Travelling to US with a criminal record in the UK

Ale99x:

I obviously don't remember your post but although I know some past posters have recommended lying on the Esta I never do so.

> does everyone have to go down the VISA route now?

If you have a criminal record, yes. People with criminal records have never been eligible for the Esta. Some people with criminal records lie (a US criminal offence) but that's an individual choice.

The US embassy advice is very clear:

>If you have ever been arrested, even if the arrest did not result in a criminal conviction, have a criminal record.........we do not recommend that you attempt to travel visa free under the Visa Waiver Program.

https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/traveling-under-the-visa-waiver-program/

>Noticed they’ve since added that the UK rehabilitation act does not apply too so any advice would be most helpful!

The UK rehabilitation act has never applied, nor do similar procedures in other jurisdictions. Again, the US Embassy advice is very clear:

https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/traveling-under-the-visa-waiver-program/

and

>The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even if your arrest or conviction is considered spent, you are still require to declare it and furnish an ACRO Police Certificate when applying for a visa.

https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/arrest-caution-conviction/

You say you were convicted of a CIMT (an automatic bar to US entry without a waiver) but decided to travel on an Esta. At your visa interview the officer may well ask you why you chose to do that *they'll have the data, even from 14 years ago) so it's worth thinking about your explanation in advance.

Lying on an Esta isn't an automatic bar to entry but if your offence is considered a CIMT (and was committed as an adult) you'll need the interviewing officer to recommend you for a 'waiver of ineligibility'. He/she will tell you if he/she is making the recommendation. Then it's just a matter of waiting for the waiver to be processed in the US (up to 9 months).

[ Edit: Edited on 11 Jul 2024, 19:28 GMT by leics2 ]

Mustangmatt:

>I could argue that, yes the VCU1 states arrests and cautions, but the boxes then refer to magistrates/crown and sentences, which wont apply to arrests and cautions, but I guess that would be futile.

Not just futile but a very bad idea. Trying to argue the toss with a US visa officer won't do you any favours!

All your offences were a long time ago and you have declared those of which you were convicted. Try to think of a convincing reason why you didn't declare the others....you've got time to do so. Or just be upfront and say you hadn't previoudly realised the caution and 2xNFA were relevant and you're really sorry you were so stupid?

>it looks like embassy officials judge you on honesty and disclosure, rather than the length of time since the arrests and minor nature of crimes, so I could be screwed for not having disclosed them previously.

The length of time is very relevant but you're absolutely right that interviewing officers need to get as accurate a picture of the applicant's character as they can.

There are a huge number of factors involved in visa decisions so the only way to find out whether you're screwed is to attend your visa interview.

Good luck!

Hi all, interview day tomorrow so hopefully all goes well. Think ive got everything i need.

Passport
DS160 confirmation
Interview confirmation and instructions
Acro
SAR
Photos (from a photobooth in a pair, should i cut up prior)
Payslips and holiday rota if needed?

Anything else i should take or need?

GregM91:

Might be useful: recent bank statements (proof of funds); mortgage info/rent info (proof of having a stable residence); proof of marriage/children, if relevant (compelling reason to return); evidence of community activity (if any)

The interviewing officer may not be interested in any additional documents but it's better to have them than not! Note the instruction:

>Please do not attempt to give documents to the consular officer unless they are specifically requested from you.

https://uk.usembassy.gov/visas/tourism-visitor/required-documents/

> Photos (from a photobooth in a pair, should i cut up prior)

Unless your interview instructions differ from those below you should cut them up.

The embassy website has this info:

>One 5 x 5 cm (2” by 2”) color photograph taken within the last six months: You will be asked to upload a photograph meeting the Department of State’s photo requirements when you complete Form DS-160. We recommend that you also bring a photograph with you to your visa interview so that it is available if the consular officer asks to review it. It can be the same photograph that you uploaded to the application form as long as it meets the Department of State’s requirements.

https://uk.usembassy.gov/visas/tourism-visitor/required-documents/

Good luck with your interview!

[ Edit: Edited on 11 Jul 2024, 20:08 GMT by leics2 ]

Over and done with, 3 hours from entering to exiting, I now have to have a medical due to alcohol related offences, its booked for the 22nd, anyone got a rough estimate of how long from finishing the medical to when you get asked to send your passport off? They quoted 1 week to 6 months.

Quoting GregM91

Over and done with, 3 hours from entering to exiting, I now have to have a medical due to alcohol related offences, its booked for the 22nd, anyone got a rough estimate of how long from finishing the medical to when you get asked to send your passport off? They quoted 1 week to 6 months.

From people on here it's been as long as 8 months, and usually about a week to get your passport back once sent off.

The consular officer did not say specifically it was a waiver of inadmissability just said they needed more information from me which one was the subject access report which i took with me but was not asked for at stage one so i had to send that to their email and next is the medical.

>anyone got a rough estimate of how long from finishing the medical to when you get asked to send your passport off? They quoted 1 week to 6 months.

If you do need a waiver of inadmissibility...and a recommended for one....the embassy website says it can take 'up to 9 months' to be processed (that happens in the US, not at the embassy). As Ooberj notes, at least one previous posters has waited 8 months, other have waited around 6. It all depends on complexity of the application/demand/number of processing staff in the US etc etc.

If it turns out that you don't need a waiver (and are granted a visa) it's 'how long is a piece of string'. It all depends on how many applications they have, how many staff are available to process visas, how efficient the courier firm is etc etc etc ...but you can expect it to take weeks rather than months.

He was not too clear, he just said get the additional documents sent across and if they come back satisfactory then they will request my passport.

Hi,

A relative from the U.K. would like to visit me in the US. She is middle-aged and when I confirmed with her that she has no arrests or convictions she replied that she was arrested several years ago but received a complete discharge from the judge.

Will she have any trouble entering the US with an ESTA?

[ Edit: Edited on 14 Jul 2024, 14:32 GMT by Larrycrowne ]