNC):

https://www.acro.police.uk/s/acro-services/subject-access

3615. Posted by GregM91 (Budding Member 14 posts) 13w Star this if you like it!

Perfect thanks for your response, i have the SAR already aswell as my ACRO so ill just write that all down.

3616. Posted by leics2 (Travel Guru 6623 posts) 13w Star this if you like it!

Glad it's all sorted. Good luck with your interview. :-)

3617. Posted by Katie1010 (Budding Member 30 posts) 13w Star this if you like it!

Hi

Not sure if you remember me on this thread
I was waiting to go to court for serious assault with injury in Scotland - my case has just happened and I was fined 4500
I was wondering how long you would suggest waiting until applying for a visa ?

Or is there any way that this charge wouldn’t be counted as moral turpitude and I could still apply for an Esta ?

Thanks

3618. Posted by AndyF (Moderator 3001 posts) 13w Star this if you like it!

Hi Katie

I think you have to go the visa route.

As to when to try, I don't think anyone knows. If it were me, I'd try now, and then you know. You've waited until your case is concluded so you can give the US authorities clarity. Then if it's a no, you can ask for their advice on what is needed, eg the passage of time. For a fine rather than a custodial sentence, maybe it'll be straight to visa now.

3619. Posted by leics2 (Travel Guru 6623 posts) 13w Star this if you like it!

I do remember your previous post, Katie1010.

>and I could still apply for an Esta ?

You have a criminal record and you are not eligible for an Esta. The official US embassy advice is very clear:

> Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law)...... are not eligible to travel visa free under the Visa Waiver Program;

https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/

Please don't be tempted to use an Esta. The relevant question is very clear...'cause serious harm to another person' (exactly what you did)....and there's no way you could pretend you didn't intend to lie. Lying on the Esta is fraud under US law (a serious criminal offence) and doing so would greatly reduce your chances of ever getting a visa.

>Or is there any way that this charge wouldn’t be counted as moral turpitude

The fact that you received such a substantial fine suggests, imo, that there's no feasible way you can show you didn't intend the harm you caused...and that's the CIMT criterion for ABH & GBH ('serious') assault:

https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/

Andy's right: you need to apply for a visa.

> For a fine rather than a custodial sentence, maybe it'll be straight to visa now.

It's not the sentence which is relevant. If a crime is considered a CIMT (which this one may well be) it will *always* require a waiver of ineligibility before a visa is granted. The sentence and the time elapsed snce conviction don't change that fact.

Even if the crime is not considered a CIMT (and the only way to find out for certain is to apply for a visa) it is not the sentence alone which matters. US officials need to be convinced that you accept full responsibility for what you did, that you understand why it was wrong as well as illegal, that you have taken steps to remedy your behaviour and have no intention of behaving in such a manner again, that you can prove you are a hard-working, respectable and law-abiding citizen and that the chances of you causing any problems whilst in the US are miniscule to none. No-one can really do that until several years have passed after a conviction.

>I was wondering how long you would suggest waiting until applying for a visa ?

Personally I'd suggest leaving it at least 2 years (ideally gathering evidence to show you are now a respectable member of the community e.g. doing volunteer work) and preferably 5.

There's nothing to stop you applying for a visa now if you're prepared to spend the time and money. The chances of you getting one are imo tiny to none but the interviewing officer will at least give you an idea of when it's worth applying again. Only you can decide whether spending time & money to (probably) find that out is worthwhile.

3620. Posted by Petrova16 (Budding Member 2 posts) 13w Star this if you like it!

Hello I’m hoping for some advise please

13 years ago when I was 19 I was in a coercive relationship, we worked together and he persuaded me to take money from the till equaling around £80 over maybe 5 months. In the end I admitted what I had done and was arrested for “theft by employee” I received a caution but nothing else.. no sentance and no fines or anything.
Since then I haven’t been in trouble for anything and actually work for the police in the control room and have done so for 5 and a half years.

Myself and my partner are wanting to go to New York, we have no timescale as I would like to try get my visa first.
My question is what’s the likelihood of being granted a visa at the embassy or would I have to wait for a waiver?
Also for the crime I committed how many years do you think I would be granted if I needed a waiver?

im aware you can’t answer accurately but any opinions are greatly appreciated :)

Thank you in advance!

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