Travelling to US with a criminal record in the UK

Quoting Ooberj

Quoting Justsellingtech

Hi all,

Had a read through this thread and there's alot of great help and advice!

I was wondering if you guys can give me advice on what's my best course of action?

I received a custodial sentence of 2 years and 2 months 12 years ago for fraud, conspiracy to fraud and conspiracy to convert criminal property.

Since then had no issues, have turned my life around and doing well in my career.

My employer wants me to travel to USA in the new year (early January) they are aware of my convictions

My current passport expires so I have applied online (2 days ago) and waiting for the application to be processed and new passport to arrive.

My question is, what steps should I follow?

Should I wait for my new passport to arrive?

Or fill in the DS-160 form which will then be with my old passport number?

Should I apply for my ACRO first which will have exact dates of arrest / conviction etc so they match up with the DS-160?

The ACRO submission requires a copy of my passport but with my old one sent off I don't have one now so would have to wait regardless for this to come?

And after getting my ACRO apply for SAR if there's anything stepped down?

Given the current wait of 3/4 months of an appointment at the embassy I want to try and get the ball rolling sooner rather then later.

Any help / advice would be appreciated

Not to rain on your parade, but I can't see you being sorted for then
Embassy appointments are currently booking for end of October at the earliest. Acro will taken the full allowance of time to come back, as does the SAR.

The Ds-160 is what you take with you. So that can be filled in and printed when you have all your information on .

I understand embassy appointments are quite far forward, which is why I'm trying to understand what I can do to speed things up that are in my control.

I cant book an appointment without the DS-160, I cant complete DS-160 without new passport and I cant get an Acro without passport.

So is my best option

Wait for new passport
Acro
DS-160
Pay MRV and apply for appointment at embassy?

[ Edit: Edited on 27 Jul 2024, 13:00 GMT by Justsellingtech ]

Justsellingtech:

My previous reply has just disappeared into the ether (seems to happen if two people post on a thread at exactly the same time!) so.....

> So is my best option

Wait for new passport
Acro
DS-160
Pay MRV and apply for appointment at embassy?

That was my advice. Apply for your visa, ACRO and SAR with your new passport at the same time.

Ooberj was right to warn you of the potentially lengthy wait for appointments but cancellations do happen and I also suspect additional interview slots are added. My advice is to make your application and book the first appointment you can. Then keep checking back (every few days or so) for earlier appointment dates.

>I received a custodial sentence of 2 years and 2 months 12 years ago for fraud, conspiracy to fraud and conspiracy to convert criminal property.

I don't want to rain on your parade either but....

Fraud by abuse of position is a CIMT (crime involving moral turpitude). Handling stolen property is also a CIMT if the person knows it is stolen. You should be aware that it is possible the interviewing officer will decide that some or all of your offences are CIMT. If that happens you need to be recommended for a 'waiver of ineligibility' before a visa can be granted. The interviewing officer will make the recommendation if he/she thinks it is appropriate. At the moment it's taking up to 9 months for waivers to be processed (happens in the US, not at embassiesi.

I'm not saying this will happen: I just want you to be aware that it might happen. It would make sense to talk to your employers about this possibility. They know the your details (we don't, and we don't want to) and may have a lawyer who can advise them on whether you're likely to need a waiver.

[ Edit: Edited on 27 Jul 2024, 13:39 GMT by leics2 ]

Quoting leics2

Just selling tech:

My previous reply has just disappeared into the ether (seems to happen if two people post on a thread at exactly the same time!) so.....

> So is my best option

Wait for new passport
Acro
DS-160
Pay MRV and apply for appointment at embassy?

That was my advice. Apply for your visa, ACRO and SAR with your new passport on the same day.

Ooberj was right to warn you of the potentially lengthy wait for appointments but cancellations do happen and I also suspect additional interview slots are added. My advice is to make your application and book the first appointment you can. Then keep checking back (every few days or so) for earlier appointment dates.

>I received a custodial sentence of 2 years and 2 months 12 years ago for fraud, conspiracy to fraud and conspiracy to convert criminal property.

I don't want to rain on your parade either but....

Fraud by abuse of position is a CIMT (crime involving moral turpitude). Handling stolen property is also a CIMT if the person knows it is stolen. You should be aware that it is possible the interviewing officer will decide that some or all of your offences are CIMT. If that happens you will need to be recommended for a 'waiver of ineligibility' before a visa can be granted. At the moment it's taking up to 9 months for waivers to be processed.

I'm not saying this will happen: I want you to be aware that it might. It would make sense to talk to your employers about this too. They know the your details (we don't, and we don't want to) and may have a lawyer who can advise them whether you're likely to need a waiver.

Thank you for the detailed response.

My only question is, how can I fill in the DS160 accurately unless I have the dates of arrest etc?

I cant get that without Acro / SAR?

My role isn't business critical that I have to go, but it would be beneficial for me ans the business if I did go.

I was thinking it may be the case I have to wait for a waiver of ineligibility (if it is approved as they may decline the visa request altogether due to my convictions) but waiting 9 months for the visa is better then no visa and always worth the try.

I should get my passport back in 2 weeks so will take it from there.

[ Edit: Edited on 27 Jul 2024, 13:45 GMT by Justsellingtech ]

Have you held a visa before or gone to the usa before?

the question on convictions is

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

If your answer to this in 'NO' and you have not had a visa denied before why apply for a visa and not just use the esta programme?

Just asking.

Quoting epcman

Have you held a visa before or gone to the usa before?

the question on convictions is

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

If your answer to this in 'NO' and you have not had a visa denied before why apply for a visa and not just use the esta programme?

Just asking.

Never held a USA visa before or travelled to the USA.

I thought any arrest even if not charged & / or any criminal conviction and you cannot use ESTA?

I look on it as "have you been arrested?"

"I thought any arrest even if not charged & / or any criminal conviction and you cannot use ESTA?"

No, that is not correct. I have had a visa for over 25 yrs. When I applied what you say was true. But the questions have changed.

Just go to the esta official site and read the questions. If you can answer them all honestly as 'no' then I would apply for the Esta.

By the way, this is a true account of what happened to me.

In 1991 we were planning a holiday to Florida. We had never been before. My brother is an Actor and he had a part in New Orleans. So he had been to the USA a few times. When I told him we were going he said I had no chance of getting in becuase I had a criminal record (by the way a petty one !).

So I appled for the visa. I those days at the embassy (London) all officers wore their uniform for the interview. The officer asked me why I had applied for a visa!. He had read my convictions and said I should not have bothered ! I asked if I could cancel and he said no as I was now in the system!

Me and my bother have laughed about it since but at the time I was not impressed !.

Anyway it is no hardship applying for a visa every 5 years. I may even get one of the new 10 year ones this time.

Anyway, please take a look at the official questions and rely on no one else for advice. The USA decide the questions and no one on here should try to interprit them in their own way.

the simple question is

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"

If not then you answer 'no' it is that simple.

[ Edit: Edited on 27 Jul 2024, 15:49 GMT by epcman ]

Hi,

so I was arrested in June 2021 for commercial supply. I was in a coercive relationship which led to the charge. I know it might not matter but I’ve always had a clean record prior and come from a good family of clean records too. I’ve worked since finishing school and still working. I was on remand for 3 weeks and granted bail, and the judge gave me a community sentence to serve outside with community service hours and the order finished December 2023. So it was a 17 month outside community sentence. Sorry I tried not to give too much information on here but need some advice.

What are my chances of being granted entry into the USA?

what are my first steps into trying and how do I do it?

will I need to wait longer?

Need all the help I can get 🙏🏼 and also, is there a Canada forum that anyone knows about for the same thing?

Thanks

Question to Tee21k

do you consider being “ arrested in June 2021 for commercial supply” to be "Having been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?"