# Travelling from the UK to the USA with a criminal record



## slish66 (Apr 26, 2006)

Hi,
Does anyone know anything about going through usa customs from the uk, with a criminal record?
We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american embassy in london.
One of the ppl im travelling with has a record for shoplifting last year, although she didnt get fined, just a telling off basically.
We have been in touch with the embassy who have said they cannot do anything in 3 weeks. 
there are a group of us going ( its a family holiday). and it would be really upsetting to have to cancel at this point, also we would lose a lot of money.
If the person with the record doesnt mention it on the i94w form you fill in on the plane, what is the likelyhood of anyone finding out?
I have been in touch with a lot of ppl who say they have been, not mentioned their record and have been fine.
My family are really worried about it, but a lot of people are giving me the impression that it is easy to get in and just not say anything. she has only ever commited 1 offence, and it is quite a petty crime. 
Any advice would be greatly appreciated.
thanks


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## laptop (Apr 26, 2006)

here  and here  and search for more.


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## D (Apr 26, 2006)

The authorities in the US aren't interested in harboring petty criminals, only the big'guns.  Sorry.


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## Buds and Spawn (Apr 26, 2006)

HTF do they know if you've had a minor telling off???

I can see how serious crime or prescribed public order offences etc.. can make it onto the databases... but not everything surely....


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## Nlogax (Apr 26, 2006)

I think the whole thing of having to file for a visa regardless of the crime is utterly pointless.    Am pretty damned certain that the INS / BCIS / whatever-US-Immigration-call-themselves-this-week really don't check I94Ws all that much.  

Just try not to look too nervous / shifty through immigration, you'll be fine I'm sure.


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## jay1978 (Apr 26, 2006)

the guidlines for the form state "arrested and/or convicted for moral turpitude"
which is a very wide definition which is constantly changing. just play ignorant and say they didnt think shopliftting is moral turpitude. thats if they even know anything at all. best bet is to keep quiet.
i went over in janaury whilst on bail, but they didnt know. just got to keep relaxed and polite and friendly. they were more interested in the pataks sauce i'd taken over with me.


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## slish66 (Apr 26, 2006)

*thanks ppl*

 Thanks for replying ppl. I didnt think it would be that much of a big deal either, but the travel agent has advised us not to go, i suppose that is just to cover themselves really. Lol @ the pataks sauce.


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## Jessiedog (Apr 26, 2006)

slish66 said:
			
		

> *If the person with the record doesnt mention it on the i94w form you fill in on the plane, what is the likelyhood of anyone finding out?*
> I have been in touch with a lot of ppl who say they have been, not mentioned their record and have been fine.
> My family are really worried about it, but a lot of people are giving me the impression that it is easy to get in and just not say anything. she has only ever commited 1 offence, and it is quite a petty crime.
> Any advice would be greatly appreciated.
> thanks


That's the way everybody else does it    .

If they _do_ pick-out the person at immigration and run a thorough check then they are fucked - immediate deportation and NEVER allowed in again.

How likely is that to happen?

_That's_ the question you have to ask yourself, punk. "Do I feel lucky?" Well, do ya?

 

Woof


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## USVISA (Nov 10, 2006)

After a much stress, scouring the internet to find out whether I would get a VISA for the US I've now been through this whole process and have a visas

I have a conviction for Drink Dirving and hence cannot take advantage of the Visa Waiver program. I originally considered: Should I risk going anyway and lie on the forms you have to fill out when you arrive in the US?

Well the answer is: You will get caught. The UK and US share information that declares whether you have a criminal record. This data exchange programme has identified more 20,000 individuals arriving in the US that have criminal reocrds but decide to risk it. Attempts like this result being put on the next flight back.

I sent of for the required subject access statement. This took four weeks. The docment contains:
Arrrests, Charges, convictions, Sentences - fines/custodial/community service

It does not contain the details of any criminal activity.

Things to consider that aren't on the US embassy website: 
Do you own a property?
What is your occupation and how long have you been doing it?
What is your annual salary?
These questions are used to assess whether you are likely to return to the UK after entering the US. This is particularly a concern when issuing long visas - up to ten years.

I flew to belfast to avoid the london queues. I was in and out in 40 minutes and got my passport back the next day.


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## axon (Nov 10, 2006)

USVISA said:
			
		

> Well the answer is: You will get caught. The UK and US share information that declares whether you have a criminal record. This data exchange programme has identified more 20,000 individuals arriving in the US that have criminal reocrds but decide to risk it. Attempts like this result being put on the next flight back.



Do you have a link for this figure?  I'd been interested where it came from.


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## malkyboy (Nov 11, 2006)

USVISA said:
			
		

> Well the answer is: You will get caught. The UK and US share information that declares whether you have a criminal record. This data exchange programme has identified more 20,000 individuals arriving in the US that have criminal reocrds but decide to risk it. Attempts like this result being put on the next flight back.
> 
> 
> I have to dispute this, I have entered several times on the visa waiver form with a conviction for possession of Class C drugs only 1 year old, and another for possession of Class A drugs about 11 years before.
> ...


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## guinnessdrinker (Nov 13, 2006)

USVISA said:
			
		

> After a much stress, scouring the internet to find out whether I would get a VISA for the US I've now been through this whole process and have a visas
> 
> I have a conviction for Drink Dirving and hence cannot take advantage of the Visa Waiver program. I originally considered: Should I risk going anyway and lie on the forms you have to fill out when you arrive in the US?
> 
> ...



the question is: who are you? you call yourself usvisa and funny enough your first post is on us visas...

I seriously don't think that us immigration services are greatly concerned about drink driving offences, unless they suspect you of something else and they could possibly use it as an excuse.


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## Mrs Magpie (Apr 8, 2007)

I have a feeling that a police caution for shoplifting (ie never got to court) will be OK.


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## Jessiedog (Apr 8, 2007)

Mrs Magpie said:
			
		

> I have a feeling that a police caution for shoplifting (ie never got to court) will be OK.


Prezactly.

Don't declare it.

Or be prepared to be spammed by USBOY.



Woof


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## Minnie_the_Minx (Apr 9, 2007)

I'd claim ignorance saying that I didn't know what "moral turpitude" was, and I'd be telling the truth


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## sayjann3 (Apr 9, 2007)

slish66 said:
			
		

> Hi,
> Does anyone know anything about going through usa customs from the uk, with a criminal record?
> We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american embassy in london.
> One of the ppl im travelling with has a record for shoplifting last year, although she didnt get fined, just a telling off basically.
> ...




Your friend will be fine. They have their own hot list. That is made up of Interpol fugitives, people on international arrest warrants, people the US are specifically looking for ie like terrorists.

Think about it, they do not have access to the Police National Computer for the UK or indeed for all the other European  countries..

DONT tell them...

You will be fine.

SJ


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## Melinda (Apr 10, 2007)

Is this level of information sharing reciprocal?

How many US 'degenerates' get into the UK?  Ok Snoop copped it last month,  but how many other Americans get turned around at the airport after being told that "we have enough crims of our own?"


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## Kaka Tim (Apr 11, 2007)

Hmmm - Ive got convictions for theft from 1985. Im hoping to go to the states next year. If i decleared it on my visa application would it get turned down?


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## Pip (Apr 11, 2007)

USVISA said:
			
		

> I flew to belfast to avoid the london queues. I was in and out in 40 minutes and *got my passport back the next day*.


Hold ON, they take your passport away from you at immigration? But what if you want to go out binge drinking that night?


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## rachamim18 (Apr 12, 2007)

With a criminal record from any other nation you can forget it. No admittance, even for most so called misdemeanours. I am a dual American/Israeli and was returning home to Israel just when the last war started. I decided to renew my US passport as I only had a few months left on it and traveling on my Israeli passport is a big hassle and soemtiems dangerous. to make a long story short, I have a criminaql record both here and in the US. America tried to deny me a renewal! It is a definite hassle.

As for a visa waiver, it is possible but not highly probable. in the current climate you will have a difficult time but of cours eit is worth it. As for going and not tellking about it when asked in Customs, it is possible as well but a huge finacial pain if unsiccessful.

I would say that with the situation you mentioned she could proably get in but it is crap shoot, no doubt.

Malkyboy: You should consider yourself very lucky. As well it would matter when you came as well. Alerts and so on. Alos port of entry is the key. Me. i would fly into Mexico and walk in. So much foot traffic at Tiajuana or McAllen.


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## Jessiedog (Apr 12, 2007)

Kaka Tim said:
			
		

> Hmmm - Ive got convictions for theft from 1985. Im hoping to go to the states next year. *If i decleared it on my visa application would it get turned down?*


Very likely.

Were it me, if I was going on holiday, I'd use the visa waiver and not declare it.



Woof


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## art of fact (Apr 12, 2007)

my mate in the same boat a few months ago he just filled out the form the plane and went through no problems


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## havingamare (May 29, 2007)

*criminla record and travel to USA*

Hi great thread, 
I have major problem.
Go to florida  flying into Sanford in 3 weeks and just found out cos i got a criminal record i need a visa and havent got one (i really didnt knwo anything about it)
I beleived I was clear of it after 10 years and it didnt matter so thought nothing of it till i checked out the VWP.
Im in state of shock and so gutted as its a family holiday.
Its not a petty crime (Drugs) and it was 12 years ago.
My worry is the fingerprint machine cos they have the new 10 fingerprint system.
What is this linked up to and what details does it hold and what details does my pasport give?
Im to scared to risk it cos my family dont know about the convictions, and the fear of me being deported and seperated from my kids is making me ill, that ive made enquiries about cancelling, and i am going to lose so much money aswell as break my kids hearts.
Any advise is gratefully recieved
thanks


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## zoltan (May 31, 2007)

...


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## Genghis Cohen (Jun 1, 2007)

zoltan69 said:
			
		

> I
> Lukcily they have not found out I was involved in nazi war crimes as well.



So was prescott bush and klaus barbie, you should probably tell them, you might win a seat in congress or a south american country.


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## havingamare (Jul 15, 2007)

*,*

Well just to let you all know ive just returned from a holiday in orlando.
i never had visa and i have drug charges.
they dont know anything so dont waste money getting a visa spend the extra money when u having a great holiday


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## tina12 (Mar 14, 2008)

*uk to us with criminal record*



slish66 said:


> Hi,
> Does anyone know anything about going through usa customs from the uk, with a criminal record? ....


The following visitors will NOT qualify for the Visa Waiver Program and MUST apply for a visa to enter the USA:

* Persons who have ever been arrested or convicted of any offence (excepting certain fixed penalty driving offences that did not result in a conviction). Note: The Rehabilitation of Offenders Act does not apply in respect of US immigration law - if you have ever been arrested or convicted of any offence, no matter how long ago it was, you must apply for a visa before travelling to the US.

* Persons who have ever overstayed in the US, been refused entry or not complied with the rules of the visa under which they were present in the US

* Persons who have certain serious communicable diseases or condition.

-----------

If you need a visa…

If you do not qualify for the Visa Waiver Program you will need to apply for one at your nearest Embassy or Consulate.

There are several steps you need to follow:

* Locate a U.S. Embassy or Consulate
* Ask about specific processes, requirements, fees, and make an appointment
* Attend the appointment at the U.S. Embassy or Consulate with all requirements and fees along with ITS America’s invitation letter
* Obtain the visa

How to locate an U. S. Embassy or Consulate
Please check U.S. Department of State Official website at:
http://usembassy.state.gov/
------------  
The UK is part of the visa waiver program, which means the USA has access to UK criminal records.  If you try to enter without revealing your record, you will probably get caught and permanently banned from the USA, put on a return flight or go to jail. For U.S. citizens in the USA, Background search of criminal records are so easy because USA criminal records are public information. You can get an instant background check on almost anyone in the USA right on the Internet.


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## rennie (Mar 14, 2008)

They won't know unless you tell them


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## Jessiedog (Mar 14, 2008)

tina12 said:


> The following visitors will NOT qualify for the Visa Waiver Program and MUST apply for a visa to enter the USA:
> 
> * Persons who have ever been arrested or convicted of any offence (excepting certain fixed penalty driving offences that did not result in a conviction). Note: The Rehabilitation of Offenders Act does not apply in respect of US immigration law - if you have ever been arrested or convicted of any offence, no matter how long ago it was, you must apply for a visa before travelling to the US.
> 
> ...



What a peculiar first post.

Bumping an old thread with SPAM.




Woof


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## Miles65uk (Mar 23, 2008)

slish66 said:


> Hi,
> Does anyone know anything about going through usa customs from the uk, with a criminal record?
> We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american embassy in london.
> One of the ppl im travelling with has a record for shoplifting last year, although she didnt get fined, just a telling off basically.
> ...




It's a shame this person did not come back and let us know how thet got on.


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## rachamim18 (Mar 23, 2008)

Probably in a Wackenhut (Immigration) Jail, hope not though. I dread the country, heading there again next week and wish I was not.


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## trashpony (Mar 23, 2008)

Miles65uk said:


> It's a shame this person did not come back and let us know how thet got on.



Unless they were honest on their visa waiver form, probably the same as all the millions of other people who have been on holiday to the US and back home again - like most of the people quoted on the threads laptop linked to. How many stories do people need before they're convinced?


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## rachamim18 (Mar 23, 2008)

Except that you can be as honbest as you want and just like with Canda, and the UK you can be barred upon arrival. It is how it goes. Laptop can link alot but having a passport and a record myself, it is another story. It is a real situation.


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## trashpony (Mar 23, 2008)

rachamim18 said:


> Except that you can be as honbest as you want and just like with Canda, and the UK you can be barred upon arrival. It is how it goes. Laptop can link alot but having a passport and a record myself, it is another story. It is a real situation.



I meant that you should lie on your form if you have a record. I have been loads of times - I even lived there. How did they find out you had a record?


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## rachamim18 (Mar 24, 2008)

I am a dual citizen (probably said that) and they have it on your passport download. They scan you, in and out but even ebfore you arrive they have your pedigree. With the Homeland Security nonsense they already know most things about you before you even actually board but they are humans, and error prone to boot.

The lieing part? If it goes against you, meaning they are actually doing their job as opposed to day dreaming about spending the pocket change they call a salary, they find out very simply. If so, being barred is a huge pain if you have ties there.

For a passport holder anyway, it is different.They have your life on a computer screen. A visitor though, if they do not rise visual alarms per profiling, and it is the sual weekday at say JFK? I could easily see someone making it through regardless but I always think of the consequenxes, as in Immigration Dtention,etc.

In my other travelling, on my US Passport which I have been using for the better poart of a year now, I usually do lie in those few countries (in this hemisphere) who even care.


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## Hollis (Mar 24, 2008)

trashpony said:


> I meant that you should lie on your form if you have a record. I have been loads of times - I even lived there. How did they find out you had a record?



Things are getting more sophisticated.  The moment I arrived in Japan i was fingerprinted and a photo taken.  Frankly I`m amazed I wasn`t on the next flight home.  Whatever.


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## rachamim18 (Mar 24, 2008)

Pretty much everywhere you get ID'd, meaning photos. At any Immigration Counter I can recallin the past couple of years there computer cams staring at you. The printing though is rare. I hated my one time to Japan although  had a bit of fun. I would have wagered it would be them, S. Korea, or the US doing that.


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## Miles65uk (Mar 27, 2008)

trashpony said:


> Unless they were honest on their visa waiver form, probably the same as all the millions of other people who have been on holiday to the US and back home again - like most of the people quoted on the threads laptop linked to. How many stories do people need before they're convinced?




Is there an exact list of questions on this form anywhere.  I don't have any type of criminial record.  I just had a breakdown after my divorce, car accident, car theft etc etc and ending in a pyschriatric wing for a few weeks.   Never sectioned tho.   I am hoping this hasn't been recorded anywhere the US will see.


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## rachamim18 (Mar 29, 2008)

You know, this sort of thread comes up every so often and I just realised a perfect analogy.

 I fly all around the world and have never, absolutely never been asked for onward passage proof at an airline counter, nor at a nation's Immigration counter. 

I prefer traveling on one way tickets because it alows for more flexibility obviously. I used to be paranoind on the regulations and would spend crazy amounts on unuable tickets out of the country  was visiting (xcheapest available to any nation, and of course it was worthless ).

then I got tired of always worrying, paying extra, and so on. My last trip[ was back here to the Philippines where I live, from Bangkok. Obvousy living here, I did not have an outbound ticket.

At the Cebu-Pacific counter, an airline I  have flown many, many times they asked for the proof. It was 1030 PM, my flight was for 130 AM, and I had my wife with me so the money involved in losing those Philippine bound tickets would have been considerable, even by Cebu-Pacific standards.

To make a long story short, I floundered a bit but managed to use an internet booth and prnt out a fake itnerary on China Air based on a previous flight I had taken, and it worked.

the sum? With Visas you can not fake it. Chances might be OK, but if your number gets called be prepared and realise that America is not soft. They will toss you into one of those privately run jails and it is over for a long time. Just think before you act.

Just because 50 people say they had no problem does not mean the next one will not.


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## trashpony (Mar 29, 2008)

I don't understand your point rachamin. The US operates a visa waiver system for UK nationals. If you have got a criminal record, when it comes to the part on the form that asks you that question, you simply answer 'no'. 

Miles - I'm sure if you checked on the US embassy site that would tell you. But I can't imagine a short stay in a psychiatric unit would impact on your being allowed entry. 

The US does not have open access to the UK criminal records system.


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## MikeMcc (Mar 29, 2008)

trashpony said:


> I don't understand your point rachamin. The US operates a visa waiver system for UK nationals. If you have got a criminal record, when it comes to the part on the form that asks you that question, you simply answer 'no'.
> 
> Miles - I'm sure if you checked on the US embassy site that would tell you. But I can't imagine a short stay in a psychiatric unit would impact on your being allowed entry.
> 
> The US does not have open access to the UK criminal records system.


Don't mention anything about any psych treatment, they don't ask about it and you have no need to tell them.


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## rachamim18 (Apr 2, 2008)

Trash: While you see that as a difference, you are not realising that if you get an Immigration officer on their game, your lie permanantly bars you if not gets you a trip to an Immigration prison. usually, they do like Canada does and send you back if you have the ability to go right then but if your ticket cannot be changed,standby,etc you are a goner.

People pooh poh it but they do the same with Onward Passage.

If you go to Thailand 1000 times you might never get asked one time. I just got it the first time after decades of coming and going. So, the point is that although some might get over with that or another ruse, it is not foolproof.

Oh, you think the US has no access? Check with your govt. It has full acess as do a couple of nations, Canda being another. Whether they take the time to check you before you board as they are supposoed to is highly questionable but the opportunity lies in wait. 9/11 changed the wold, truly.


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## wanizame (Jan 27, 2009)

In my experience (travelling late 08)...

The UK DO now share conviction records (but only CONVICTIONS, not arrests) with the US. When I checked with Data Protection Unit of local forceon return, they confirmed this..It was part of the agreement on info sharing in late 2007. So if you have been convicted they will probably know... I arrived in the US for the dozenth time in 2008 and they had my records for the first time. 

The conviction is a minor 12 yr old charge and therefore after some uncomfortable moments where I had to answer questions about this they let me in. A crime of moral turpitude is apparently one which involves violence, fraud etc or where you have convictions where the sentence(s) resulted in a year or more in custody. If so, don't even think about lying. Your feet won't hit immigration's floor on the way out (in handcuffs, I saw this being done!) On the up side, after this experience I returned, applied for the proper visa (granted in two days) and am still in the US now, so a minor conviction is not a bar to entry. Another friend was granted a ten year waiver of ineligbility so he can travel on VWP for ten years before re-applying. 

Also look at ACPO's new rules on 'step down'. If your conviction is so minor as to be irrelevant, it will disappear from the system after 12 yrs (as long as you are not convicted again) and your certficate (which you need for the visa app) will return No Trace'. As did mine..


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## derf (Jan 27, 2009)

The ancient and bumped got rebumped.
How do these old threads end up found after so much time?


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## derf (Jan 27, 2009)

DP


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## Badgers (Jan 27, 2009)

> This message is hidden because derf is on your ignore list.


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## derf (Jan 27, 2009)

Badgers said:


>



Funny old sod is badgers.
Can't argue a point but tries to make it my sticking his fingers in his ears, going "lar lar la lar lar" and letting me know he's doing it by following me around threads and posting the same thing.
Someone tell the daft sod he's got me mixed up with someone who gives a fuck.


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## Zapata (Jan 28, 2009)

So the colonial cousins would not be happy if I hadn't declared a 20 yr old firearms conviction (£500 fine and £1700 costs.)


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## anj747 (Nov 30, 2009)

Interesting response to a FOI request regarding information sharing on convictions between US and UK:
http://www.whatdotheyknow.com/reque...8/attach/html/3/09 08 03 Final reply.doc.html


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## moody (Nov 16, 2010)

^ small world, my old boss was called christopher stacey.

So that document is saying that the us has no direct access to the uk pnc and us authorities must access/apply for records through interpol.

* unless sentence resulted in 12 months or more in custody or your a nonce or terrorist?


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## daryluk (Nov 28, 2010)

i would like to add my recent experience to this.  I went to NY last week, checked "No" on the ESTA form even though I have been convicted for criminal damage and common assuault (the form asks if youve been convicted of anything involving "moral turpitude").  I was given another form on the plane which deals with bringing goods in ONLY, nothing about criminal convictions, then had my fingerprints scanned at customs at JFK and was asked a couple of brief questions about my visit.

There is a lot of scaremongering on this and other sites about hassle at customs, but personally I had no problems and would do exactly the same if I had to go again. and as far as I know the US customs officials have NO access to UK citizens' records.

Unless you're wanted by Interpol, there's no need for concern in my opinion.

Feel free to PM me if you want any further info. 

Daryl x


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## jonez (Mar 30, 2011)

*want to go to us but hubby has criminal convictions*

would like more info as up to date as possible as would like to go to florida in aug but my hubby has been to prison once and has many other arrests for drunk disorderly and domestic so any one got in with these type of charges?
he did some care work and had a crb done and the list was long on the things he has done the most recent was dec 2009 his prison sentence was in 2003 any advice would be great


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## TruXta (Mar 30, 2011)

Did his sentences involve "moral turpitude"? If yes, then no, he shall not pass.

But srsly, I've heard lots of stories about convicted people getting in. Depends on how serious the crime was I suppose. Do not believe people who think that US immigration staff can look up the UK plod crime data base at the click of a mouse. That is BS. I know they can look up Interpol ones, but if he's there you're fucked either way.


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## jonez (Mar 30, 2011)

he was convicted in 2003 his sentence was i think 18 months but only did 8 or 10 months inside if im correct  including being held while awaiting trial it was for a domestic which he pleaded guilty just to end it for false imprisonment and affray dont know if that would put him on a interpol list would it


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## jonez (Mar 30, 2011)

dont know what moral turpitude is any way lol


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## editor (Mar 30, 2011)

jonez said:


> dont know what moral turpitude is any way lol


It's a hot curry dish.


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## TruXta (Mar 30, 2011)

jonez said:


> he was convicted in 2003 his sentence was i think 18 months but only did 8 or 10 months inside if im correct  including being held while awaiting trial it was for a domestic which he pleaded guilty just to end it for false imprisonment and affray dont know if that would put him on a interpol list would it



I'd say he'll be alright then. No guarantees of course, but I know people with relatively serious drugs offences who's got in no probs.



jonez said:


> dont know what moral turpitude is any way lol


 
No-one does.


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## TruXta (Mar 30, 2011)

editor said:


> It's a hot curry dish.


 
Mawraelh Toor Pee Toodh? Does that come with nan?


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## jonez (Mar 30, 2011)

did u ever go afterwards and did u have any trouble?


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## jonez (Mar 30, 2011)

lol sounds like a hot curry dish lmao thanks any way


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## TruXta (Mar 30, 2011)

After what? I've never been convicted of serious drugs offences to my knowledge. I have been in the nick a couple of times, drunk tank stuff. And no, I never had any trouble getting into the US.


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## jonez (Mar 30, 2011)

TruXta said:


> After what? I've never been convicted of serious drugs offences to my knowledge. I have been in the nick a couple of times, drunk tank stuff. And no, I never had any trouble getting into the US.


 
have u ever been to prison for a yr or more or know of any1 who has and gone on holiday to usa and not got checked


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## jonez (Mar 30, 2011)

TruXta said:


> After what? I've never been convicted of serious drugs offences to my knowledge. I have been in the nick a couple of times, drunk tank stuff. And no, I never had any trouble getting into the US.


 what is the process like at the airport does it seem like they are doing checks or do they just scan passport scan finger prints and then let u threw or is there more or less to it?
when was the last time u went?


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## TruXta (Mar 30, 2011)

jonez said:


> have u ever been to prison for a yr or more or know of any1 who has and gone on holiday to usa and not got checked



I've never been, and I'm not sure about the latter part of that. But I *am* sure I've got mates with prison behind them who got in no probs.



jonez said:


> what is the process like at the airport does it seem like they are doing checks or do they just scan passport scan finger prints and then let u threw or is there more or less to it?
> when was the last time u went?


 
Passport, finger prints, lots of questions about your business there, where you're going etc etc. I was last in 2008, the missus is over now and it didn't sound like it had changed. They'll be assholes at border control but they're like that with everyone, American or foreigner. As I said, unless someone's been a very serious bad-ass I very much doubt they'll pick up on some minor embellishments of the truth.


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## abcdxyz (Apr 29, 2011)

*travelling to us with criminal record*



TruXta said:


> I've never been, and I'm not sure about the latter part of that. But I *am* sure I've got mates with prison behind them who got in no probs.
> 
> 
> 
> Passport, finger prints, lots of questions about your business there, where you're going etc etc. I was last in 2008, the missus is over now and it didn't sound like it had changed. They'll be assholes at border control but they're like that with everyone, American or foreigner. As I said, unless someone's been a very serious bad-ass I very much doubt they'll pick up on some minor embellishments of the truth.


 
I have been seeing this forum with interest for a few months as I had to go on Holiday to Florida with my wife and a 6 year old child.  I was charged and than convicted for shoplifting 13 years ago after pleading guilty as I could not handle the pressure of a trial.  I was the victim of a racial hatred from a shop assistant who called the police and got me arrested.  I am a senior hospital consultant.  Again I had the option of either declaring the conviction and go through the process of visa or click no on the ESTA and take the risk.  I saw the document posted by someone who said that home office has confirmed that they do not pass on the details on their police register to the american authorities and hence they will only know what you tell them.  I have had no problem entering the country.  Just the usual questions asked as to why I was there and for how long.  I must say that dont travel if you have committed a class A crime and are required by the interpol.  Minor class C offences to declare on ESTA will make your journey to US difficult now and for ever and as they do not share records with British Authorities these petty offences are only knowledgable to them if you tell them.  So if you have class C offence tick No and enjoy your time in the US.


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## TruXta (May 3, 2011)

abcdxyz said:


> I have been seeing this forum with interest for a few months as I had to go on Holiday to Florida with my wife and a 6 year old child.  I was charged and than convicted for shoplifting 13 years ago after pleading guilty as I could not handle the pressure of a trial.  I was the victim of a racial hatred from a shop assistant who called the police and got me arrested.  I am a senior hospital consultant.  Again I had the option of either declaring the conviction and go through the process of visa or click no on the ESTA and take the risk.  I saw the document posted by someone who said that home office has confirmed that they do not pass on the details on their police register to the american authorities and hence they will only know what you tell them.  I have had no problem entering the country.  Just the usual questions asked as to why I was there and for how long.  I must say that dont travel if you have committed a class A crime and are required by the interpol.  Minor class C offences to declare on ESTA will make your journey to US difficult now and for ever and as they do not share records with British Authorities these petty offences are only knowledgable to them if you tell them.  So if you have class C offence tick No and enjoy your time in the US.


 
Thanks for sharing abcdxyz. Don't be a stranger!


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## charlie234 (May 10, 2011)

Hello, im in 2 minds on what to do, i got arrested when i was 14/15 for stealing a mascara from boots... (silly thing to do i no...) i got taken to the police station, fingerprints/dna etc taken from me, im going to book my flight next week to america (to see friends ) and was going to fill out the ESTA @ the travel agents, the question about 'moral turpitude' has got me abit confused.. should i just click 'no' and risk it?? as non of the other questions relate to me, im now 21 so the crime was years ago, it didnt go to court or anything, and i didnt have too pay a fine, just got a slap on the wrist and was told not to do it again, i havent committed anything else. If i just click 'no' on the esta, and risk it, whats the likelyhood that anyone will find out? Any informative replies would me most helpful, as i'm swaying more to the idea of just clicking  'no' help please.................???


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## 1927 (May 13, 2011)

charlie234 said:


> Hello, im in 2 minds on what to do, i got arrested when i was 14/15 for stealing a mascara from boots... (silly thing to do i no...) i got taken to the police station, fingerprints/dna etc taken from me, im going to book my flight next week to america (to see friends ) and was going to fill out the ESTA @ the travel agents, the question about 'moral turpitude' has got me abit confused.. should i just click 'no' and risk it?? as non of the other questions relate to me, im now 21 so the crime was years ago, it didnt go to court or anything, and i didnt have too pay a fine, just got a slap on the wrist and was told not to do it again, i havent committed anything else. If i just click 'no' on the esta, and risk it, whats the likelyhood that anyone will find out? Any informative replies would me most helpful, as i'm swaying more to the idea of just clicking  'no' help please.................???


 
Dont even think about declaring it. Do you really deep deep down believe that the US authorities are gonna know about every single shoplifting offence ever committed by a UK nd by definition every person in the world? There are probably convicted murderes getting into america daily.


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## Miss Caphat (May 13, 2011)

charlie234 said:


> Hello, im in 2 minds on what to do, i got arrested when i was 14/15 for stealing a mascara from boots... (silly thing to do i no...) i got taken to the police station, fingerprints/dna etc taken from me, im going to book my flight next week to america (to see friends ) and was going to fill out the ESTA @ the travel agents, the question about 'moral turpitude' has got me abit confused.. should i just click 'no' and risk it?? as non of the other questions relate to me, im now 21 so the crime was years ago, it didnt go to court or anything, and i didnt have too pay a fine, just got a slap on the wrist and was told not to do it again, i havent committed anything else. If i just click 'no' on the esta, and risk it, whats the likelyhood that anyone will find out? Any informative replies would me most helpful, as i'm swaying more to the idea of just clicking  'no' help please.................???


 
It wouldn't be considered a crime and wouldn't go on your criminal record then, even in the US. I had to go to court for what was considered a criminal offense (driving while uninsured) and I admitted to the offense, but something like that it hardly ever gets recorded on your permanent record.  I just had to pay a fine and say I would never do it again, etc. So, you have absolutely nothing to worry about, as you did not even commit a crime "on the books". If you're really not sure you can order a background check on yourself.


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## twentythreedom (May 13, 2011)

Jessiedog said:


> What a peculiar first post.
> 
> Bumping an old thread with SPAM.
> 
> ...


 
Damn right, jessie!


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## mrsmonroe (May 21, 2011)

Hello everyone.

Right I need little scaremongering just honest advice folks.

We wish to travel to Florida for a family holiday next year and my brother has been aressted twice! one was for drink driving one xmas years ago, he wasnt highly over the limit but the twit was charged obviously.

The next thing he was aressted for was `sexual harassment`!! It came as a HUGE shock to us all (with his Frank Spencer personality an all) and we all went to court with him. It was suggested that he`d pinched the bottom of a fellow employee and said "inappropriate" things :0/ dear lord it was a terrifying experience and totally BS and he got not-guilty all charges dropped etc etc. 
However we fear that he will be frowned upon, more for the fact he has had two arrests! and one was of a sexual nature, even though he was found innocent! 

He is adamant on filling all required visa forms and attending interviews as he has nothing to hide, but what are the chances he will be refused? He is a professional, home owner with a wife and kids.

Thanks everyone


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## pk (May 21, 2011)

mrsmonroe said:


> However we fear that he will be frowned upon, more for the fact he has had two arrests! and one was of a sexual nature, even though he was found innocent!
> 
> He is *adamant*


 






Don't declare anything - he'll be fine. He wasn't found guilty and the only way he'll be refused is if he declares the arrests on the forms.


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## mrsmonroe (May 22, 2011)

pk said:


> Don't declare anything - he'll be fine. He wasn't found guilty and the only way he'll be refused is if he declares the arrests on the forms.


Oh nooo! You have discovered my brothers true identity hahaha! On a serious note though, what are you basing your opinion on? as I cant rely on hunches really. Its so frustrating.

Cheers again.


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## 1927 (May 23, 2011)

mrsmonroe said:


> Oh nooo! You have discovered my brothers true identity hahaha! On a serious note though, what are you basing your opinion on? as I cant rely on hunches really. Its so frustrating.
> 
> Cheers again.


 
Do you really believe that everyone with a DIU is known to US immigration? There's your answer. He was innocent of the other charge so it matters no one iota. Tell them and they may well stop him going, dont tell them and they will never know. I have a DUI and have never been stopped or even questioned at immigration, just tell him to say NO to everything on the forms and he will be fine.


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## just wondered (Jul 21, 2011)

Great thread , very informative  a friend is wanting to travel to America , his situation is a little bit different from most mentioned above , he has no criminal record , but he is currently on bail for a alledged sex offence (he denied it etc) he has not been charged and has no previous criminal record but remains on bail.

There are no restrictions on his bail for traveling to other countries and he still has his passport, one of the newer types with a chip.

i know the old saying in the u.k is innocent until proved gulity etc........but based on the u.s embassy , would he need to apply for a special visa etc. 

advice welcomed please.


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## just wondered (Jul 21, 2011)

p.s, does anyone know of a list of countries that can be visited without the need of a special visa while on police bail , with no past criminal record.


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## just wondered (Jul 21, 2011)

Just wondering , though , this needs to be filled in online , if he could not travel , would it be refused after applying online via there website ?

he has'nt yet got a flight etc , would be great if it could be filled in first then buy a flight etc.

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/


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## cheechnchong (Aug 2, 2011)

I've got a caution for cannabis from 2002. should I declare it ie get a proper visa? or just tick 'no' on the ESTA form. I'm bricking it that if I get the ESTA then I'll arrive in the US and they'll know my record and deport me leaving my wife there. Has anyone been to the states recently with a similar record? As it is all electronic now I am worried that they'll have the information from the police national computer even though they allegedly haven't (earlier in this thread).


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## TruXta (Aug 2, 2011)

You'll be fine.


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## cheechnchong (Aug 2, 2011)

TruXta said:


> I'd say he'll be alright then. No guarantees of course, but I know people with relatively serious drugs offences who's got in no probs.
> 
> 
> 
> No-one does.



When were those people admitted to the states? Was it recently ie electronic visa waiver or when you just had to fill out a card to get in?


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## scifisam (Aug 2, 2011)

mrsmonroe said:


> Hello everyone.
> 
> Right I need little scaremongering just honest advice folks.
> 
> ...


 
They ask about convictions only, so the accusation that didn't stick doesn't count at all. They also only ask about serious crimes and those of 'moral turpitude' - that's vague, but wouldn't include drink-driving. I mean, I'm no expert or anything, but if you read the ESTA questions it's clear that they're not asking about DUIs.


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## TruXta (Aug 2, 2011)

That's not quite true, sam, they do ask if you've ever been arrested for xyz as well.


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## scifisam (Aug 2, 2011)

TruXta said:


> That's not quite true, sam, they do ask if you've ever been arrested for xyz as well.


 
Yeah, but that's specific crimes, not including DUI.


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## kieran15 (Aug 7, 2011)

Heres our dilema, we've been to the usa 4 times before but since the last visit in 2008 my wife had a breakdown and misplaced some money she was in charge of and was convicted of 3 counts theft of €90 (paid back) in 2010, she pleaded guilty and its a long story. But the facts are where the twist is she was never fingerprinted, the conviction resulted in a €50 fine which was paid. The conviction was while we were living in Ireland but she has a british passport. We want to go again in 2012, will they be able to tell she has a conviction if she ticks no on the forms. There is no record of her fingerprints on file for them to check against and we are no longer at the address listed when she was convicted. We thought about travelling to the uk and flying from there??


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## darren cole (Aug 8, 2011)

Hi,

I got basically stitched up 2 weeks ago, never been arrested before, plod turns up asking me to go for a formal chat,  not handcuffed or anything to cut a long story shot back in April i stupuidly sent a letter to a neighbour i liked which had sexual content in, she complained and i get charged and released with a caution, now i had already booked flights to vegas, should i risk the visa waiver or aplly for a visa.


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## 1927 (Aug 8, 2011)

kieran15 said:


> Heres our dilema, we've been to the usa 4 times before but since the last visit in 2008 my wife had a breakdown and misplaced some money she was in charge of and was convicted of 3 counts theft of €90 (paid back) in 2010, she pleaded guilty and its a long story. But the facts are where the twist is she was never fingerprinted, the conviction resulted in a €50 fine which was paid. The conviction was while we were living in Ireland but she has a british passport. We want to go again in 2012, will they be able to tell she has a conviction if she ticks no on the forms. There is no record of her fingerprints on file for them to check against and we are no longer at the address listed when she was convicted. We thought about travelling to the uk and flying from there??



Fly from Dublin. You clear US imigration before evn leaving Ireland!


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## 1927 (Aug 8, 2011)

darren cole said:


> Hi,
> 
> I got basically stitched up 2 weeks ago, never been arrested before, plod turns up asking me to go for a formal chat, not handcuffed or anything to cut a long story shot back in April i stupuidly sent a letter to a neighbour i liked which had sexual content in, she complained and i get charged and released with a caution, now i had already booked flights to vegas, should i risk the visa waiver or aplly for a visa.



Just go. do u really think that the US imigration computer has the detaills of every theft of every person in the world?


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## kieran15 (Aug 8, 2011)

1927 said:


> Fly from Dublin. You clear US imigration before evn leaving Ireland!



Hi, thanks for your answer. Aren't they more likely to have a record of her conviction at immigration in Dublin as it is a conviction in ireland or do you think they'll just look at her british passport. As i said if its done on fingerprints then hers aren't in the system as she's never been in trouble before(not even a parking ticket) but are they likely to pick up on the name.


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## 1927 (Aug 10, 2011)

This may be useful reading if anyone is unsure, but guess you have to make ya own mind up. One thing is for sure tho, once you apply to the embassy they will know you have a record, I dont believe that they will know unless you tell them.

http://www.unlock.org.uk/xoffenders.aspx?sid=108#US


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## Confused.com (Aug 17, 2011)

Help! I really need some advice.

We would like to go on a family holiday to Florida next year. However in July 2003 I was convicted of theft from employer and was sentenced to 8 months in prison.  No trial just pled guilty.  Since then i have completed a teaching degree and am employed by the local county council as a teacher.

My huge dilema is the same as others....do i declare or not on the ESTA?????  I have one other perhaps significant piece of information.  we were going to go about 3 years ago.  back then before reading posts on forums such as these i made an appointment with the us embassy for a visa interview.  they took my passport number, name, address etc. do they keep these details on their database? they didn't know why i was applying. however i cancelled the interview.  I visited the us in April of 2003.  my passport from the trip is still valid, it has the immigration stamp in it.  would it be best to report my passport as lost, get a new one, not declare and hope for the best or come clean and go for the visa interview and again hope for the best.

your advice on this subject will be very much appreciated

thanks for any help offered


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## editor (Aug 18, 2011)

You need a machine readable passport to get in - check that yours is OK. I doubt if they would have kept any record of your cancelled meeting.

Would I declare in your case? I probably wouldn't.


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## Jennyyy (Aug 28, 2011)

charlie234 said:


> Hello, im in 2 minds on what to do, i got arrested when i was 14/15 for stealing a mascara from boots... (silly thing to do i no...) i got taken to the police station, fingerprints/dna etc taken from me, im going to book my flight next week to america (to see friends ) and was going to fill out the ESTA @ the travel agents, the question about 'moral turpitude' has got me abit confused.. should i just click 'no' and risk it?? as non of the other questions relate to me, im now 21 so the crime was years ago, it didnt go to court or anything, and i didnt have too pay a fine, just got a slap on the wrist and was told not to do it again, i havent committed anything else. If i just click 'no' on the esta, and risk it, whats the likelyhood that anyone will find out? Any informative replies would me most helpful, as i'm swaying more to the idea of just clicking 'no' help please.................???



Hi there, I am going to california soon and I dont know if i should tell them about a conviction I had which is basically  the same as yours! I was caught shoplfting from boots when i was 15 for stealing some fake nails. I got a caution which i know is on my record.  Please could you tell me what happend with you? Did you disclose it on the ESTA? Did you get a visa? Did you just risk it and if so what happend? Would really appreciate if you could help me. thanks.  I know you might not even see this message, but if you do please please reply


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## trashpony (Aug 28, 2011)

Look, this is all very simple. If you want to be turned back at immigration, declare on the ESTA. If you don't, don't. They really don't have the database from hell where they can cross reference every time you smoked a spliff.

You are the very last person I'm telling this to because after seven fucking years of people joining the boards to ask this question and for no other reason I have entirely lost patience. Read the sodding board. The answer is there. It's not going to change however much the nitty gritty details of your question do.


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## Minnie_the_Minx (Aug 28, 2011)

trashpony said:


> Look, this is all very simple. If you want to be turned back at immigration, declare on the ESTA. If you don't, don't. They really don't have the database from hell where they can cross reference every time you smoked a spliff.
> 
> You are the very last person I'm telling this to because after seven fucking years of people joining the boards to ask this question and for no other reason I have entirely lost patience. Read the sodding board. The answer is there. It's not going to change however much the nitty gritty details of your question do.


 
now now Trashy, stop scaring the new posters away


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## spliff (Aug 28, 2011)

I found this mildly amusing ^^^^  - - - - - - - - - fuck the like button


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## trashpony (Aug 28, 2011)

Minnie_the_Minx said:


> now now Trashy, stop scaring the new posters away


I'm pissed and grumpy  I was very nice to the boy who PMed me the other day


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## Minnie_the_Minx (Aug 28, 2011)

trashpony said:


> I'm pissed and grumpy  I was very nice to the boy who PMed me the other day



maybe if Jennnnnnnnnnnyyyyy changed her name to Jeremy you'd cheer up?


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## trashpony (Aug 28, 2011)

Minnie_the_Minx said:


> maybe if Jennnnnnnnnnnyyyyy changed her name to Jeremy you'd cheer up?


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## Minnie_the_Minx (Aug 28, 2011)

trashpony said:


>



Still grumpy?


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## trashpony (Aug 28, 2011)

Minnie_the_Minx said:


> Still grumpy?


Yes. Now I have a hangover


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## Minnie_the_Minx (Aug 28, 2011)

trashpony said:


> Yes. Now I have a hangover


 


Sorry


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## pyromaniac (Oct 3, 2011)

Hello All,

I would just like to quickly share my recent experiences of travel to the states. This is basically reiterating previous posters but the information is current.

I have a caution (2 years ago) for possession of class a,class b and class c drugs. A very small quantity of each.

In July 2011 I travelled to the USA. I ticked no on the ESTA for criminal convictions. I cleared immigration in Detroit as that was a short stopover on the way to California. I got the standard questions. What are you here for? Have you got any money? Do you have a job back home? How long are you staying? The officer was very curt but only doing his job. I was let in no problems. Passport stamped for 3 months visit (I stayed for 16 days).

I went back to California last month for a 2 week trip this time. I got the same questions but this time in NYC as that was my stopover (cheap tickets!!). Again I cleared customs with no trouble.

They just want to know that you aren't a terrorist. You aren't going to overstay (hence the job/home/family question). You have the dollars to support yourself.

Those of you travelling with families should have even less trouble than I did. I'm 28 and was travelling solo. I also look a bit 'hippy' and I would consider myself the prime candidate for over staying if I was interviewing me! I do on the other hand have a good job and a nice polite manner and answered all their question openly and honestly. The first time I went I was just renting a car and drifting down the Cali coast exploring. I took a tent. Superb times. I told them that was my plan and it wasn't even blinked at. The second time I went I was visiting a girlfriend I met their last time and attending a wedding. I thought that this may raise alarm bells with them as I told them I was staying with a girlfriend and that must have flagged me up as a potential overstayer, or a violated of visa by doing something silly like marrying her while I was there (for a green card?). Anyway the upshot of it all is they gave me a stamp for 6 months this time and waved me through.

Just tick the 'no' box. The worst that happens is you get deported and can't go back ever; but then you couldn't go there in the first place so you have lost nothing.........

I hope this may help somebody! Good luck and I hope you have a fantastic time in the USA!!!!! Yeeehaw!


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## dharma815 (Oct 13, 2011)

im 20 years old now but when i was 14 i was involved with criminal damage on door, well no damage was done to the door but i kiked it once and got arrested, finger prints taken, photo and they gave me an interview and let me off with a reprimand i think it was, about a year later i was going through a rough time lost my temper and through a cup at my moms wall it put a small thumb size dent in it and my mom decided to call the police and had me arrested same proceedings as the time before and nothing done. basically im so embarresed of all that and me and my boyfriend are planning a trip to florida next year but im worried about ticking no on the esta form as i know that its not moral turpitude but then getting pulled from the immigration line and then getting busted, what kinds of questions do they ask you at immigration and can they find out everything from my fingerprints. im so worried about this and that if i have to get a visa they will deny me,ive read so many forums and its making me worried that no matter im going to get refusal


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## 1927 (Oct 13, 2011)

dharma815 said:


> im 20 years old now but when i was 14 i was involved with criminal damage on door, well no damage was done to the door but i kiked it once and got arrested, finger prints taken, photo and they gave me an interview and let me off with a reprimand i think it was, about a year later i was going through a rough time lost my temper and through a cup at my moms wall it put a small thumb size dent in it and my mom decided to call the police and had me arrested same proceedings as the time before and nothing done. basically im so embarresed of all that and me and my boyfriend are planning a trip to florida next year but im worried about ticking no on the esta form as i know that its not moral turpitude but then getting pulled from the immigration line and then getting busted, what kinds of questions do they ask you at immigration and can they find out everything from my fingerprints. im so worried about this and that if i have to get a visa they will deny me,ive read so many forums and its making me worried that no matter im going to get refusal



Do you really think that US immigration knows about every kid that threw a cup at their mum? How clever do you think they are?
They couldnt stop a group of extremists crashing planes into the two laregst buildings in Manhattan, I think you'll be OK. Do NOT apply for a visa as then they will know all about!


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## editor (Oct 13, 2011)

This thread has been read over *21,000* times!


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## Hocus Eye. (Oct 13, 2011)

Dharma815

If I was working for US immigration I would not let in anyone who threw a cup at their own mum. That is appalling behaviour and no wonder she called the police. In any case they don't need your fingerprints. These guys are experts at their game, they can tell a wrong-un just by looking at them. A few hours of interrogation and they will get all the facts out of you including kicking the door.

The good news is that they won't send you to Guantanamo but simply deport you back to the UK. I hope your paperwork is in order or the UK authorities may not want to let you in either. You could end up a stateless person moving around the world trying to be let in somewhere. It is very cold travelling in the wheel housing of an aeroplane as well and the air is thin up there above the clouds.


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## trashpony (Oct 13, 2011)

trashpony said:


> Look, this is all very simple. If you want to be turned back at immigration, declare on the ESTA. If you don't, don't. They really don't have the database from hell where they can cross reference every time you smoked a spliff.
> 
> You are the very last person I'm telling this to because after seven fucking years of people joining the boards to ask this question and for no other reason I have entirely lost patience. Read the sodding board. The answer is there. It's not going to change however much the nitty gritty details of your question do.


I think this post should be highlighted for all new posters on this form


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## XmissyX (Oct 19, 2011)

Charged with possession of a class A 2005 and given a small fine 2005

-few minor stuff arrested at 15 for being drunk, I'm 29 now
- shoplifting 2000 - community service
- Assult 2006 - not charged

I've booked to go to Vegas for my best friends mams 50th with a group of people. Then I found out about this visa.

I honestly dont think they would be interested in someone who got done for shoplifting while living on her own at 16 and going to college so I only had a part time job.
Who got arrested for hitting her boyfriend back after 1 too many beatings and being pissed on cider at 16 (we have ALL being there)

The 1 thing I am worried about though is the class A conviction. I was caught with 2 grams of mdma 5yrs ago while on a night out in London.

I am an administration manager at a textiles company and have a lovely house and nice car and my friends mam would have a heart attack if I got deported and she found out.

** Trashpony are you saying just tick no and even with the class a I'll be fine? **


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## TruXta (Oct 19, 2011)

Just tick no, they'll never know.


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## mrst30 (Oct 26, 2011)

Trashpony please dont shout at me for this but.....
Our friend has travelled twice to the usa 1st time at 13 2nd last year whilst awaiting to go to court, she has since been to court. As it goes she is doing her nursing degree and working some overtime shifts whilst claiming housing benefit and council tax benefit. She did not declare these extra hours and got 120 hours of community hours for fraud. She got convicted in her maiden name and is now married. Ive just been reading the list for denial and the top 1 is fraud!! She was not arrested for this never has beeen so no finger prints etc taken, she has booked to go back with he husband and sons who she travelled with last year, do u think she will have any problems or should she just go straight 4 the visa?


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## 1927 (Oct 26, 2011)

mrst30 said:


> Trashpony please dont shout at me for this but.....
> Our friend has travelled twice to the usa 1st time at 13 2nd last year whilst awaiting to go to court, she has since been to court. As it goes she is doing her nursing degree and working some overtime shifts whilst claiming housing benefit and council tax benefit. She did not declare these extra hours and got 120 hours of community hours for fraud. She got convicted in her maiden name and is now married. Ive just been reading the list for denial and the top 1 is fraud!! She was not arrested for this never has beeen so no finger prints etc taken, she has booked to go back with he husband and sons who she travelled with last year, do u think she will have any problems or should she just go straight 4 the visa?



How many fucking times?
Do you really think that the USA has a data base of EVERYONE in the world and every single crime they ever committed? Is there even a computer big enough to store that info? DO NOT apply for a visa as it is the only way they will find out this infnce you tell them you are fucked.

A mate of mine lived in Chicago for years and worked illegally, without a green card, he was initiually wary that they would catch up with him and that any problem with the authorities would get him deported. Once he git done for a driving offence, another a court appearance for not having his dog on a leash. On neither occassion did the court question his accent or whether he was legal or not. Neither did the court computer cross reference with the IRS computer which would have shown him up to be illegal. In the end he was actually on the local Police benevolent committee, he never got found out.

If the systems in the US cant even work out who is legal in their own country do you really think they will work out who is leagl from outside? Really, think about it!


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## editor (Oct 26, 2011)

They're only ever likely to try and look up your records when you enter a country if:

(a) you look particularly suspicious/sweaty/shifty
(b) there's something wrong with your paperwork
(c) there's something wrong with your baggage
(d) you've been daft enough to leave something incriminating on your person
(e) you're spectacularly unlucky and have been pulled out for a spectacularly rare random check


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## silverfish (Oct 27, 2011)

Christ chance it you loons worst case you get a flight back a a pub tale to tell

TBH after transiti g through the states many times i can't think  of a place less fucking attractive to go to

The homeland security experience is fucking dehumanising and wouldn't be out of place in an abotoir

Avoid like the plague and fuck the country a million times over in the face to death with a fucking axe

THAT IS ALL


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## peter-boy (Nov 11, 2011)

Ok just a recap for anyone else with 9 or more criminal records.
I got back from the US today and had a great time in PA, At US customs I got my passport taken off me because the officer was unsure about me and went into a room for 30 minutes then got called and had to have a little chat with a customs officer and then he said "Ok welcome to america"  and got my passport back

It was worth the risk


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## Lee Jones (Dec 16, 2011)

guys in august 2009 i was found guilty of GBH but was not sentenced,(i ran into a security guard while running away from police and he hit his head on the floor and needed stiches)i spent a week in prison on remmand. Do you think i will be allowed into the usa anytime soon?? is there a time limit after an offence u have to wait before your allowed there or something??? please get bk to me.thanks


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## Bahnhof Strasse (Dec 18, 2011)

Lee, that kind of thing will bar you for life from the USA, sorry. Croydon may let you in for a bit though.


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## editor (Dec 18, 2011)

Lee Jones said:


> guys in august 2009 i was found guilty of GBH but was not sentenced,(i ran into a security guard while running away from police and he hit his head on the floor and needed stiches)i spent a week in prison on remmand. Do you think i will be allowed into the usa anytime soon??


It's all a gamble. So long as you don't attract attention to yourself when you arrive, you_ should_ have no probs getting in to the US, but....

See my post above:
http://www.urban75.net/forums/threa...-a-criminal-record.88652/page-4#post-10581189


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## pseudonarcissus (Dec 18, 2011)

editor said:


> This thread has been read over *21,000* times!


20,000 of those were INS compiling a list!


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## trashpony (Dec 18, 2011)

Oops I remembered I got a very polite PM from someone asking me about this and forgot to answer it. I love the fact that I have become the resident expert


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## paolo (Dec 18, 2011)

A mate of mine was arrested sometime back. No charge, but the arrest still counts under the draconian INS regs.

He decided to go to the US embassy to declare and apply for a visa. The interviewer was apparently surprised that he was meant to do this, and - after some brief checks - issued a 10 year visa there and then.

So that's another option, for those down at the 'arrest only' level.


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## Lee Jones (Dec 18, 2011)

looks like iam gunna have to risk it guys haha.if i get married to an american bird will i be allowed in then?


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## DeeplyAshamed (Jan 17, 2012)

Ok, here's my story / query. About 13 years ago, I was caught with a prostitute in my car, received a summons, to which I pleaded guilty by post and was fined around £200. It is my one transgression of the law and, as everyone said at the time, was completely out of character. I have since applied for jobs where a CRB check is required and it shows up on a CRB. (I currently work in one of those jobs, the other knocked me back.) At the time of the offence, I was employed in a role requiring a license, the eligibility for which included a clean criminal record. However, my license was not revoked, I managed to keep my job, career, wife, house and car, (not that I deserved it, the only thing I couldn't face losing was my wife, everything else was expendable) as everyone supported me as I was going through what was the lowest point of my life. As the name suggests, I am deeply ashamed of what I did and would never consider it now.
Later this year, my wife and I want to go to Vegas for a two week holiday. Although I realise that prostitution is illegal in Carson County (where Vegas is situated), 75% of counties in Nevada State allow brothels, with 8 of the 12 actually having active brothels (the other four counties permit it by law but have no brothels operating.)

Bearing this in mind, is there a case for claiming that my conviction should not preclude me from visiting the US, as what I did is actually legal in some States, so cannot be considered as being a crime of 'moral terpitude'? If so, should I go down the 'waiver' route and plead my case on arrival, or should I apply for a visa and make my case then? This is killing me. After a decade of rebuilding my life and marriage, my one mustake is back to haunt me again and, more importantly, dig up all the long-buried ill-feelings in our relationship.


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## editor (Jan 17, 2012)

It boils down to the same thing: you either fess up and put your trip in the hands of the Gods (or rather the morality of the officer who deals with your case) or you chance your arm and not declare it.

As has been explained, US customs are only ever likely to investigate your case is you arouse suspicion on entry.


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## TruXta (Jan 17, 2012)

Wot Ed said. People with much more serious and recent convictions have had no problems entering the USA.


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## trashpony (Jan 17, 2012)

Seeing as this thread has been bumped, I am going to post again what I posted in August because of the flurry of PMs I've had recently from randoms. Even if you send me a really, really nice PM, my advice isn't going to change and I can't be arsed to reply to each of you individually.



> Look, this is all very simple. If you want to be turned back at immigration, declare on the ESTA. If you don't, don't. They really don't have the database from hell where they can cross reference every time you smoked a spliff.
> 
> You are the very last person I'm telling this to because after seven fucking years of people joining the boards to ask this question and for no other reason I have entirely lost patience. Read the sodding board. The answer is there. It's not going to change however much the nitty gritty details of your question do.


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## TruXta (Jan 17, 2012)

Apropos of nothing this thread is 3rd in Google search results for the query "travelling to the US with a criminal record"!


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## trashpony (Jan 17, 2012)

TruXta said:


> Apropos of nothing this thread is 3rd in Google search results for the query "travelling to the US with a criminal record"!


Ahh that would explain it  Incidentally, I didn't think you could PM people if you just joined the boards - thought it was restricted like access to the community forums?


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## DeeplyAshamed (Jan 17, 2012)

I've been looking into my options a bit further. Section 212 of the Immigration and Nationality Act (US legislation) states the following:

"(A person) will not be ineligible for a visa if only one crime involving moral terpitude has been committed and if...

ii) the maximum penalty possible did not exceed imprisonment for 1 year and if convicted, sentence did not exceed six months."

So, if I go the honest route and apply for a visa, my circumstances suggest that, although I wont automatically get a visa, the time elapsed, lack of further conviction and the fact that the maximum penalty was a £1000 fine, I could successfully apply for a 'waiver of ineligibility'; a slow process and no doubt will cost more as I have to apply for Police Certificates and stuff but would offer a reassurance that I'm not going to get bounced at the border.

On the other hand, anecdotal evidence would suggest that it would just be easier to front it out with an ESTA.


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## editor (Jan 17, 2012)

TruXta said:


> Apropos of nothing this thread is 3rd in Google search results for the query "travelling to the US with a criminal record"!


Which helps explain the 33,000+ page views!


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## DeeplyAshamed (Jan 17, 2012)

^^^^ That's how I landed here.^^^^


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## Emily92 (Jan 18, 2012)

My post is a tad different ive noticed people talking about boarding a plane ect .. but my problem is i live in england but i have family in canada. I am planning a trip in march where I am staying in canada for a month and takeing a road trip down to Arizona (America). I havnt had a problem getting into Canada before but I do have a criminal record which i thought would have been wiped off at 18 it was nothing major was a silly school girl fight when i was 13/14 but it ended in me getting arrested and i was on repromand which i thought was just a caution and wouldnt cause me any future problems only to find when i applied for a care job it did come up in my crb check (which didnt stop me getting the job). But it has made me very paranoid about my trip to Arizona. We will be entering by car from canada has anyone got any advice or information as I dont know anything about what they will ask or if they give you a chance to declare it like when boarding a plane. Your replies will be much appreciated x


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## editor (Jan 18, 2012)

I think you'll be fine.


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## ImaChild15 (Jan 30, 2012)

what if you do have a criminal record for robbery or something but they say you dont have to mention it when looking for a job and its gona get clear when you turn 16


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## ImaChild15 (Jan 30, 2012)

inbox me the reply please.


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## wildshow (Jan 30, 2012)

DeeplyAshamed said:


> Ok, here's my story / query. About 13 years ago, I was caught with a prostitute in my car, received a summons, to which I pleaded guilty by post and was fined around £200. It is my one transgression of the law and, as everyone said at the time, was completely out of character. I have since applied for jobs where a CRB check is required and it shows up on a CRB. (I currently work in one of those jobs, the other knocked me back.) At the time of the offence, I was employed in a role requiring a license, the eligibility for which included a clean criminal record. However, my license was not revoked, I managed to keep my job, career, wife, house and car, (not that I deserved it, the only thing I couldn't face losing was my wife, everything else was expendable) as everyone supported me as I was going through what was the lowest point of my life. As the name suggests, I am deeply ashamed of what I did and would never consider it now.
> Later this year, my wife and I want to go to Vegas for a two week holiday. Although I realise that prostitution is illegal in Carson County (where Vegas is situated), 75% of counties in Nevada State allow brothels, with 8 of the 12 actually having active brothels (the other four counties permit it by law but have no brothels operating.)
> 
> Bearing this in mind, is there a case for claiming that my conviction should not preclude me from visiting the US, as what I did is actually legal in some States, so cannot be considered as being a crime of 'moral terpitude'? If so, should I go down the 'waiver' route and plead my case on arrival, or should I apply for a visa and make my case then? This is killing me. After a decade of rebuilding my life and marriage, my one mustake is back to haunt me again and, more importantly, dig up all the long-buried ill-feelings in our relationship.


 
Please let us know how you get on


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## 1927 (Jan 30, 2012)

ImaChild15 said:


> what if you do have a criminal record for robbery or something but they say you dont have to mention it when looking for a job and its gona get clear when you turn 16



US immigration does not recognise the rehabilitation of offenders thing, a conviction is never unspent as far as they are concerned.


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## editor (Jan 30, 2012)

Don't tweet before you arrive in the US or you'll be fucked: http://www.urban75.net/forums/threa...ng-to-destroy-the-place-with-partying.288122/


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## Pickman's model (Jan 30, 2012)

yeh - whatever you say on twitter, say nothing which will imply you will in any way, shape or form might harbour any intent to injure the united states, even to the level of not walking on the grass in the wilderness


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## n.pty (Mar 1, 2012)

Hi , i wonder if anyone can help.

Im looking to visit the US at some point but when i was in my early twenties (some twenty years ago ) , i was arrested for cashing my own cheques without funds whilst backpacking through Australia . I was arrested and held in remand for six months whilst the case came to court whereupon i was found guilty and deported . On returning i stayed in a flat where the electricity was being effectively stolen , i was given a warning by the police and fingerprints taken.
From my understanding of "moral turpitude " both of these are examples of that. Do i have any chance of getting a visa for access to the US ?


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## 1927 (Mar 1, 2012)

n.pty said:


> Hi , i wonder if anyone can help.
> 
> Im looking to visit the US at some point but when i was in my early twenties (some twenty years ago ) , i was arrested for cashing my own cheques without funds whilst backpacking through Australia . I was arrested and held in remand for six months whilst the case came to court whereupon i was found guilty and deported . On returning i stayed in a flat where the electricity was being effectively stolen , i was given a warning by the police and fingerprints taken.
> From my understanding of "moral turpitude " both of these are examples of that. Do i have any chance of getting a visa for access to the US ?


 
You havent read the thread have you? Keep ya fuckimng mouth shut and no one will ever know. Apply for a visa on the otherhand and disclose the information and they will know!


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## bi0boy (Mar 1, 2012)

Last time I went to the USA I worked out they had no clue whether I was currently employed or not, or what my job was likely to be. The chances of them knowing about youthful endeavours in foreign climes are pretty much zero.


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## n.pty (Mar 1, 2012)

n.pty said:


> Hi , i wonder if anyone can help.
> 
> Im looking to visit the US at some point but when i was in my early twenties (some twenty years ago ) , i was arrested for cashing my own cheques without funds whilst backpacking through Australia . I was arrested and held in remand for six months whilst the case came to court whereupon i was found guilty and deported . On returning i stayed in a flat where the electricity was being effectively stolen , i was given a warning by the police and fingerprints taken.
> From my understanding of "moral turpitude " both of these are examples of that. Do i have any chance of getting a visa for access to the US ?


 

I wish it was as simple as simply keeping my mouth shut now , but unfortunately a few years back i applied for a visa and admitted to moral turpitude (stupid i know ) , i was advised to apply for a visa. Will the fact it was so long ago and i have a clean bill of "moral health " make a difference now or is the fact they dont recognise the rehabilitation of offenders act make my planned trip a non starter?

Thanks for your posts already.


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## trashpony (Mar 1, 2012)

Did you get a visa?


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## n.pty (Mar 1, 2012)

> Did you get a visa?​


 
No , i just forgot about it and assumed the worst , but now im wondering if its possible.


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## trashpony (Mar 1, 2012)

I don't know. If you applied and got turned down, then you may be still be on their system.


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## n.pty (Mar 1, 2012)

Thanks , not what i wanted to hear but appreciate it.


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## Jason West (Mar 1, 2012)

There are thousands of people arrested every day in the UK. In 2006 alone some 1.5 MILLION people were arrested in the UK (see here http://www.justice.gov.uk/publications/docs/arrests-for-recorded-crime-england-and-wales.pdf) some guilty some not, those proven innocent are treated in the same way as those found guilty - harsh. The 1.5 million figure does not include Scotland and Northern Ireland, every arrest results in either no admission to the US or difficult admission to the US. If you really do want to visit the USA and you have been arrested then you will need to apply for a visa, you will need an ACPO police certificate to show your arrest details (look up ACPO in a search engine), the US embassy will want to see this. Then it's down to waiting for a decision, don't book your holiday until you know you can go. If you are denied a visa then someone in the US visa office has decided you are a risk to the US or / and its people. And it does not end there, because if you have a visa you stand a greater chance of drawing attention to yourself on arriving at the port of entry, the final decision as to whether you can take your holiday in the US or not is down to one person at the gate. It’s not black and white, it’s not cut and dry, it’s down to a few disparate individuals making decisions. The monsters that want to hurt the USA for no good reason are not likely to send people with records of arrest to the US, they are more likely to send fanatics with clean slates, they’re evil, not stupid. Don’t continue to let this hurt you,  research the whole of the rest of the world, and find new and exciting places outside of America.


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## Spymaster (Mar 1, 2012)

n.pty said:


> I wish it was as simple as simply keeping my mouth shut now , but unfortunately a few years back i applied for a visa and admitted to moral turpitude ...


 
When you applied for the visa you would have sent them your passport. 

When you got your passport back, what did they say?

If there is a stamp in your passport (usually says something like "US Embassy Application Recieved .... (Date)" and no visa, you'll have a problem.


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## trashpony (Mar 1, 2012)

Jason West said:


> There are thousands of people arrested every day in the UK. In 2006 alone some 1.5 MILLION people were arrested in the UK (see here http://www.justice.gov.uk/publications/docs/arrests-for-recorded-crime-england-and-wales.pdf) some guilty some not, those proven innocent are treated in the same way as those found guilty - harsh. The 1.5 million figure does not include Scotland and Northern Ireland, every arrest results in either no admission to the US or difficult admission to the US. *If you really do want to visit the USA and you have been arrested then you will need to apply for a visa, you will need an ACPO police certificate to show your arrest details (look up ACPO in a search engine), the US embassy will want to see this.* Then it's down to waiting for a decision, don't book your holiday until you know you can go. If you are denied a visa then someone in the US visa office has decided you are a risk to the US or / and its people. And it does not end there, because if you have a visa you stand a greater chance of drawing attention to yourself on arriving at the port of entry, the final decision as to whether you can take your holiday in the US or not is down to one person at the gate. It’s not black and white, it’s not cut and dry, it’s down to a few disparate individuals making decisions. The monsters that want to hurt the USA for no good reason are not likely to send people with records of arrest to the US, they are more likely to send fanatics with clean slates, they’re evil, not stupid. Don’t continue to let this hurt you, forget them, they’re becoming as fanatical as the people they’re trying to protect themselves from, research the whole of the rest of the world, and find new and exciting places outside of America.


Or alternatively, you could just lie. Given that the US don't have access to the millions and millions of records of people who have ever been arrested in the UK.

But thanks for drawing everyone's attention to 'the monsters who want to hurt the US for no good reason'


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## uk benzo (Mar 1, 2012)

Jason West said:


> There are thousands of people arrested every day in the UK. In 2006 alone some 1.5 MILLION people were arrested in the UK (see here http://www.justice.gov.uk/publications/docs/arrests-for-recorded-crime-england-and-wales.pdf) some guilty some not, those proven innocent are treated in the same way as those found guilty - harsh. The 1.5 million figure does not include Scotland and Northern Ireland, every arrest results in either no admission to the US or difficult admission to the US. If you really do want to visit the USA and you have been arrested then you will need to apply for a visa, you will need an ACPO police certificate to show your arrest details (look up ACPO in a search engine), the US embassy will want to see this. Then it's down to waiting for a decision, don't book your holiday until you know you can go. If you are denied a visa then someone in the US visa office has decided you are a risk to the US or / and its people. And it does not end there, because if you have a visa you stand a greater chance of drawing attention to yourself on arriving at the port of entry, the final decision as to whether you can take your holiday in the US or not is down to one person at the gate. It’s not black and white, it’s not cut and dry, it’s down to a few disparate individuals making decisions. The monsters that want to hurt the USA for no good reason are not likely to send people with records of arrest to the US, they are more likely to send fanatics with clean slates, they’re evil, not stupid. Don’t continue to let this hurt you, forget them, they’re becoming as fanatical as the people they’re trying to protect themselves from, research the whole of the rest of the world, and find new and exciting places outside of America.


 
Do you work for the US embassy per chance??

I


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## Jason West (Mar 1, 2012)

Hardly if I'm suggesting take your holidays elsewhere. I happen to think the US entry laws will do very little to protect the USA, as I said above the bad guys aren't going to send people with arrest records.


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## Jason West (Mar 1, 2012)

trashpony said:


> Or alternatively, you could just lie. Given that the US don't have access to the millions and millions of records of people who have ever been arrested in the UK.
> 
> But thanks for drawing everyone's attention to 'the monsters who want to hurt the US for no good reason'


 
'the monsters who want to hurt the US for no good reason' er, yeah possibly a little over dramatic.


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## Spymaster (Mar 1, 2012)

trashpony said:


> Or alternatively, you could just lie.


 
Still don't think this is necessarily great advice.

Maybe if the arrest didn't result in conviction, or the conviction was for a relatively minor offence and/or is "spent". But anything that's likely to upset them I'd be inclined to declare and take my chances pleading my case with the Embassy.

If you get arrested while there for something relatively minor they could apply for (and get) your UK wrap sheet. You could end up getting banged up for falsely gaining entry. Insurance could be invalidated so if you have an accident or medical emergency you may be fucked. If you intend to hire a car, when you sign you declare that you're legally entitled to be in the country, so you'll be bullshitting there ... etc etc.

It's not just about gaining entry.


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## trashpony (Mar 1, 2012)

Risks I was prepared to take. I lived there for two years and have been back countless times before and since <shrug>

I owned a car and rented an apartment and had medical treatment several times.

Depends how badly you want to go I suppose


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## Jason West (Mar 1, 2012)

The bit about 'arrested even without conviction' is more than unacceptable and serves no purpose.


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## Spymaster (Mar 1, 2012)

trashpony said:


> Risks I was prepared to take. I lived there for two years and have been back countless times before and since <shrug>
> 
> I owned a car and rented an apartment and had medical treatment several times.
> 
> Depends how badly you want to go I suppose


 

That's fair enough if you're prepared to take the risks. But at least make others aware of them if you're going to encourage them to do the same. If you don't get arrested, don't wreck a hire car, don't have a massive medical insurance claim ... etc, etc, you'll likely get away with it.

But people should be aware that making that false declaration is a criminal offence in itself, and could potentially turn relatively minor mishaps into proper U.S. bumfuck-jail time, when they do it.


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## 1927 (Mar 2, 2012)

trashpony said:


> I don't know. If you applied and got turned down, then you may be still be on their system.


 
I think its almost certain that they will be on the system. As always stated on these threads the only way they will know about minor coinvictions is if YOU tell them i.e by applying for a visa. failed visa applicaton means no entry, end of.


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## trashpony (Mar 2, 2012)

Spymaster said:


> That's fair enough if you're prepared to take the risks. But at least make others aware of them if you're going to encourage them to do the same. If you don't get arrested, don't wreck a hire car, *don't have a massive medical insurance claim* ... etc, etc, you'll likely get away with it.
> 
> But people should be aware that making that false declaration is a criminal offence in itself, and could potentially turn relatively minor mishaps into proper U.S. bumfuck-jail time, when they do it.


 
Umm that simply isn't true. Like I said above, I've claimed on my medical insurance. It's very, very unlikely that they would check your UK record unless you were arrested for committing a crime.

Okay, I will change my advice to 'if you've committed a crime in the UK and you want to go to the US, you may not be able to get in if you've committed a crime of moral turpitude and declare it. If you don't declare it and then go to the US and commit another crime, then you will be in deep shit for lying in the first place.'

I still think you're being a pedantic git.


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## 1927 (Mar 2, 2012)

trashpony said:


> Umm that simply isn't true. Like I said above, I've claimed on my medical insurance. It's very, very unlikely that they would check your UK record unless you were arrested for committing a crime.
> 
> Okay, I will change my advice to 'if you've committed a crime in the UK and you want to go to the US, you may not be able to get in if you've committed a crime of moral turpitude and declare it. If you don't declare it and then go to the US and commit another crime, then you will be in deep shit for lying in the first place.'
> 
> I still think you're being a pedantic git.


 
I think thats fair Trashy. I was advised that I should apply for a visa after my DUI, I took the opinion that it was not a crime of moral surpitude so I could answer honestly that I had not committed such a crime. Had I applied for a visa then I was disclosing information that US immigartion would never have found out had I not divulged it. As I keep saying on this type of thread people have to make their own decisions, it is not a black and white issue, but you take your own risks. On the other hand I think the chances of getting found out are very slim, there is no agreement between UK and US to share criminal record information and do people really believe that the US has a data base of every crime committed by every person in the world? The databases held within the US on their own residents are so large that they cannot even cross reference effectively. I have a  friend living illegally in USA with a false National Insurance number who was always wary that he might have a knock on the door at any time. He was arrested for not having his dog on a leash one day and had to appear in court. Despite his strange accent no one picked up on fact he was an illegal, no cross referencing of immigration computer records. He then realised that the knock on the door was very unlikley to ever come. He was even on the local police benevolent committee.


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## Spymaster (Mar 2, 2012)

trashpony said:


> Umm that simply isn't true. Like I said above, I've claimed on my medical insurance. It's very, very unlikely that they would check your UK record unless you were arrested for committing a crime.


 
Not quite. It's very highly likely that they would apply for (and receive - it can be done in a couple of hours-) your UK record if you were arrested for committing a crime. Regarding your medical insurance claims, as I said it's major claims that could cause a problem. Even in the UK insurance companies employ people to investigate major claims with a view to avoid coughing-up. The bigger the claim, the harder they dig. So whilst relatively minor claims are unlikely to cause problems, those running to larger amounts (perhaps involving third party damages, repatriation costs, or serious medical bills) may present potentially life-changing problems.



> Okay, I will change my advice to 'if you've committed a crime in the UK and you want to go to the US, you may not be able to get in if you've committed a crime of moral turpitude and declare it. If you don't declare it and then go to the US and commit another crime *(*)* then you will be in deep shit for lying in the first place.'


 
(My bold)

Where *(*)* = "or are involved in a host of other unlikely but possible scenarios", would be better.



> I still think you're being a pedantic git.


 
Well when encouraging others to commit a criminal act that could have serious consequences, however unlikely, a degree of pedantry is warranted, IMO.


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## trashpony (Mar 2, 2012)

Fair enough


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## Jason West (Mar 2, 2012)

The problem with the 'crime of moral turpitude' is vague to say the least as different states have differing ideas as to what a crime of moral turpitude is.  For example o r a l   s e x is on the list of crimes of moral turpitude, see here http://britishexpats.com/forum/showthread.php?t=559272 as  o r a l   s e x is illegal in some states in the US, where as in Florida Bestiality wasn't made illegal until October 2011.  Still, it's a step too far by the Americans to ban people who were merely arrested and released without charge from entering the US.  I was a witness to an 'incident' a few years ago where one person alleged she'd been assaulted by another, I was there and no physical contact between them took place at all, yet there was still an arrest made.  After a while the case was dropped, no charge, no conviction, but that poor girl has a record of arrest, and she is 100% innocent.  'Arrested even without conviction'  I can't help thinking that the USA is actually a covert theocracy, run by saintly naive fanatics.


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## superstains83 (Mar 5, 2012)

Criminal convictions,

16y/o shoplifting
17,18,19 y/o burgalry and car theft, and drugs possesion with intent to supply, criminal damage and intimadating a witnessy over 26 arrests in 3years finally sent to jail for 4years
23 and 24 y/o affray and assault
26 y/o theft from employer totalling 8000g
and most recent driving while band and leaving the scene of an accident

not proud of these i was a stupid kid that new wat was best and dint like ppl taking advantages as got older lol

point been iv been arrested and convicted more times than i care to remember, but iv been traveling to america mainly florida where i have family 3x times a year since i was 10, except when i was on hol at her majesties pleasure. even while on bail.

not once have i had any issues or problems while travelling on my own or with my family. i lie i lie and i lie, im probably on more databases than most but i stil lie.

but its your risk to take thats just my experience i thought id share

GOOD LUCK


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## gofasterstripes (Mar 9, 2012)

I am just wondering if any of you that have a record have ever been taken for secondary inspection whilst travelling? I understand that they scan your passport through some more databases etc and am wondering if this has flagged stuff that might be held on the PNC....I would imagine it is more of a FBI/ US national / Watchlist type database but any stories of people with records getting flagged for  a random secondary inspection and still getting through would  be interesting.


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## trashpony (Mar 9, 2012)

The answer is on the thread 

Oops - maybe it isn't. Anyway I was held up in 2ary immigration for two hours when I had been on holiday to Mexico because they thought I was working illegally (which I was). They never managed to find out where I worked, so eventually let me back in.

So I think you'll be fine. And sorry for not replying to the PMs, I'm a bit shit at them


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## Jimmy123 (May 18, 2012)

Hi evryone, i need a little bit of help, we booked a family holiday to florida last year and were going in 4 weeks, i have a criminal record for violent disorder, 6 years ago, was only 16 at time, anyway my mother was talking to a mate of hers a couple weeks ago and they told her i had to tell them tha iv got a criminal record, foolish of her shes gone through the processs of the police certificate and filling out all sorts of forms, they cant offer me an interview untill the day before i go so there be no chance ill get the visa, i was acceped with the other one, cant remember what its called, so was wondering if i should try my luck and see what happens, any help kindly appreciated, thankS


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## 1927 (May 18, 2012)

Jimmy123 said:


> Hi evryone, i need a little bit of help, we booked a family holiday to florida last year and were going in 4 weeks, i have a criminal record for violent disorder, 6 years ago, was only 16 at time, anyway my mother was talking to a mate of hers a couple weeks ago and they told her i had to tell them tha iv got a criminal record, foolish of her shes gone through the processs of the police certificate and filling out all sorts of forms, they cant offer me an interview untill the day before i go so there be no chance ill get the visa, i was acceped with the other one, cant remember what its called, so was wondering if i should try my luck and see what happens, any help kindly appreciated, thankS


 
i suspect ya fucked to be honest., by filling out the formw yoru mum has basically alerted the US authorities to the fact that you are travelling and a have a criminal record, if she hadnt done that they wouldnt have known.
In your case I wouldnt risk travelling as I think its likely that you will be turned back,


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## editor (May 18, 2012)

Just as an aside, I had an American singer-songwriter booked at my show a few years back. He got stopped at customs because he was carrying a guitar and some CDs of his stuff. They looked him up on the internet and found that he was listed as playing one free unpaid gig in Richmond (my free gig wasn't even listed) and the poor sod was sent straight home because he had come to "work." The reality was that he was on holiday and he thought playing a pub gig or two might be a treat.

I imagine UK musicians travelling to the US can expect the same.


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## Jimmy123 (May 18, 2012)

Ahh right cheers, im gonna just try it and act stupid if i get caught


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## 1927 (May 18, 2012)

Jimmy123 said:


> Ahh right cheers, im gonna just try it and act stupid if i get caught


 
You havent thought this through have you. If you try it and get turned back you will be banned from USA for atleast 10 yrs. You cant use being stupid as a defence, although I'm sure you'd be very convincing, as its a bit hard to say you didnt know you needed a visa when you have already applied for an interview!


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## Jimmy123 (May 18, 2012)

To be honest i couldnt care about being banned from usa, im wondering weather i can phone the embassy and say iv cancelled the holiday, dont know what to do, id rather loose 100% off the money i paid and try get in the country than lose 90% and not try if you know what i mean


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## trashpony (May 18, 2012)

Jimmy123 said:


> To be honest i couldnt care about being banned from usa, im wondering weather i can phone the embassy and say iv cancelled the holiday, dont know what to do, id rather loose 100% off the money i paid and try get in the country than lose 90% and not try if you know what i mean


No, I don't understand what you mean. What good would calling the embassy do?  If they've turned you down for a visa, they won't let you in. So you're going to be sitting on a plane for fucking hours and then turning round and coming straight home again. I suppose you'll get in flight movies and a couple of beers out of it


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## not-bono-ever (May 25, 2012)

Just as an aftethought - the ACPO have a sliding scale of items falling off their list - they will always be on for UK internal matters, but for things like Aus/US work permits and suchlike, once the period has passed, they will not divulge to anyone apparently ( unless yer a terrorist naturally ) - short of murder, 10/15 years should see you in the clear for these kind of record checks.

Also, as mentioned, the US does not have access to UK copper Databases - the ACPO have confimed this - unless soemthing signifcant happens in the near future, unless you are flagged on the US systems for whatever reason, its pretty unlikey they can find out.

I am not advocating lying obviously, but faced with a likely visa refusal vs winging it, I would statistically go for the latter.


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## sjsub (May 30, 2012)

My partner and I have booked a holiday to Florida with our 4 kids several weeks ago, at the time we booked we had no idea that if you have a criminal record you won't be let in, he has a drink drive charge on his record which is almost 6 years old now but one of his colleagues told him that he would have to apply for a visa through the US Embassy, and a few people since have told him that they tried to get in with drink drive charges they didn't declare and were picked up in the airport and sent straight home on the next flight, he decided not to risk it and in the past couple of weeks he's gone through every step that the Embassy told him to do, paying for the police report, etc, he had the interview with the Embassy last week and they told him they would be happy to grant him the visa as long as he passed a doctors medical, bearing in mind we live 150 miles from the Embassy, he then had to come home and make an appointment with the doctors office which is 100 yards from the Embassy and travel back to London yesterday, he assumed that a blood test would be taken to check for any alcohol in his blood, a blood test was taken but this was for the purpose of checking for any diseases he may carry (?) and then had an interview with the doctor having to state how much alcohol he consumes in a week, he told them truthfully that he doesn't drink through the week as he works long days, but likes to relax at home on the weekend with maybe 5 or 6 cans, based on this the doctor told him he may not be granted a visa now as this is classed as binge drinking and apparently when people binge drink they will do stupid things! So now we have to sit and wait for the Embassy's decision on whether they will give him the visa or not, granted he did a very stupid thing by getting drunk and driving home and getting caught, granted, he was out of order but he paid the price and hasn't gotten behind the wheel of a car drunk or got into a bit of trouble since, but all because he still enjoys a drink on weekends he is now a risk - who doesn't enjoy a good drink on weekends?? And this was almost 6 years ago.....I've never heard of such ridiculousness, they agreed that if he drank one or two cans per night and had at least 2 days alcohol free then this would be acceptable, where's the logic in that?  I wish now we hadn't bothered as it's cost a small fortune overall (£270 for dr's appointment, $160 for the privilege of being interviewed by the Embassy, without the cost of travel, congestion charges, parking, etc) and we still may end up having to cancel the holiday and upsetting the kids, he's going for a family holiday not a lads binge drinking holiday where he'll be at risk of getting off his face and causing trouble in the streets of Florida, I just feel it's one big money making scam, and the basis on which they make their decision is not really justifiable. It does seem very unfair indeed.


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## Ted Striker (May 30, 2012)

Spymaster said:


> Not quite. It's very highly likely that they would apply for (and receive - it can be done in a couple of hours-) your UK record if you were arrested for committing a crime. Regarding your medical insurance claims, as I said it's major claims that could cause a problem. Even in the UK insurance companies employ people to investigate major claims with a view to avoid coughing-up. The bigger the claim, the harder they dig. So whilst relatively minor claims are unlikely to cause problems, those running to larger amounts (perhaps involving third party damages, repatriation costs, or serious medical bills) may present potentially life-changing problems.


 
I've previously worked in US Medical Insurance (and Personal Accident, where the claim would arise as a bolt on to a travel policy), and this sounds like complete and utter bollocks (and nothing like what I've ever heard) tbf.

You don't even sound that convinced yourself


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## Ted Striker (May 30, 2012)

sjsub said:


> he told them truthfully....relax at home on the weekend with maybe 5 or 6 cans


 
A bit  tbf.


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## sjsub (May 30, 2012)

Ted Striker said:


> A bit  tbf.


I know, thinking about it now he pretty much hanged himself on that, but there you go, can't back track on that now, and if he said he was completely tee total they would've sussed him as a complete bull shitter anyway!


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## Bahnhof Strasse (May 30, 2012)

I have a drink driving conviction and have arrived in the US numerous times pissed as a fart (the joys of business class flights) and no fucker has ever battered an eyelid, even landing in San Francisco where I was too smashed to speak other than to mumble, "Well, can I have a ciggie yet?"

So I would assume that it's shite and your partner wants to be left home alone for a couple of weeks so he can bone that blond piece with the big norks in accounts.

hth


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## sjsub (May 30, 2012)

Bahnhof Strasse said:


> I have a drink driving conviction and have arrived in the US numerous times pissed as a fart (the joys of business class flights) and no fucker has ever battered an eyelid, even landing in San Francisco where I was too smashed to speak other than to mumble, "Well, can I have a ciggie yet?"
> 
> So I would assume that it's shite and your partner wants to be left home alone for a couple of weeks so he can bone that blond piece with the big norks in accounts.
> 
> hth


Oh dear, I'm sorry if that's what the missus did to you, fobbed you off to be boned by Dave from warehouse, or was it John from the coffee shop next door?  Either way I'm not surprised you got  pissed on the flights   Hooray for you!


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## wemakeyousoundb (May 30, 2012)

not-bono-ever said:


> Just as an aftethought - the ACPO have a sliding scale of items falling off their list - they will always be on for UK internal matters, but for things like Aus/US work permits and suchlike, once the period has passed, they will not divulge to anyone apparently ( unless yer a terrorist naturally ) - short of murder, 10/15 years should see you in the clear for these kind of record checks.
> 
> Also, as mentioned, the US does not have access to UK copper Databases - the ACPO have confimed this - unless soemthing signifcant happens in the near future, unless you are flagged on the US systems for whatever reason, its pretty unlikey they can find out.
> 
> I am not advocating lying obviously, but faced with a likely visa refusal vs winging it, I would statistically go for the latter.


where can we peruse that sliding scale?


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## not-bono-ever (May 30, 2012)

check to ACPO website - got a feeling its a huge .pdf with the various categories listed by offence category.


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## not-bono-ever (May 30, 2012)

http://www.acpo.police.uk/documents/PoliceCertificates/SubjectAccess/Retention of Records06.pdf


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## mojoojom (May 31, 2012)

Hi, Just wondering about a person's chances of getting in to the US if they have ticked no on the waiver and its been accepted but prior to doing that phoned the embassy's information line (in panic!) and given their details but did not go ahead and make an appointment?  Thanks


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## mojoojom (May 31, 2012)

Forgot to say... when I say gave details I mean name, address, passport number, but not exact details of crime (where and when and what). BTW it was a minor class B conviction which resulted in a fine eons ago! Thanks


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## pogofish (May 31, 2012)

I've known someone refused because of a 25 year old class-b. Even though he had been to and from the US quite a few times and even held a green card in the intervening years.

Four days in detention then turfed out but he has been let back-in since.  Seems to be a total lottery.


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## smurfitup (Jun 9, 2012)

Hubby has a " conviction " put on a crb 20 yrs + ago  but not on police databases after giving evidence in a case of armed robbery to protect him from gang  ( YES YOUNG AND STUPID  but didnt tke part just knew about it ...) ..does this mean he ticks no convictions we asked solicitor his reply was " AMERICA HAS NO ACCESS TO UK PNC RECORDS OR CRB CHECKS UNDER NO TREATY ARE UK RECORDS RELEASED UNLESS AN APPLICATION THROUGH INTERPOL IS REQUESTED THEN ONLY UNDER CIRCUMSTANCES OF  PROVEN CAUSE FOR TERRORISM ARE THEY RELEASED JUST TICK NO AND GO "   HOPE THIS HELPS...


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## porno thieving gypsy (Jun 13, 2012)

That does seem to finally answer a question that has been runnign since 2006!


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## trashpony (Jun 13, 2012)

I am stunned that anyone ever believes the US has access to UK PNC records tbh.

This thread will run and run but this time we have proper legal advice to quote


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## not-bono-ever (Jun 13, 2012)

hooray!


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## dirtyleeds (Jun 16, 2012)

Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here.

I have travelled to Florida twice in the past 2 years. last year was me my wife and little girl. this year with the addition of my youngest son whos 19. Last year I filled in the ESTA form online and after answering about 6 questions no, no,no,no, just whipped through them all.

I 100% genuinley forgot about the criminal record bit as I was last in trouble maybe 20 years ago, Im now 51. So last year I flew into USA not even giving it a second thought, as far as I was concerened I was 100% legit, all the ESTA's bounced back "accepted " immediately when I filled them in online, we sailed through immigration, I gave them my fingerprint and had my photo took, no problem straight through.

SO!! this year we went back and decided to take my youngest son whos 19. He lives in S Wales we live in the North Of England. he mentioned about the Moral Turpitude question on the Esta application and said he was worried about his conviction (will explain later), and I swear!!! it was only at that point I read the esta apllication properly and my heart sank. He wouldnt be able to go. And I had allready paid for the full monty for the four of us.

Right!! his conviction, he was taken to court last year for selling fake/counterfeit CDs on ebay, I will not make groveling apologies for his behaviour or condone it, he bought about 60 from a boot sale over a space of 2 years, actually thinking they were all real, long story short , he had been buying fakes, clearout for new flat screen, sold to wrong punter, complaint, reported, raid, all his PC, computer, PS3, mobile phone, confiscated, court, first time offence, pleaded guilty, grovelling apology. didnt get a solicitor, as thought small fine/smacked legs. £4,000 fine plus costs, and labeled with 6 counts of FRAUD. unfuckingbelievable.

Now after spending 7k on a nice holiday I wanted some assurances that he was going to get in. went and spent best part of £400 with a solicitor to investigate what they could look into upon our arrival at immigration, I had spent 2 weeks trawling every website possible including USA's homeland security, immigration, I read every page of this thread, and a zillion others, Anyway. the USA DO NOT HOLD INFORMATION OF OUR CRIMINAL RECORDS, AND NEITHER DO ANYONE ELSE. This is a cast iron guranteed fact.

They can request information from our records. at the disrection of the issuing authority back here in the UK. meaning if you were stopped for carrying something you shouldnt, you were stopped for a driving violation, or arrested for any sort of disorder, drunkenness. THEN AND ONLY THEN could they request any further information about you. They take every fingerprint and photo of everyone entering the USA for THIER RECORDS ONLY, it is simply for immigration control only and will show all your movements in and out of the USA, overstayers, regular travellers atc.
So with this new info I filled his esta application in, and clicked the button, in a nano second it went "application accepted" and off we went.

This time I was shitting myself as I was worried about my own record from 20 years ago, but kept telling myself all would be ok as we had been there the year before, again we flew through immigration and have now been home a week, where I promised myself I would write a long boring explanation/post. about this whole situation, as I was really worried about it before I travelled.

I also had the cheek because thats what I am like, to quiz the immigration officials on the way back when we were leaving, about how good was thier system of detecting "people from the UK who had told little porkies on thier Esta applications" I even teased him with "I know people who have done it and come here" his reply!! " as long as they are not drug barons, murderers or terrorists, WE CANT REALLY CHECK".

He also added that the Esta is mainly to deter the undesirables from coming and getting people to openly admit and make seperate applications through thier embassy. which is another tale completly, and should you go down that route you will have no chance at all, and once refused you will allways be refused. The only time they will approve through that route is if its through a company that will have business links with the USA, or be of benefit financially, security or politicly to the USA.

Sorry the post is so long but after shitting myself for weeks after I paid my dollars out. I made sure I got to the bottom of it and post it up for the real people who were in the same situation. I think there is a lot of shite posted on this thread by scaremongers who have never even been.


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## not-bono-ever (Jun 17, 2012)

Good news - glad the hols went OK


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## 1927 (Jun 21, 2012)

Thanks dirtyleeds, you have confirmed as fact something that some of us have been saying for years, Baisvally keep ya gob shut, tick no, and they wont find out. apply for a visa and be honest and ya fucked!


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## Nitro2 (Jun 22, 2012)

dirtyleeds said:


> Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here....


 
Dirtyleeds,
can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).


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## trashpony (Jun 22, 2012)

Nitro2 said:


> Dirtyleeds,
> can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
> I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).


They don't check your fingerprints when you apply for an ESTA


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## 1927 (Jun 22, 2012)

Nitro2 said:


> Dirtyleeds,
> can you tell me if your son was fingerprinted (when convicted )? It's not the records or passports that flag people up but the fingerprints which indicate a "problem".
> I'm breaking my head over a similar issue (a theft conviction from years ago, have been an upstanding citizen since).


 
Just fucking go and keep ya mouth shut! they will not be able to trace you from your fingerprints.


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## 1927 (Jun 22, 2012)

trashpony said:


> They don't check your fingerprints when you apply for an ESTA


  I think he means when you enter US and they take fingerprints!


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## laptop (Jun 22, 2012)

1927 said:


> confirmed as fact something that some of us have been saying for years, Baisvally keep ya gob shut, tick no, and they wont find out. apply for a visa and be honest and ya fucked!


 
Er... not what anyone's been saying - not anyone who understands relative risk, anyway.

Keep your gob shut and they *may* not find out...


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## kittyP (Jun 22, 2012)

trashpony said:


> I am stunned that anyone ever believes the US has access to UK PNC records tbh.
> 
> This thread will run and run but this time we have proper legal advice to quote


 
I guess its the fear factor of getting there and being thrown back home or worse detained. 
Even if you reasonably think they would no have access, it would still bloody play on your mind enough to check it out.


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## RaverDrew (Jun 22, 2012)

dirtyleeds said:


> Right!! his conviction, he was taken to court last year for selling fake/counterfeit CDs on ebay, I will not make groveling apologies for his behaviour or condone it, he bought about 60 from a boot sale over a space of 2 years, actually thinking they were all real, long story short , he had been buying fakes, clearout for new flat screen, sold to wrong punter, complaint, reported, raid, all his PC, computer, PS3, mobile phone, confiscated, court, first time offence, pleaded guilty, grovelling apology. didnt get a solicitor, as thought small fine/smacked legs. £4,000 fine plus costs, and labeled with 6 counts of FRAUD. unfuckingbelievable.


 
WTF ??? 

I'm having real trouble believing this tbh. I know a few people that have sold counterfeit stuff on ebay (including CD's and DVD's at times) for YEARS. When caught or reported, they simply get their account suspended until they pass a test on what things they're allowed to list or not. After a certain amount of times the account gets permanently shut down. They can still open a new one with different name, address, and bank cards etc. Never any Police action. 

Even if true, then why the fuck did he not even speak to a duty solicitor, and why plead guilty ? mental


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## trashpony (Jun 22, 2012)

1927 said:


> I think he means when you enter US and they take fingerprints!





kittyP said:


> I guess its the fear factor of getting there and being thrown back home or worse detained.
> Even if you reasonably think they would no have access, it would still bloody play on your mind enough to check it out.


 
But all anyone can ever offer is anecdotal evidence. If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go


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## kittyP (Jun 22, 2012)

trashpony said:


> But all anyone can ever offer is anecdotal evidence. If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go


 
Well yes, totally


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## ruffneck23 (Jun 22, 2012)

i was looking at the esta form online as i might be going to the us for work, and i might bend the truth, however question 3 is genius :

3. Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with Nazi Germany or its allies?

im goinna have to answer yes 

( sorry if thats been posted before   )


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## not-bono-ever (Jun 22, 2012)

ruffneck23 said:


> i was looking at the esta form online as i might be going to the us for work, and i might bend the truth, however question 3 is genius :
> 
> 3. Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved , in any way, in persecutions associated with Nazi Germany or its allies?


 
thats me fucked then


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## cyril (Jun 24, 2012)

trashpony said:


> Risks I was prepared to take. I lived there for two years and have been back countless times before and since <shrug>
> 
> I owned a car and rented an apartment and had medical treatment several times.
> 
> Depends how badly you want to go I suppose


 
Hey Trashy

Great advice - deserve a medal for 7 years service.  But a question ... how did you manage to stay for 2 years or live there for any period?  I thought you get in with either 3 or 6 months stamp.  You re-entered over and over, or got an extension?

Y'see it's very true that the powers that be can't tell if you have some minor conviction unless you tell them.  But the problem then is if you ever want to stay for any longer period of time (ie. live or work there temporarily or even permanently) they will then want to see your ACPO certificate and discover you have been entering illegally.  Of course the thing then is if it shows "no trace" or "no live trace" would they even know then if you just denied having a record.  I guess its very hard for UK people to get these work or even temporary residence visas with any kind of record anyway so maybe going the visitor route is the best way anyway.

Just wanted to bring that up, as its usually why people do go for the visas.

Cyril


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## trashpony (Jun 24, 2012)

It was a very long time ago - I had a one year visa which I extended. This was before Estas so it's only relevant inasmuch as US immigration not having access to UK records. 

Obviously if you have a criminal record, trying to live there is a whole different ball game but I don't think that's what this thread has ever been about


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## golightly (Jun 28, 2012)

I am presuming it would be a very different story if someone has a criminal record in the US.  I have a client who is a UK citizen but has lived in the US from the age of 4 until he was deported when he 35.  He never went for US citizenship.  He now wants to see his mother, who lives in the US, and may not have much longer to live.  Finding my way through the bureaucracy here is proving to be rather difficult.


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## peterkro (Jun 28, 2012)

trashpony said:


> If they don't have access to the PNC then they're not going to have access to UK fingerprint records. If people are that worried about lying on the esta, don't go


 
I've also been to The US several times and just lied with no comeback,not going again cause the fuckers are not taking my fingerprints.Immigration can't access PNC but other security services can,I can't remember the full story but someone associated with Indymedia I think got pulled in Chicago and actually saw them access all his UK records,DVLA,credit card records,criminal records the lot.Even the French immigration can access the DVLA computers as I found out when I lost my passport,they just asked did I have a drivers licence (I was in a van so I would have thought it would be a given I'd have one,I didn't mention it was only a provisional one of course) I said yes but didn't have it on me they went straight to the computer checked my details and said drive on the ferry they'll sort it out in Dover.


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## wemakeyousoundb (Jun 28, 2012)

not-bono-ever said:


> http://www.acpo.police.uk/documents/PoliceCertificates/SubjectAccess/Retention of Records06.pdf


long list
I'm right there in group A 2 counts
:/

e2a: make that 3 counts :/


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## rijkaard (Jun 29, 2012)

Whats funny about all these years of posts is that not ONE experience of being turned back has been posted?


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## Daddy Twofoot (Jun 30, 2012)

Planning on going on a family holiday to the USA in a couple of years time, some people in the party have been convicted in court, one got an 18-month jail sentence to do with a car crash, so this is a very interesting thread. Must say, I incline to Trashpony's view of just saying nowt. I would like to hear more from people who applied for visas and having had criminal records and whether they got them. What I do know for a fact though, is that the footballer Joey Barton who had served a jail term for assault was refused a visa to go on a USA tour with his club (Newcastle Utd at the time) but then subsequently went on a holiday to the USA. This from a well-known newspaper's website:
_The United States is not prepared to grant Joey Barton a visa for Newcastle Utd's forthcoming tour but Alan Pardew's faith in the club's sometimes troubled talent is such that he has handed the midfielder the captain's armband for Friday's friendly at Darlington._
_Barton, along with his team-mate Nile Ranger, misses Newcastle's pre-season visit to the US after being refused a visa. Although Ranger, a striker, is close to being sold to a Championship club, both players are scheduled instead to join Peter Beardsley's reserve squad for a trip to the Netherlands next week._
_Barton's application was turned down due to his having served a prison sentence for assault and affray in 2008, while Ranger's rejection was the result of his having served time in a young offenders institution at the age of 15 after taking part in a street robbery._
_Ironically Barton travelled to the US as recently as last month when he enjoyed a holiday in Los Angeles along with his team-mate Danny Simpson. However, the stipulations for granting leisure- and work-related visas in the US vary considerably. Newcastle declined to comment on the apparent anomaly, saying that Barton's holiday was "not a club issue._

So make of that what you like.


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## rijkaard (Jul 2, 2012)

Nice post Daddy Twofoot - supports the theory that if you fez up you get turned down! If you just crack on you'll be fine!


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## Bogle (Jul 25, 2012)

Thanks for all the info. I'm now reconsidering my visa application. Only thing is I've already got my ACPO application back. On the form to apply for the ACPO check it asks what country you'll be applying for a visa to. I answered US. Do you think that could be an issue? Would they communicate possible applicants to the relevant US body?

In case it makes a difference: I have two convictions, one for supply of a drug, another for possession.


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## princealbert (Aug 4, 2012)

THANK YOU,d DIRTYLEEDS - you gave me peace of mind and I'd like to offer more peace of mind to others with my story.

I first went to the USA in 2003, before ESTA.  On the immigration card that I filled out on the flight in to LAX, It asked if I had been arrested and had a criminal record.  I DO have a criminal record.  Just like George Michael, I was caught in a compromising situation with another man in a public convenience, way back in 1991.

I lied and got into the USA without any problems.

Fast forward to 2012.  I booked a flight for my mother and I to visit New York for a long weekend.  I didn't know ESTA existed until about three weeks ago (two weeks before I was due to fly out).  A friend asked if we had done the visa clearance on the internet.  Just as well, because I'd have arrived at Heathrow without doing it.

So, once again, asked if I had ever been arrested or had a criminal record, this time I was sh*tt*ing myself.  I read as much as I could on the internet about this.  It was DirtyLeeds that gave me peace of mind.

It was not until I arrived at immigration at JFK I felt very nervous.  I was stood with my mother, who to this day knows nothing of my past.  My passport was stamped with no questions.  My mother was asked if this was her first time to the USA, which it was.  She was then stamped in and we had a great weekend taking in the sights of NYC.

It is worth noting that we did not have to fill in an additional immigration card on the flight or in the airport, just a customs declaration form to make sure I was not laundering cash or high value items.

Leaving the USA was just as straight forward as entering.

So, remember, if you have never told any US authority about your criminal past and you are not guilty of any major crime such as murder, terrorism (or been associated with it in any way) or any kind of drugs conviction, I don't see how it can cause you any problems.

If US authorities are aware of any criminal history, including arrest, you'll have to go via the lengthy and expensive visa route and their is a chance your visa application will be denied.  And once denied, always denied.

But now that I have lied on two occasions, if I ever want to return to the USA, I have to lie every time.  But in all honesty, I think their screening system is nothing short of draconian and seriously cannot see myself every returning to the US again.

I could not possibly say what the risks might be for any individual.  I can only tell you of my own personal experience.  But as others have said, on all the forums all over the internet, I have not read one single story of anyone being sent home after they have arrived at a port of entry.

Thank you.


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## muppet 07 (Aug 15, 2012)

princealbert said:


> THANK YOU,d DIRTYLEEDS - you gave me peace of mind and I'd like to offer more peace of mind to others with my story.
> 
> I first went to the USA in 2003, before ESTA. On the immigration card that I filled out on the flight in to LAX, It asked if I had been arrested and had a criminal record. I DO have a criminal record. Just like George Michael, I was caught in a compromising situation with another man in a public convenience, way back in 1991.
> 
> ...


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## muppet 07 (Aug 15, 2012)

hi , please can someone help put my mind at rest ????

i have booked a holiday with my family to florida ( nov this year) and was intending to travel via an esta , (never been before) , however when i started to fill out the esta form i came to the section about previous convictions , i have 5 convictions from the same time (1995) for Minor offences for which i recieved a community service order and a small fine , i stopped the application and checked the us embassy website for info as the esta application said i would need a visa . i decided to go ahead with the visa application obtained a ACPO cert which showed no live trace and subsequently had to also obtain details of all my convictions as i had "put that part of my life behind me " .I then phoned the £1 odd a minute US embassy number ,was given details of how to apply /links etc , i then filled in the Date form VCU-1 and sent it to the embassy booking office along with a copy of my ACPO cert and have recieved an email inviting me to book an appointment . 

her comes the crunch !!!

i then checked how drawn out the process is and that most applications are denied and sent for further processing for a waiver of inelligability , as my holiday is in November i don't see this an an option , i have also been on several forums which have completely fried my brain as to what to do next :

option 1 : travel under an esta ( ticking no where necessary)have no problems at all

option 2: as above but get stopped at US immigration ! ( will i get sent home )????
Option 3 : carry on with the visa application and find that it isn't resolved before November and face losing £5,000 !!!

will my details already submitted affect my chances of travelling under Esta( i know i will have to lie on the form)????????

im so stressed by it all and realize that its my own fault for not checking properly but this is out first holiday fore years and it taken that long to save for it !!!!!!!!

what is the best advice somebody can offer ??

thanks


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## trashpony (Aug 15, 2012)

If you've told them, I think you have to go for the interview. I suspect you'll be stopped otherwise


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## muppet 07 (Aug 15, 2012)

trashpony said:


> If you've told them, I think you have to go for the interview. I suspect you'll be stopped otherwise


 
even if i havent booked the appointment ? would the details i have given show up ?


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## muppet 07 (Aug 15, 2012)

muppet 07 said:


> even if i havent booked the appointment ? would the details i have given show up ?


i havent filled in a D160 visa application yet ?


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## muppet 07 (Aug 15, 2012)

trashpony said:


> If you've told them, I think you have to go for the interview. I suspect you'll be stopped otherwise


i havent filled in a D160 visa application yet either ?


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## trashpony (Aug 16, 2012)

I've never filled in a visa application so I have no idea. You must have given them some details for them to have invited you to an interview though


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## princealbert (Aug 16, 2012)

If the embassy has your name and know that you are applying for a tourist visa because you have a previous conviction, I'd say they know.  If you had have just gone to the US and lied (as I did) they DO NOT have access to UK criminal records.  They only know of a previous conviction IF YOU TELL THEM.

The ESTA system is an utter travesty, causing so much needless anxiety.  I wish all countries that have to go through the ESTA system would reciprocate by putting all US citizens through the same b*** s*** to visit those countries.

Sorry mate, but I'd say you are stuck with the visa route now and you are just going to have to accept the outcome, whatever it is.  Otherwise you could risk the ESTA route and accept that you could be sent back upon arrival.  The only hope is that I too have trawled the net and not once read about anyone being sent back.

Good luck.


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## muppet 07 (Aug 16, 2012)

princealbert said:


> If the embassy has your name and know that you are applying for a tourist visa because you have a previous conviction, I'd say they know. If you had have just gone to the US and lied (as I did) they DO NOT have access to UK criminal records. They only know of a previous conviction IF YOU TELL THEM.
> 
> The ESTA system is an utter travesty, causing so much needless anxiety. I wish all countries that have to go through the ESTA system would reciprocate by putting all US citizens through the same b*** s*** to visit those countries.
> 
> ...


 
do you think that if i was stopped at US immigration they would send me back home?? i have had nightmares of having to  leave my family in florida!!!!!!!! and me on the next plane home , or worse !!!

ive already booked and paid for everything park tickets , car hire the lot !! cant get a refund  i havent filled in the DS160 visa application yet all i filled in was a data form , all i had was an email asking me to phone for an appointment , does anyone know if you can talk your way in if they do stop you ???? is it a blanket across the board thing or do they look at each individual case ??or is that more wishful thinking , can you tell i havent done this before ???? 
ieve


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## uk benzo (Aug 16, 2012)

You say you gave your name. Did you give them any other details? I ask because if it is only your name that you gave, and you have a very common English name, I think you would have no problem going through the esta route.


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## muppet 07 (Aug 17, 2012)

uk benzo said:


> You say you gave your name. Did you give them any other details? I ask because if it is only your name that you gave, and you have a very common English name, I think you would have no problem going through the esta route.


i filled out a VCU1 data form ( including my convictions ) and sent my police certificate ( which stated no live trace as it was so long ago


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## muppet 07 (Aug 22, 2012)

Thank you for your responses! I think I can safely put this one to bed. 

I rang the US Embassy in London, and spoke to a very nice man called 'John'.

I explained my situation to him and he explained the following.....

'DS-160 forms are DORMANT UNTIL ACCESSED. When you call to pay the MRV and schedule an appointment, then the application is ACCESSED. This then takes it to the next stage - LIVE' ie. approval or denial. 

As I wish to to take no further action, my application will remain on their computer system for a period of 30 days, then it will be deleted. I need to take no further action with regards to my current ESTA, as it will still be as it was before. 

I did mention that I was expecting an interesting conversation on my next VWP visit to the US, but he told me 'this is a common problem. The visa system can sometimes be confusing! You will be able to enter as normal on your VWP'.

I think that was worth the £1.23 a minute!



Hi , can anybody tell me if the above statement is true ?? or likeley to be true ???, i found it on another forum


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## muppet 07 (Aug 25, 2012)

Jimmy123 said:


> Ahh right cheers, im gonna just try it and act stupid if i get caught


hi , how di you get on ?? did you go through immigration ok ??


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## Knobby Earth (Aug 25, 2012)

I've read this and other forums with interest over the last 7 months or so as I had a holiday booked to the USA with my family. My wife was arreseted for breach of the peace 7 years ago (not convicted) and she also has bipolar (hence the arrest). I had a double dilema with the ESTA form - declare the conviction and the mental illness or not. She has been sectioned under the mental health act several times in the past but has been symptom free for 7 years under medication. I decided to tick no to both on the ESTA - it was approved and had a few sleepless nights leading up to the holiday. My wife has a recent advanced disclosure which shows nothing so decided to go with the ESTA. We were assured by her GP her sections were confidential and carried a letter from her GP stating medications and what they were for. On arrival at US customs we were asked why we were viaiting USA - and that was it - no further questions and we were admitted. We took 4 flights in total during the visit with no interest in her medication that was carried in hand luggage.
I can't advise anyone else what to do but we had no problems whatsover. I would therefore concur with comments of several threads - they don't know unless you tell them.
Good luck.


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## gag (Sep 25, 2012)

New
hi i have a criminal past will they let me in i am donating a kidney ???​


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## pogofish (Sep 25, 2012)

Have you tried reading the thread?

Pretty much every scenario for someone with a record is covered.


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## tomjon (Dec 27, 2012)

Thanks everyone!


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## tomjon (Dec 28, 2012)

Thank you Dirtyleeds and everyone else who has shared - you dont know how much it is helping me. THANKYOU!

Quick recap
1. If you don't contact the embassy and go through proper channels declaring a conviction, and go on the holiday, deny all convictions and tick no on the waiver form - Many are reporting this to be successful
2. If you do this - Nobody is reporting this to have got them deported, sent back home, detained or worse.
3. If you do contact the embassy and go through proper channels as above - Some are reporting that the visa is denied, without reason, and without them being told how long before they can try again.

What I haven't quite worked out yet
Q1. Does the above (ticking no on waiver forms) definitely apply to possession of class A drugs - some people are noting this as something to be considered more severe than other convictions.
Q2. Does the above (ticking no on waiver forms) apply for spent convictions or does it include spent and unspent? For example is it better to wait until convictions are spent before going to USA? Or does anyone know this not to be true?
Q3. Does anyone know about how this might affect future visa applications - lots of people talking about single trips but what about if someone intends to live in the USA at some point in the future, would this action show that they had lied on forms and scupper any future longer term visa application.

I am building a fantastic picture from everyone's experiences and I would really appreciate if anyone has any case studies to add that confirm or answer the above points.

When posting I think its important for people to say what are solid facts and what is hearsay/opinion.

Thanks again!


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## victor1 (Dec 31, 2012)

I am copying a couple of posts from another forum .Does anyone know please does the USA have a New database that can view all convictions
It is now to do with the new database which makes it nigh impossible to get into the USA if you dont declare you have a previous and actually do (as now they will know 100% upon entry) so a mad rush of Brits (and others) applying. There was an article in the FT about it the other week (as it was a UK/US data system) - will try and find it and post a link.
__________________
That's what the American embassy have said! When DH used to get a visa it only took 8 weeks, they told him that the delay was caused as thousands of people were now having to get visas for travel now as they can now see criminal convictions. So all those naughty people who never declared them before will probably get caught out by ESTA or immigration when landing.


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## dazza123 (Jan 6, 2013)

need some help please
I am hoping to go on holiday to florida soon but am very worried they wont let me in,
the reason being when i was coming home from work on a bus the other day i decided to have a pick around in my nose just to kill a bit of time, i could see the bus driver looking at me but i did not care after pulling out the biggest boggy ever i wiped it on the seat next to me. the drive saw me do this and started to shake his head at me. 
Do you think i will be able to go on my holiday or do you think US immigration know about this and will just send me home???
_ am really worried and dont know what to do_
_Help me_


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## Sabu (Jan 9, 2013)

dazza123 said:


> need some help please
> I am hoping to go on holiday to florida soon but am very worried they wont let me in,
> the reason being when i was coming home from work on a bus the other day i decided to have a pick around in my nose just to kill a bit of time, i could see the bus driver looking at me but i did not care after pulling out the biggest boggy ever i wiped it on the seat next to me. the drive saw me do this and started to shake his head at me.
> Do you think i will be able to go on my holiday or do you think US immigration know about this and will just send me home???
> ...


 
They'll deffo know bro.  I farted on the plane and was sent home.


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## Havers (Jan 13, 2013)

Stupid or paranoid?

My sis is supposed to be getting wed in the us next year, Disney no less... She is obsessed with these disney message boards and has been wittering on about how her soon to be hubby has a few skeletons in his cupboard but that he doesn't need a visa.  
Am I just a conspiracy theorist thinking its a bad idea to discuss that on these boards ( where she posts all about herself and her plans). Surely at the least they could be selected for secondary screening. Big brother and all that - sis thinks I am nuts!


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## McSonny (Jan 18, 2013)

slish66 said:


> Hi,
> Does anyone know anything about going through usa customs from the uk, with a criminal record?
> We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american embassy in london.
> One of the ppl im travelling with has a record for shoplifting last year, although she didnt get fined, just a telling off basically.
> ...


 
Hi, my advice is and believe me I have been through immigration lawyers and the like for a year now for a member of my family ...... If its just a holiday dont declare anything as its not a crime of moral turpitude (there are lists of inclusions if you google them) . If they find out whch they probably wont play ignorant.  If applying for a visa to stay/study etc, then you have to answer the question on the application form "have you ever been arrested, convicted .....  this has been changed recently to include arrests.  The outcome could be ok but could take months and months and then could be refused and believe me once they make their mind up it wont change! If refused they tell you that you cn apply again, they wont advise or tell you whether youll get it or not just take your money and not give you a straight answer.  Holiday, wouldnt cross my mind to declare it.


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## soundstrue (Jan 19, 2013)

Hi

I have to sign the sex offender's register, and before anyone starts flinging do-doo at me, I should say that while I seriously regret what I did and wished I had understood the recklessness of my action, what I did was, in the scheme of things, minor, and that sadly I am often treated in the same way as a rapist or paedophile, which I am not. I hate my situation because although it is something that happened 5 years ago, I still have two years to go on the register, and the aftermath is massive.

My question relates to this forum though because my wife is American. We got married during the legal upheaval in 2008. Prior to that I had travelled to the US many times while we were dating. I traveled after having been arrested and there was no issue. I have not been back since the actual conviction.

Since all this happened my passport has been replaced and I now have an electronic chip in it which carries unspecific information which always means that when I come back through UK customs they ask me for my home address. It has something to do with VISOR which I believe is a UK listing.

SO although my conviction was over a minor issue, because it was sex-related I think it would be regarded as a 'moral turpitude' offence.
Is there ANYONE on here who knows of anybody who has successfully traveled to the US, but not applied for a visa, and just not ticked the boxes on the ESTA form? Many people on here ask questions relating to drug offense charges but I haven't read any posts from anyone brave enough to ask this question. (Presumably because people can be quick to judge in this particular area).

I would dearly love to go back to the US with my wife sometime. She is traveling there alone this year with our son, as at the moment I am not willing to risk it. If there is anyone who has any useful practical advise we would both really welcome it. Some on this forum seem to be absolutely categorical that the US has no access to UK records unless officially requested by the US immigration. Can I ask those people, or anyone else who has actual knowledge or experience of the subject, if they know whether that applies to the 50 000 people in this country who, for whatever reason, have to sign the SOR?


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## mvice (Feb 4, 2013)

Hey

Im 21, ive never been arrested until once for the first time last year (2012), and convicted of criminal damage (windows on 2-3 vehicles), one of those i did not do but was found guilty of anyway, i was given a suspended prison sentence under 6 months, ive been through alot for years and had bad issues with anger and depression and this was my way of coping and getting it out of me, i hate this stupid mistake and the idea of never being able to go to the US affects me greatly and is making me depressed and upset now, is criminal damage/damage to a vehicle seen as something serious?, i hate the entire system and anything that does not harm a human being should at least come off at some point, even if it takes 10 years, especially if you never offend again or it is your only mistake, are you not allowed to make even one mistake while growing up, i thought about contacting a US embassy for an answer and to explain my whole reasoning behind it and to show it was my one and only mistake, but after now reading all these posts i dont know if its such a good idea as it seems like it just closes the door permanently.., nothing gets to me more than this now, i always wanted to visit the US but also i always wished to live there one day, what would i have to do to stay there?, i care more about knowing that answer and how i can do it more than knowing if i can just lie to do a visit/visits


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## John Forbes (Feb 18, 2013)

This forum has been a great help in understanding how the system works. I'm not about to now reword my own question that's been covered on here a million times. I, unlike others that have posted on here have actually read the entire thread from start to finish and understand that providing I'm not a terrorist or murderer I'll be fine using the ESTA system and ticking NO. 

I've read plenty of forums online with regards to this issue and with such broad statements within the ESTA question form, I find it hard to believe how most get in without bending the truth to some extent. 

In my case, I was given a caution on the street for being with a mate who was smoking a splif. The caution was given to both of us and we were told at the time that it doesn't count as a criminal record and is just kept on file, as a means of deterring either of us from doing something stupid like that again. This caution is NOT a conviction, so I'll be answering no to the question within the ESTA form. 

As many of the contributors on this thread have said. The authorities only know as much as you tell them, as access to the UK police database is only available upon request. Making arrangements to go down the visa route and informing the US embassy, THEN wishing to go down the ESTA route is obviously a stupid mistake to make and result in being found out I imagine. Applications for visas are logged I would have thought. But not saying anything and acting normally will result in you getting in with no dramas. Obviously. This isn't the correct course of action. But given the alternative and all the stories that are on here about the alternatives, I can't see their being a problem.


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## tan (Feb 20, 2013)

I have been struggling to decide what to declare...Wasn't even sure what 'moral turpitude meant' However after looking at this http://en.wikipedia.org/wiki/Moral_turpitude I discovered i don't even need to declare anything. I plan to travel to Florida in a couple of months and shall update when i return...Woohoo!


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## iodoughty (Mar 26, 2013)

I want to go to the US with my Partner for her birthday, but i have a criminal for GHB (without intent) i also have a few minor convictions.
I have arranged an interview with embassy, but im worried im not going to be granted my visa. Can anyone help???


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## Laura_28 (Mar 26, 2013)

Okay...here's one for you. My other half was convicted in 2007 for GBH, (self defence but still got charged) he got sentanced a year but only spent 3 months in jail, got out on good behaviour. Anyway....when he was released in December 2008 he tried to see if he could enter the US. He obviously lied when filling out the visa waiver form on the plane and when he landed, he went straight through....since then me and him have been on many holidays to US just by him ticking 'No' in the criminal conviction box, yet this year his ESTA flagged up denied as we were just about to check in to a flight to NY. Needless to say we couldn't board and they said that he now needs to apply for a visa through the US Embassy.....now we think the reason his ESTA got flagged was, when he was last in the US he got caught going through a fast track toll without paying and he got a fine on his rental car, which was connected to his passport....unfortunately he forgot to pay the fine straight away and they had to chase him for payment. Not good. It's paid now...but do you think that's what caused the denial on the ESTA?

That's actually not even my question.....so fast forward a few weeks and he has now arranged an interview for a Visa at the US Embassy. He filled out the DS-160 and arranged an interview...unfortunately....he lied again. He ticked 'No' on the criminal convictions.
When he had his interview they asked him 3 times if he had any convictions and he denied, denied, denied.....then they brought up that it says in thier system he was arrested in 2007. Whoops.
They then told him that it could be a mistake and that all he needs to do is get an ACRO from the police and send it into the Embassy to show that his record is clear....which of course....it's not! He's really dug himself intoa deep dark hole here...but my question is, what should he do now? Can he just reapply again but be honest this time round? Or is it too late...as he's lied so much. Also now he has logged a request for a VISA and they are now waiting for thsi ACRO...whats going to happen if he doesn't send it in?
Really stuck here...as we have so many friends in the US and I can't bare the thought he will never be able to go out there again?


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## TruXta (Mar 26, 2013)

My guess is he'll be denied entry for a long time to come, I'm afraid.


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## Spymaster (Mar 26, 2013)

Laura_28 said:


> ...what should he do now?


 
Go somewhere else.

He's fucked unless he can come up with a good reason for bullshitting the US embassy and making false declarations.



> Really stuck here...as we have so many friends in the US and I can't bare the thought he will never be able to go out there again?


 
Ask them to move to Canada.


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## Laura_28 (Mar 26, 2013)

TruXta said:


> My guess is he'll be denied entry for a long time to come, I'm afraid.


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## TruXta (Mar 26, 2013)

Laura_28 said:


>


He should've fessed up immediately the first time you went after his sentencing. You don't get barred from entering the USA automatically even if you do have a record, it depends entirely on the sentence, what it was for etc. Seeing as he's repeatedly misled US Immigration that in itself will be a much graver infraction than simply having a conviction and confessing to it. He can try now, certainly, but I'd say the chances are very slim indeed.


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## Laura_28 (Mar 26, 2013)

This doesn't look good....what a bloody idiot.


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## TruXta (Mar 26, 2013)

FTR I've lied many times myself (I do have a very minor record from aaaaages ago), as have many others. BTW it can't have been the ticket he was given in the states that led to him being flagged, as you say yourself they had records of his arrest in 2007.


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## Spymaster (Mar 26, 2013)

Chances are if he'd told the truth they'd have issued him a visa or told him to try again in 1/2/3 years, but they take a piss-poor view of people who lie in interviews.

What's more interesting here is that the US government seems to have a "system" which accurately informed them that he'd been arrested in 2007.


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## TruXta (Mar 26, 2013)

Spymaster said:


> Chances are if he'd told the truth they'd have issued him a visa or told him to try again in 1/2/3 years, but they take a piss-poor view of people who lie in interviews.
> 
> What's more interesting here is that the US government seems to have a "system" which accurately informed them that he'd been arrested.


The US Embassy in the UK does share info with UK plod, pretty sure Joe Schmoe working the immigration desk at JFK won't have any info on you from UK plod unless you're a wanted criminal by the Interpol or similar.


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## Laura_28 (Mar 26, 2013)

Spymaster said:


> Chances are if he'd told the truth they'd have issued him a visa or told him to try again in 1/2/3 years, but they take a piss-poor view of people who lie in interviews.
> 
> What's more interesting here is that the US government seems to have a "system" which accurately informed them that he'd been arrested in 2007.


 
Yes...apparently when they scanned his passport basic criminal information came up. Just that he was arrested and the date of arrest, nothing else.


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## cormega (Apr 2, 2013)

Laura_28 said:


> Okay...here's one for you. My other half was convicted in 2007 for GBH, (self defence but still got charged) he got sentanced a year but only spent 3 months in jail, got out on good behaviour. Anyway....when he was released in December 2008 he tried to see if he could enter the US. He obviously lied when filling out the visa waiver form on the plane and when he landed, he went straight through....since then me and him have been on many holidays to US just by him ticking 'No' in the criminal conviction box, yet this year his ESTA flagged up denied as we were just about to check in to a flight to NY. Needless to say we couldn't board and they said that he now needs to apply for a visa through the US Embassy.....now we think the reason his ESTA got flagged was, when he was last in the US he got caught going through a fast track toll without paying and he got a fine on his rental car, which was connected to his passport....unfortunately he forgot to pay the fine straight away and they had to chase him for payment. Not good. It's paid now...but do you think that's what caused the denial on the ESTA?
> 
> That's actually not even my question.....so fast forward a few weeks and he has now arranged an interview for a Visa at the US Embassy. He filled out the DS-160 and arranged an interview...unfortunately....he lied again. He ticked 'No' on the criminal convictions.
> When he had his interview they asked him 3 times if he had any convictions and he denied, denied, denied.....then they brought up that it says in thier system he was arrested in 2007. Whoops.
> ...


 
Sounds like him going through the toll without paying was start of his ending. If you get in you have to make sure that you keep your nose clean. Any Embassy in the UK can and will do checks on you with regards to any visa issues.


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## davedonuts (Apr 21, 2013)

OK here's my story.. I've been going out with a lovely girl for a couple of years now and we got engaged last month. I really love this girl so much, and I get on great with her parents and family. Her parents have paid for my girlfriend and I to go to California with them on a month long fly drive holiday. Everyone is so excited about it, and talk about it constantly. It will break my girlfriends heart if I cant go, and God knows what her parents will think of me if I get refused entry. The problem is I've got a secret past that i'm not proud of, and never tell anyone, including my girlfriend. 
After completing my A'levels in 1990 I started a career as a commercial underwriter for an insurance company. After 7 years I decided I needed more out of life and decided to go traveling around the world for a year. I'd never been arrested in my life at this point.
I did the usual Thailand, Australia, New Zealand thing, and then went to Brazil for a couple of months before returning to the UK. Like most backpackers in their 20's I was partying a lot. When I got to Brazil the drinking was replaced by cocaine use. I got a real taste for it and stupidly decided to strap a kilo of it to my body to use and sell when I got home. I got caught at customs in Rio and ended up serving just over 5 years in jail in Brazil - 5 years of hell. Drugs were easily available in prison, and I used coke daily to help me through my time in this hell-hole. 
When I got back to the UK i decided to stop taking coke and rebuild my life. This wasn't easy with all the flashbacks of murders and torture etc in prison, so I ended up taking coke again.. obviously addicted. Anyway, coke makes you do strange things and i got caught in 2004 sat in a parked car, high on coke, with a pair of ladies tights over my head and a vibrator up my bum. I only got a warning the first time, but unbelievably I got caught again doing the same thing 4 months later and got put on probation. I completed my 12 months probation without a hitch, but then got caught while high on coke breaking into a ladies underwear shop with a vibrator up my bum. I got sent to prison for 2 years, but only served 1 year exactly. I have since been to rehab, been off drugs and even given up smoking for 6 years now, and have found Jesus.
I just cant tell my girlfriend and her family about my past, for obvious reasons. There is no way I can get out of this holiday and so I guess I'm just going to have to try my luck and tick "no" on the form. Have I got a good chance of getting away with it or do you think I'll definitely get refused entry?  I just don't know what to do, I feel like I cant win . None of my crimes were violent and they all happened when I was mentally unwell due to taking far too much cocaine.


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## Maurice Picarda (Apr 21, 2013)

2/10, Donuts. Show more restraint next time. You over-egg the lily.


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## jakethesnake (Apr 22, 2013)

Welcome to the boards dave donuts! I hope you stick around - i for one look forward to your contributions to the knobbin and sobbin threads.


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## editor (Apr 22, 2013)

I've been watching a few of these cheapo TV shows where they film airport customs staff interviewing people coming in.

The general rule appears to be that is that if you're polite, don't draw attention to yourself in the queue and don't carry anything suspicious with you (e.g. strange coloured pills or a US employer's letter saying, "we can't wait for you to come and work with us!"), and have enough financial means to support yourself - and a return flight booked home - you're unlikely to become a cropper.

There's still a chance of course, but they're unlikely to start calling up the UK for details about a possible criminal record unless you've caught their eye.


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## Spymaster (Apr 22, 2013)

davedonuts said:


> OK here's my story.. I've been going out with a lovely girl for a couple of years now and we got engaged last month. I really love this girl so much, and I get on great with her parents and family. Her parents have paid for my girlfriend and I to go to California with them on a month long fly drive holiday. Everyone is so excited about it, and talk about it constantly. It will break my girlfriends heart if I cant go, and God knows what her parents will think of me if I get refused entry. The problem is I've got a secret past that i'm not proud of, and never tell anyone, including my girlfriend.
> After completing my A'levels in 1990 I started a career as a commercial underwriter for an insurance company. After 7 years I decided I needed more out of life and decided to go traveling around the world for a year. I'd never been arrested in my life at this point.
> I did the usual Thailand, Australia, New Zealand thing, and then went to Brazil for a couple of months before returning to the UK. Like most backpackers in their 20's I was partying a lot. When I got to Brazil the drinking was replaced by cocaine use. I got a real taste for it and stupidly decided to strap a kilo of it to my body to use and sell when I got home. I got caught at customs in Rio and ended up serving just over 5 years in jail in Brazil - 5 years of hell. Drugs were easily available in prison, and I used coke daily to help me through my time in this hell-hole.
> When I got back to the UK i decided to stop taking coke and rebuild my life. This wasn't easy with all the flashbacks of murders and torture etc in prison, so I ended up taking coke again.. obviously addicted. Anyway, coke makes you do strange things and i got caught in 2004 sat in a parked car, high on coke, with a pair of ladies tights over my head and a vibrator up my bum. I only got a warning the first time, but unbelievably I got caught again doing the same thing 4 months later and got put on probation. I completed my 12 months probation without a hitch, but then got caught while high on coke breaking into a ladies underwear shop with a vibrator up my bum. I got sent to prison for 2 years, but only served 1 year exactly. I have since been to rehab, been off drugs and even given up smoking for 6 years now, and have found Jesus.
> I just cant tell my girlfriend and her family about my past, for obvious reasons. There is no way I can get out of this holiday and so I guess I'm just going to have to try my luck and tick "no" on the form. Have I got a good chance of getting away with it or do you think I'll definitely get refused entry? I just don't know what to do, I feel like I cant win . None of my crimes were violent and they all happened when I was mentally unwell due to taking far too much cocaine.


 
Smuggle some coke onto the flight and snort two fat ones just before you reach US customs.

It'll do wonders for your alertness, repartee, and wit, and will make the customs guys think you're so interesting that _not_ letting you in would be a travesty, and a great loss to the the people of America.


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## Bahnhof Strasse (Apr 24, 2013)

editor said:


> I've been watching a few of these cheapo TV shows where they film airport customs staff interviewing people coming in.
> 
> The general rule appears to be that is that if you're polite, don't draw attention to yourself in the queue and don't carry anything suspicious with you (e.g. strange coloured pills or a US employer's letter saying, "we can't wait for you to come and work with us!"), and have enough financial means to support yourself - and a return flight booked home - you're unlikely to become a cropper.
> 
> There's still a chance of course, but they're unlikely to start calling up the UK for details about a possible criminal record unless you've caught their eye.


 
So tights on head and a dildo up the gary may not be the best style in which to arrive in America?


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## cuzzman (May 3, 2013)

Hi- Apologies if this has already been answered... My partner recently received a caution for having a small amount of class a drug on her. The problem is we are due to go to the US later in the year and she is worried that she may now not be let in!

Whats the normal proceedure- do we have have to mention the above when sending off the forms or do we tick no and hope for the best?

Furthermore how long does the caution last on your record?


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## TruXta (May 3, 2013)

cuzzman said:


> Hi- Apologies if this has already been answered... My partner recently received a caution for having a small amount of class a drug on her. The problem is we are due to go to the US later in the year and she is worried that she may now not be let in!
> 
> Whats the normal proceedure- do we have have to mention the above when sending off the forms or do we tick no and hope for the best?
> 
> Furthermore how long does the caution last on your record?


As before, if you mention it chances are she won't get in. If you shut up, chances are no-one will be the wiser. Source: been in the same situation.


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## RogerRabbit (May 3, 2013)

Hello my good people.

I have read the entire thread and do not believe that what I have to ask has been covered properly.

Right, I love the usa and inparticularly New York, I go each year but with friends. I go with friends because my GF has a past that involves prison.

I would like nothing more than to go to USA with my GF but obviously the whole issue around visa puts us off.

She took drugs into prison for her ex, was caught and went away her self. This was almost 10 years ago now and shes turned her life around blah blah blah, all that isnt important - you dont care about her character now etc.

So what I am asking is this, is the crime of going to prison for drugs bad enough that its shared with interpol or whoever and accessable to the US government?

from what I have read we are going to tick no on all the visa waiver Q's and just go, however if this is deemed as a serious crime they may have access to the details? or is that just terrorists and murderes and big drug barons? 

so will they have that info? (we have not applied for a visa, we have not alerted the USA to her record in anyway)

also, if they do and they refuse entry - what is the punishment? will it be refusal and sent home or will it involve any jail time? I do not want her going through all that.

Cheers in advance.

Rog.


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## TruXta (May 3, 2013)

RogerRabbit said:


> Hello my good people.
> 
> I have read the entire thread and do not believe that what I have to ask has been covered properly.
> 
> ...


I THINK the sanction is deportation and a lengthy entry ban - sent home on the first flight essentially. Very much doubt if Interpol will have her on file. If you wanna play it safe apply for a visa and spill the beans. At least then there'll be no nerves.


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## RogerRabbit (May 3, 2013)

We are happy to risk the ban, as if they do have her details she aint getting in for toffee anyway so its better to try than not too as we may get our holiday, or we get turned away and nothing has changed and we lose £1k for trying.

I just read up a lot about it and I understand that they dont have our police database details and that the fingerprints they take are for checking on crimes committed in USA, But i saw that interpol share info with USA on people and also that 3000 random people a year have their details shared with the USA for immigration purposes so just wanted to check that for sentences given for drugs is not deemed bad enough to share the info with other borders.


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## RogerRabbit (May 5, 2013)

so no one can give me a definitive answer on what info is shared if its a crime relating to drugs?


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## later (May 5, 2013)

What about Communist  Party membership in European countries a few decades ago. Do they have full records for those days and do they check and still enforce that stuff?

Nothing personal, btw...


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## trashpony (May 6, 2013)

RogerRabbit said:


> so no one can give me a definitive answer on what info is shared if its a crime relating to drugs?


That question's already been answered on the thread. I don't know where you got the info that they share 3000 random crimes from but it seems pretty bloody unlikely/conspiraloon


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## RogerRabbit (May 6, 2013)

trashpony said:


> That question's already been answered on the thread. I don't know where you got the info that they share 3000 random crimes from but it seems pretty bloody unlikely/conspiraloon



On the Interpol site I think, it's all on my laptop favourites ill post when I'm online from the laptop tomorrow.

we share full records of 3000 people a year apparently at random.

also i read about the PNR which we signed up to last year which means they share info with the states which may contain criminal convictions??


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## not-bono-ever (May 6, 2013)

The PNR database in the UK is not shared with the US.It would be a foolish UK government who did allow access.

If you are seriously concerned, then maybe access the US from Canda or Mexico overland - at least that way you wont be sent back to the UK in the very very unlikely chance that you may be snagged


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## RogerRabbit (May 6, 2013)

Happy to take the risk to fly direct to New York, I've read enough to be happy that they do not hold all our details, unless moral turpitude etc

I just wanted clarification on what convictions MAY show up if deemed they are against moral turpitude etc.

She went away for taking drugs into a prison, which IMO is pretty bad, but I'm hoping unless we submit a visa with all this info on that they won't know a thing.


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## not-bono-ever (May 6, 2013)

cant give you anything more than has been suggested elsewhre on the thread Im afraid


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## RogerRabbit (May 7, 2013)

I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.

Looks like its gonna just be a risk we take.


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## Fez909 (May 7, 2013)

RogerRabbit said:


> I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.
> 
> Looks like its gonna just be a risk we take.


 
Try asking on the forums at unlock.org.uk. It's a charity which deals with issues that reformed offenders face in every day life, including travel.


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## RogerRabbit (May 7, 2013)

Thanks for the advice, I will have a look.

we are applying for her details from the police too, to see whats on file, I know they cant have details on everyone that goes through customs and after 10 years I am sure she shouldnt be flagged and she has a new UK passport with the chip and everything so they will have *some* of her details, just hoping that unless we share her convictions with them via visa application, they shouldnt have it to hand!


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## not-bono-ever (May 7, 2013)

I did post up way way long time ago here about the ACPO step down limits- basically, everything except Life in Jail has a predetermind shelf life where it wont be shown to anyone except coppers for their own reference purposes and I think the enhanced check if relevant. maybe have a look for these limits and see where you stand. Re experiences- there plenty of andecdotal accounts on this thread over the years that seem to suggest they have no ability to check inless you are on some kind of distributed interpol hit list


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## RogerRabbit (May 7, 2013)

not-bono-ever said:


> I did post up way way long time ago here about the ACPO step down limits- basically, everything except Life in Jail has a predetermind shelf life where it wont be shown to anyone except coppers for their own reference purposes and I think the enhanced check if relevant. maybe have a look for these limits and see where you stand. Re experiences- there plenty of andecdotal accounts on this thread over the years that seem to suggest they have no ability to check inless you are on some kind of distributed interpol hit list


 
Yeah I saw the step down limits, To be honest I dont actually know what her conviction is classed as so I am waiting for the report to come back, I know what she did but she isnt sure on what it was actually put down as on her record.

I cant imagine her details being given to interpol, shes now a mother of 2, no trouble for 10 years, no drugs for 10 years and got her life in order so unless we submit a visa detailing her convictions I doubt they will have them, I think I am more concerned about how they would react if we do a waiver and they DO know.

a slap on the wrist and a flight home with a life ban is fine, Jail time is not! lol


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## not-bono-ever (May 7, 2013)

you wont go to jail- just a free flight home - my bro was deported and was sent back business class....


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## RogerRabbit (May 7, 2013)

Worth doing it to sample the business class then... lol

Cheers for all the help, Looking to go in Aug or Sept so i will update on what happens either after our holiday, after our time in bum fuck jail or after we are flown home!! lol


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## RogerRabbit (May 8, 2013)

https://www.gov.uk/government/publi...ormation-held-on-the-police-national-computer

was just pointed to this.

So we shared data from the PNC?


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## not-bono-ever (May 8, 2013)

the US do not have open access to the PNC - they can however request info if they want to delve a bit deeper - this is the bit you referenced above.


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## RogerRabbit (May 9, 2013)

Just wanted to share this that I found on another forum too




> *For the last and final time,*
> 
> *1. Those members that have claimed they know someone that was sent back from the states, have either said this to scare those of you who are naive or have been misinformed, you don't get sent back from the states straight away for entering on an esta if you have had a criminal record and have lied, committing visa fraud (when entering on an esta, and deliberately lying, this is visa Freud), you face prison time, and are detained. So the fact that all posts by people claiming to have known someone be 'just' removed from the states on the next flight back because they lied on a visa esta, I know through job experience, they are lying. They would only ever just send you on a plane back if they believe you to not be there for other reasons to that, that you claim, for example, you claim to be there for tourism, but you have no money, no luggage, no return flight and our story does not add up.*
> 
> ...


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## RogerRabbit (May 9, 2013)

we are going to fly from Dublin, we will be in Ireland anyway visiting the in laws, so we will leave the kids with the grandparents and try and fly from Dublin using the preclearance checks. That way if refused we havent flown 7 hours and stuck in the USA, we are only in Ireland!
If successful we fly back to Dublin and pick up the kids and spend a few days in Ireland too.


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## cyprusclean (May 12, 2013)

I knew a guy going in to the US from Germany, who was hauled into immigration for an altercation he'd had with his neighbours. He was allowed in.

But the German police had seen fit to report  the incident onto some kind of data base, and it had shown up in the US. He was Iranian (German passport), so don't know if he was racially profiled.

 I'd need nerves of steel to go though the  border control processing if I had a criminal record, however minor. As I travel there quite a lot.

Anyone know the rules for Canada?


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## Derek Brown (May 13, 2013)

Hi

I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
Does the landing cards of these country have questions regarding criminal convictions.

I am planning on emigrating permanently to one of the countries. I did do the ESTA and had it approved though i anwsered no to the criminal question.

Thanks


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## pogofish (May 13, 2013)

Derek Brown said:


> Hi
> 
> I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
> Does the landing cards of these country have questions regarding criminal convictions.
> ...


 
Have you tried reading the thread?


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## RogerRabbit (May 15, 2013)

Derek Brown said:


> Hi
> 
> I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
> Does the landing cards of these country have questions regarding criminal convictions.
> ...


 

Read the long bold post I posted about 3 up from yours.


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## Hollis (May 15, 2013)

What's interesting on these threads is pretty much nobody reports back to say what happened.. presumably they're all languishing in some upstate correctional facility..


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## soundstrue (May 15, 2013)

Yes, I have noticed the same thing. Maybe having successfully been people don't want to draw any attention to themselves unnecessarily. Shame though because the sharing of actual practical experience would help provide considerable reassurance.


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## TruXta (May 15, 2013)

Hollis said:


> What's interesting on these threads is pretty much nobody reports back to say what happened.. presumably they're all languishing in some upstate correctional facility..


I lied on my ESTA, nothing happened. Twice I did that.


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## Bahnhof Strasse (May 15, 2013)

Derek Brown said:


> Hi
> 
> I do have a caution in 2011 and also a community sentence (Fine,Unpaid work,18mth probation supervision) in June 2012 for common assault. Please can I travel to the USA ,Canada or Australia?
> Does the landing cards of these country have questions regarding criminal convictions.
> ...


 
You'd be lucky to get in to the Isle of Dogs with a record like, mate.


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## soundstrue (May 16, 2013)

TruXta said:


> I lied on my ESTA, nothing happened. Twice I did that.


Do you have a serious conviction? (If I may ask...!)


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## TruXta (May 16, 2013)

No. Nothing in the UK, a few misdemeanours from elsewhere.


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## trashpony (May 16, 2013)

soundstrue said:


> Do you have a serious conviction? (If I may ask...!)



Unless you've been done for murder, I wouldn't worry about it. I've got a conviction in the UK (as stated elsewhere on this thread) - and lived in the US for a while. I wouldn't qualify for a green card with it so I've never worried about lying on the ETSA


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## DONFORE (May 25, 2013)

RogerRabbit said:


> I was just hoping someone with the same conviction was available to put my mind at rest, I think there is so much conflicting information on the web about this that its hard to believe all you read, especially as you dont get many people that dont get through customs post and give their side of the story.
> 
> Looks like its gonna just be a risk we take.


 

Take it from someone who made the mistake of telling the USA about a minor offence do not do it.
Unless you are on a terrorist watch list or plan to emigrate to the USA, TELL THEM NOTHING the procedure for them to find out is very complicated and long and why would they try it is not a open system.
This cost me a lot of time and extra money to travel to the USA unfortunately i like the place, but i have told loads of people not to say anything and they can travel to the USA freely unlike ME.
They will not find out unless you tell them DO NOT DO IT.
I if i had my time over again would say nothing.


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## Bahnhof Strasse (May 25, 2013)

DONFORE said:


> Take it from someone who made the mistake of telling the USA about a minor offence do not do it.
> 
> I if i had my time over again would say nothing.


 
But you'd still do the minor offence and get busted for it?


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## DONFORE (May 25, 2013)

Bahnhof Strasse said:


> But you'd still do the minor offence and get busted for it?


 
Strange thing now is, for me if i had lied not not told the USA about my one and only crime because I no longer have a record for my minor offence it was more than 25years ago my record is clean.
I could have emigrated and they would still have been none the wiser.
I only have a record in a county I have done no wrong in. As for my Offence I have no guilt what so ever for my £60 fine given to me at magistrates court all those years ago, my only major regret is telling USA about it. Truth justice and the American way don't exist for me.


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## MTFAustin (May 29, 2013)

Hi Guys,

I have read through every post and thread here including the bold statement. Back in 2008 i stupidly and regrettably committed a domestic assault and received a small fine for my idiocy. I understand this doesn't come under the moral turpitude banner - murder, terrorism, drug trafficking...would an ESTA be my way forward as me and my fiance (she has a minor traffic offence which resulted a ticket/points on licence) plan to get married and honeymoon in Florida in 2016 for 2 weeks. 

Only other issue we have is that we plan eventually to move there and she wishes to work there with the company she is now.

Any help is appreciated


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## Fez909 (May 29, 2013)

MTFAustin said:


> Hi Guys,
> 
> I have read through every post and thread here including the bold statement. Back in 2008 i stupidly and regrettably committed a domestic assault and received a small fine for my idiocy. I understand this doesn't come under the moral turpitude banner - murder, terrorism, drug trafficking...would an ESTA be my way forward as me and my fiance (she has a minor traffic offence which resulted a ticket/points on licence) plan to get married and honeymoon in Florida in 2016 for 2 weeks.
> 
> ...


 
If you've read the thread you already know the answer to this question. However, I'll give you the benefit of the doubt.

You conviction does not come under moral turpitude, as you say. So you should be able to get into USA. However, there's no guarantee. But you're going to have to take the risk and declare it, and apply for a visa, otherwise, when you come to apply in a few years time to move there, you'll need to go through the proper visa process, which includes getting a cert signed from the police to say you've never been convicted of anything. If you lie on your ESTA, this discrepancy will show up and you'll have your visa rejected.

So now you have to find out whether spent convictions are shown on this cert you need for the visa process (I believe they ask for whichever disclosure system shows spent convictions, but I'm not 100% on that), and then calculate whether your conviction will be spent by the time you need to apply. If all of that goes in your favour, then you could lie and have an easy time. If any of that is not in your favour, then it's truth time and fingers crossed.


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## MTFAustin (May 29, 2013)

Fez909 said:


> If you've read the thread you already know the answer to this question. However, I'll give you the benefit of the doubt.
> 
> You conviction does not come under moral turpitude, as you say. So you should be able to get into USA. However, there's no guarantee. But you're going to have to take the risk and declare it, and apply for a visa, otherwise, when you come to apply in a few years time to move there, you'll need to go through the proper visa process, which includes getting a cert signed from the police to say you've never been convicted of anything. If you lie on your ESTA, this discrepancy will show up and you'll have your visa rejected.
> 
> So now you have to find out whether spent convictions are shown on this cert you need for the visa process (I believe they ask for whichever disclosure system shows spent convictions, but I'm not 100% on that), and then calculate whether your conviction will be spent by the time you need to apply. If all of that goes in your favour, then you could lie and have an easy time. If any of that is not in your favour, then it's truth time and fingers crossed.


 

Thanks for the reply.

What do you mean by spent convictions and calculating if there spent by time of application?


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## Fez909 (May 29, 2013)

MTFAustin said:


> Thanks for the reply.
> 
> What do you mean by spent convictions and calculating if there spent by time of application?


After so many years you no longer have to declare convictions in the UK.

I assumed you were British but looking back through your post there's some clues that you might not be?


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## MTFAustin (May 29, 2013)

Fez909 said:


> After so many years you no longer have to declare convictions in the UK.
> 
> I assumed you were British but looking back through your post there's some clues that you might not be?


 

Thats right, i am from Scotland but unsure on spent convictions and timescales or even where to start looking. I do know i have to apply for a ACRO Police Certificate if i go down the visa route.


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## Fez909 (May 29, 2013)

MTFAustin said:


> Thats right, i am from Scotland but unsure on spent convictions and timescales or even where to start looking. I do know i have to apply for a ACRO Police Certificate if i go down the visa route.


 
Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.

Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.


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## MTFAustin (May 29, 2013)

Fez909 said:


> Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.
> 
> Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.


 

My fear is not getting my visa and therefore being declined and declined and declined. I just hope the Embassy is on my side as it doesn't come under moral turpitude, surely this would be in my favour?


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## Fez909 (May 29, 2013)

MTFAustin said:


> My fear is not getting my visa and therefore being declined and declined and declined. I just hope the Embassy is on my side as it doesn't come under moral turpitude, surely this would be in my favour?


 
No idea on that, sorry.

Good luck


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## MTFAustin (May 29, 2013)

Fez909 said:


> No idea on that, sorry.
> 
> Good luck


 

Thanks for your help. If it wasn't for the fact we could move there in the future i would probably go down the ESTA route but think in all honesty i should be honest and do the visa..it could turn out for the best.

Is it true that if its declined then your declined from the USA for good?


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## uk benzo (May 30, 2013)

Fez909 said:


> Well, the ACRO cert apparently shows all convictions, whether spent or not, so no need to worry about whether they'd be unspent.
> 
> Basically if you ever want to live in the US you need a visa, and for that you need the cert, so you can't lie on your ESTA without being found out in the future.


 

ACRO cert is like a basic CRB, only brings up unspent convictions if I am not mistaken.


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## uk benzo (May 30, 2013)

MTFAustin said:


> Thanks for your help. If it wasn't for the fact we could move there in the future i would probably go down the ESTA route but think in all honesty i should be honest and do the visa..it could turn out for the best.
> 
> Is it true that if its declined then your declined from the USA for good?


 

Go the ESTA route, because the border control in the US will not check. Unless you have been flagged before boarding the flight which is unlikely as you do not sound like an unsavoury character, innit.

If you go to the embassy and declare all this stuff, you will end up probably having to delay your trip, pay bucks and most importantly, they'll have you on their computer so in the future when your conviction become spent, you will still probably get flagged at the US border, despite having gone the ESTA route.


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## MTFAustin (May 30, 2013)

Does anyone know how far in advance i could go apply for my visa? We aint travelling till 2016 but kinda want it out the way and not left hanging around doing all the stuff in the year before(2015). Like could i do it this year and if accepted still be ok for 2016?


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## Fez909 (May 30, 2013)

uk benzo said:


> ACRO cert is like a basic CRB, only brings up unspent convictions if I am not mistaken.


 
This isn't true. It's subject to the step-down model, which might mean anything from 5 years after your conviction becomes spent to never becoming subject to step down (ie always disclosed).

Here's the breakdown (pdf)of when each offence steps down.


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## mrbluesky (Jun 17, 2013)

Hi all....I really need some advice. Me and my partner are keen to travel to New York this xmas. However in 2005 my partner was arrested (not convicted) for possession of a fire arm (he was innocent!). Im very worried about booking the holiday then applying for a visa and it comes back he cant go. Does anybody have any advice ? Do you think he will be granted a visa? thanks guys a very sressed lady :-?


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## editor (Jun 17, 2013)

mrbluesky said:


> Hi all....I really need some advice. Me and my partner are keen to travel to New York this xmas. However in 2005 my partner was arrested (not convicted) for possession of a fire arm (he was innocent!). Im very worried about booking the holiday then applying for a visa and it comes back he cant go. Does anybody have any advice ? Do you think he will be granted a visa? thanks guys a very sressed lady :-?


 
If he wasn't convicted and has no record then there should be no problem.


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## mrbluesky (Jun 17, 2013)

Thanks...does he need to declare anything on the ESTA form ?even though he wasnt convicted ? Im just really worried as Ive read horror stories.


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## TruXta (Jun 17, 2013)

Don't declare anything but his pristine innocence.


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## mrbluesky (Jun 17, 2013)

Hey thanks !! He is inncoent - just on the ESTA form it asks if you have been convicted or arrested (well he was arrested) plus its a firearm doe that count as 'moral turpitude'? do I risk ticking No ?


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## trashpony (Jun 18, 2013)

Have you even read the thread? (although I know it's painfully long but that's because people ask the same question over and over again). If you say yes, he's been convicted, he will not be granted an ESTA. If you say no, he will. The US border agency has no access to the UK police computer system.


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## Frumious B. (Jun 18, 2013)

There seem to be a fair few liars on this thread. But if people are genuinely concerned it's easy to establish through official sources that the US does not have access to the PNC.  So for that reason I find Roger Rabbit's post credible http://www.urban75.net/forums/threa...a-criminal-record.88652/page-10#post-12217781

My own experience is that I lied on the tourist visa application form. (I wanted a tourist visa because I intended to be in the US for a year - I think the ESTA only allows a 90 day stay?) I lied about a caution, which to the Americans is equivalent to a conviction because it means you have admitted to a crime. Even after the caution is deemed spent in the UK and taken off your police file, the Americans still want to know about it...it's still a criminal conviction in their eyes, and it's never ever spent. Anyway, I got the visa, no problem.

Another black mark I have is an unpaid $50k bill from a California hospital. There have been zero repercussions - American immigration doesn't even ask about that sort of thing, so there's no need to lie. I was told by a solicitor friend to expect trouble because California signed some sort of treaty allowing them to pursue civil debts through the UK courts. But all I got was a letter from the hospital asking for the money (they got my address by photocopying my driving licence while I was unconscious). Then months later a letter from a US debt collector asking me for $5k. No explanation of why they were asking for so little. I ignored it, heard nothing since.


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## JD1 (Jul 17, 2013)

I applied for my ESTA a few months ago and was granted. About a month ago when I was in Germany I had too much to drink and ended up getting on a train without a ticket without thinking, as in the UK it is possible to purchase tickets on board. I was caught and taken off to speak to police officers, and was given a sheet saying suspected of what translates of 'Fraudulent acquisition of services', but the police officer said normally nothing would happen as I did not have the intention of not paying. 

Will this show up as an arrest? And if it does, will it qualify under the petty offence exemption, meaning I can still travel with an ESTA? I looked up the offence and the maximum penalty is a year.

Would appreciate any advice/experiences people have had as my trip to the states is soon and I do not have time to apply for a visa.


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## Reno (Jul 17, 2013)

JD1 said:


> I applied for my ESTA a few months ago and was granted. About a month ago when I was in Germany I had too much to drink and ended up getting on a train without a ticket without thinking, as in the UK it is possible to purchase tickets on board. I was caught and taken off to speak to police officers, and was given a sheet saying suspected of what translates of 'Fraudulent acquisition of services', but the police officer said normally nothing would happen as I did not have the intention of not paying.
> 
> Will this show up as an arrest? And if it does, will it qualify under the petty offence exemption, meaning I can still travel with an ESTA? I looked up the offence and the maximum penalty is a year.
> 
> Would appreciate any advice/experiences people have had as my trip to the states is soon and I do not have time to apply for a visa.


 
I'm sure it won't show up and that you will be fine. This type of thing is more of a slap on the wrist than a conviction.


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## Darkman01 (Aug 6, 2013)

I have just been denied a Visa today for entry to the united states for a week later this month. I have a conviction 4 years ago for benefit fraud (please dont judge me I was under immense financial stress at the time I commited it). I received a fine, nothing else (no community service etc), yet it was this that meant they would not allow me to travel.

Although my journey was a holiday to meet up with people I know in the entertainment industry I wanted to use the time to negotiate work later this year (for collaboration work I want to do in the UK with americans), I did not feel it was necessary to mention it as it was not a business trip as such.

I am however very disappointed that I was denied a visa, I have never broken the law previously or since my conviction and I feel it has been harsh. Are there other means by which I can travel to the US? Such as to get an american citizen in the entertainment industry to act as 'guarantor' (if indeed that is the right term) and to promise that I am travelling as courier for items (in this case DVD and CD) of a project for the entertainment industry?

I really feel I have been dealt a hard blow as I am not a danger to anyone and only have the one blemish on my character, to which I deeply regret and despite paying back all money in advance of my trial 4 years ago it has come back to haunt me.

Can anyone suggest another way or give advice?

Thanks


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## Frumious B. (Aug 6, 2013)

How did they find out? Did you tell them?

Can't answer your question, I doubt anyone here can. This is one for an immigration lawyer.


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## Fez909 (Aug 6, 2013)

Darkman01 said:


> I have just been denied a Visa today for entry to the united states for a week later this month. I have a conviction 4 years ago for benefit fraud (please dont judge me I was under immense financial stress at the time I commited it). I received a fine, nothing else (no community service etc), yet it was this that meant they would not allow me to travel.
> 
> Although my journey was a holiday to meet up with people I know in the entertainment industry I wanted to use the time to negotiate work later this year (for collaboration work I want to do in the UK with americans), I did not feel it was necessary to mention it as it was not a business trip as such.
> 
> ...


 
Why didn't you just go down the Visa Waiver Programme (ESTA)? Presumably you had to provide a criminal record cert when you applied for your visa?

I think you might be out of luck.


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## Darkman01 (Aug 6, 2013)

Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.


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## Fez909 (Aug 6, 2013)

Darkman01 said:


> Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.


 
Your crime involved moral turpitude (dishonesty). It doesn't matter that you're not a threat; you're no longer trustworthy. Why should the US believe anything you tell them?

This is not my opinion, btw. I'm just stating the above to show you how they think/work.

Unfortunately, lying was your best option here, but now it is too late. I think you can re-apply 10 years after being denied a visa. The same outcome is likely in 2023, though.

Sorry that this isn't what you want to hear


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## Darkman01 (Aug 6, 2013)

That is so harsh, are there other visas that I might qualify for entry (see my original message above)?


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## TruXta (Aug 6, 2013)

Talk to a lawyer for God's sake. We're not it.


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## Mike n (Sep 9, 2013)

Right guys a little help if you can.....I have an assault charge which seen me imprisoned for two years? Anyone know if they will accept me in for a holiday?


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## Hollis (Sep 9, 2013)

Not if you declare!


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## Mike n (Sep 11, 2013)

Hollis said:


> Not if you declare!


Do you know this from experience from someone you know ??


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## bi0boy (Sep 11, 2013)

Darkman01 said:


> Yes, I declared it as I thought it would be better than lying on my esta. I didnt really expect to be denied a visa as I dont pose a threat to anyone and I have travelled to the united states on 4 previous occasions prior to my conviction.



If you want another chance to lie to them and hopefully get away with it, I'd suggest changing your name by deed poll, obtaining a new passport, and then leaving the "have you been known by any other names" bit blank on the visa application.


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## Hollis (Sep 11, 2013)

If you read the thread that's the basic summary. 

If you want more info look here.. http://www.unlock.org.uk/userfiles/file/IAG/travel/TravellingtotheUS.pdf


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## angela2202 (Sep 18, 2013)

Hi there so I'm guessing i know what you guys are going to say but I have a few things on my police check including driving with no insurance, driving without due care and attention and permitting no insurance all of which I got fines and points they range from 5 to 7 years ago.
 I don't know if I should apply for a visa I know none of these are moral turpitude so wouldn't be lying on the visa waiver if I ticked no but I'm worried the offences will come up at immigration, I'm heading to Disney with the kids and really dont want to break their hearts if there are problems. We are travelling through Dublin so will they be more likely to find out my offences? Any advice greatly received!


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## TruXta (Sep 18, 2013)

Don't say a word, loudly proclaim your innocence.


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## Pickman's model (Sep 18, 2013)

TruXta said:


> Don't say a word, loudly proclaim your innocence.


loudly proclaim your innocence without saying a word


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## TruXta (Sep 18, 2013)

Pickman's model said:


> loudly proclaim your innocence without saying a word


Moaning and groanin innit.


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## cassidy (Sep 27, 2013)

Hi

My boyfriend & I have booked New York for new year. My boyfriend has a criminal record for gbh and one was recently. He applied for his esta and that was accepted as he ticked no for having been arrested for moral turpitude. BUT we then found out that if you had a criminal record the esta doesn't count. So he applied for a visa and had an interview in the us embassy today in London and his visa was declined as he did not prove he had enough ties in the uk. Will this automatically flag up on the US computer systems at the airport if we do go? And will he be sent back home? I know we should have just gone with the esta approval but it's too late for that now. I just need to know if we have brought more attention to ourselves by applying for a visa and getting declined. Any help would be amazing


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## TruXta (Sep 27, 2013)

He can forget about getting entry for the foreseeable future.


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## TruXta (Sep 27, 2013)

In fact, he mightn't even be allowed on the flight.


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## cassidy (Sep 27, 2013)

Ps they didn't stamp his passport to say he has been refused entry? Although they may have logged it in the chip part of the passport? Any ideas??


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## TruXta (Sep 27, 2013)

cassidy said:


> Ps they didn't stamp his passport to say he has been refused entry? Although they may have logged it in the chip part of the passport? Any ideas??


He'll definitely be in the US Customs database as "denied visa" or whatever their term is, and WILL NOT gain entry. He shouldn't have done the visa application, they more than likely would have let him in on the ESTA. C'est la vie.


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## cassidy (Sep 27, 2013)

Oh no way  It does say he can re apply but I think it's just a money making scam and the chances are slim that they will change their mind although he has many ties in the uk! So annoying


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## TruXta (Sep 27, 2013)

He can reapply, but as you say it's very unlikely they will change their minds.


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## not-bono-ever (Sep 28, 2013)

hes in the system now and best not try to sneak in - if hes serious, then maybe bring in a lawyer to beef up his case and reapply. S'not going to be cheap tho'


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## not-bono-ever (Sep 28, 2013)

.


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## Frumious B. (Sep 28, 2013)

cassidy said:


> Oh no way  It does say he can re apply but I think it's just a money making scam and the chances are slim that they will change their mind although he has many ties in the uk! So annoying



 http://lmgtfy.com/?q=us+visa+denial

Maybe the reapplication process isn't a scam, maybe it's provided for idiots who don't do their homework and mess up their first application. Now that he's been denied a visa he cannot get in with an ESTA ever. Don't even think about trying to get on the plane. If the denial letter says he may "apply for a waiver of ineligibility" and he was denied because of reasons 214(b) or 221(g) and he really does have many ties to the UK he can reapply successfully as soon as he can get his shit together. Try phoning the consular office on Monday morning and ask how long it takes.


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## twentythreedom (Sep 28, 2013)

Fucking USA  Cunts.


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## Fez909 (Sep 28, 2013)

twentythreedom said:


> Fucking USA  Cunts.



Have you been denied, or are you just outraged at the ruining of someone's holiday etc, above?


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## twentythreedom (Sep 28, 2013)

Fez909 said:


> Have you been denied, or are you just outraged at the ruining of someone's holiday etc, above?


No I've been on their soil years ago, little desire to go back tbh. If I did I would lie my arse off to get a visa, cos growing weed is moral turpitude I think.

They're cunts regardless of that anyway. Just in a bad mood tbh, felt like venting and calling some random targets cunts. So here I am


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## Onket (Sep 30, 2013)

I lived there for a bit when I was young. Would like to go back at some point but I will have to lie.


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## Ghall01 (Oct 2, 2013)

Hello!! I really need some advice please!! 
My partner was arrested for a very minor drugs crime around 3 years ago. He had been to America before the arrest with no problems. I went straight for the b2 holiday visa (silly me) he went to London in February 2013 and got declined. We only want to go to Vegas or New York for 5 nights over Christmas! Is there anything he can do ? Is it worth applying for an esta! Really need some logical advice! Thanks in advance!


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## TruXta (Oct 2, 2013)

He's fucked.


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## Fez909 (Oct 2, 2013)

Ghall01 said:


> Hello!! I really need some advice please!!
> My partner was arrested for a very minor drugs crime around 3 years ago. He had been to America before the arrest with no problems. I went straight for the b2 holiday visa (silly me) he went to London in February 2013 and got declined. We only want to go to Vegas or New York for 5 nights over Christmas! Is there anything he can do ? Is it worth applying for an esta! Really need some logical advice! Thanks in advance!



As per the rest of the advice on this thread - no, you're almost certainly screwed.

Go somewhere else on holiday.


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## Ghall01 (Oct 2, 2013)

Will he ever be allowed to go? Will the esta get declined? And do they most definitely turn you away? Even for a few day trip? Thanks


Fez909 said:


> As per the rest of the advice on this thread - no, you're almost certainly screwed.
> 
> Go somewhere else on holiday.


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## Fez909 (Oct 2, 2013)

Ghall01 said:


> Will he ever be allowed to go? Will the esta get declined? And do they most definitely turn you away? Even for a few day trip? Thanks



Almost certainly. And I would guess he won't be able to go ever, but I'm not an expert. I wouldn't risk it if it was me. It's a long way to go to get turned back - and a lot of money wasted.


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## Ghall01 (Oct 2, 2013)

Thanks for your reply! They said try again in a few years? Is it worth just doing the esta again in a few years instead? Really wish I hadn't gone through the embassy now :-( 



Fez909 said:


> Almost certainly. And I would guess he won't be able to go ever, but I'm not an expert. I wouldn't risk it if it was me. It's a long way to go to get turned back - and a lot of money wasted.


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## Fez909 (Oct 2, 2013)

Ghall01 said:


> Thanks for your reply! They said try again in a few years? Is it worth just doing the esta again in a few years instead? Really wish I hadn't gone through the embassy now :-(



I can't imagine the ESTA would be valid, so you run the risk of being turned away at the border. Of course none of us know how joined up their system is, so there's a chance you might be OK, but that's a big risk. Up to you if you can afford the loss/disappointment.


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## Pickman's model (Oct 2, 2013)

Fez909 said:


> I can't imagine the ESTA would be valid, so you run the risk of being turned away at the border. Of course none of us know how joined up their system is, so there's a chance you might be OK, but that's a big risk. Up to you if you can afford the loss/disappointment.


what would be even worse would be being forced through their borders and locked up for an immigration crime


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## Fez909 (Oct 2, 2013)

Pickman's model said:


> what would be even worse would be being forced through their borders and locked up for an immigration crime



It would, but I'd _guess_ they'd just send you straight back. You're right in that it's not worth the risk either way!


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## trashpony (Oct 2, 2013)

Pickman's model said:


> what would be even worse would be being forced through their borders and locked up for an immigration crime


Not very likely - they don't want any more people cluttering up their jails. They're full enough as it is


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## Pickman's model (Oct 2, 2013)

trashpony said:


> Not very likely - they don't want any more people cluttering up their jails. They're full enough as it is


room for one more on the chain gang


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## Ghall01 (Oct 2, 2013)

Thanks! Absolutely gutted!


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## peterkro (Oct 2, 2013)

*whistles* Niagara on the Lake.


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## 1%er (Oct 2, 2013)

Fez909 said:


> I can't imagine the ESTA would be valid, so you run the risk of being turned away at the border. Of course none of us know how joined up their system is, so there's a chance you might be OK, but that's a big risk. Up to you if you can afford the loss/disappointment.


The ESTA only gives authorization to travel and not authorization to enter. You can receive a reply with-in 5 minutes of paying on line (last time I used it, it took 14 minutes).

The ESTA system makes very few checks as far as I understand. Iirc, it checks booking details and the passport number against a list of people who have been refused an entry visa, deported, arrested/convicted etc. but only on American system.

The USA (at this level) does not have access to the UK police computer. If you are asked at immigration if you have ever been arrested or convicted and you reply no, that's it, they have no way of checking at that point (that doesn't mean they don't know about a conviction via another means).


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## Fez909 (Oct 2, 2013)

1%er said:


> The ESTA only gives authorization to travel and not authorization to enter. You can receive a reply with-in 5 minutes of paying on line (last time I used it, it took 14 minutes).
> 
> The ESTA system makes very few checks as far as I understand. Iirc, it checks booking details and the passport number against a list of people who have been refused an entry visa, deported, arrested/convicted etc. but only on American system.
> 
> The USA (at this level) does not have access to the UK police computer. If you are asked at immigration if you have ever been arrested or convicted and you reply no, that's it, they have no way of checking at that point (that doesn't mean they don't know about your conviction via another means).



But this poster has been denied a visa so that's almost certainly going to be on the computers at their end, I would have thought. That's what I meant by how joined up their system is.


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## 1%er (Oct 2, 2013)

Fez909 said:


> But this poster has been denied a visa so that's almost certainly going to be on the computers at their end, I would have thought. That's what I meant by how joined up their system is.


Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.

Edit to add, it is more likely that you will be refused boarding as I believe the carrier would be advised of the situation re the passengers visa, they may and do miss it as I know to my cost (well my cost was in time the airlines cost was $350).


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## Ghall01 (Oct 2, 2013)

1%er said:


> Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.


So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?


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## Fez909 (Oct 2, 2013)

1%er said:


> Yes, once they arrive in the USA their ESTA details and passport number (as well as a finger print) will be taken, at that point the passenger will be refused entry and sent back on the first available flight.



We need to write this info up because there's a general understanding of what happens, but it's spread out among many posts and posters, and each new person who finds this thread doesn't read it all (understandable with its length) and we end up repeating everything.


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## Fez909 (Oct 2, 2013)

Ghall01 said:


> So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?



The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.


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## Ghall01 (Oct 2, 2013)

Fez909 said:


> The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.


I have been told that you can still apply for an esta even if you have been declined a visa?


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## 1%er (Oct 2, 2013)

Ghall01 said:


> So the esta will then be refused when I arrive? So I'm literally stuck? Does anybody know if it's best to apply for a an esta in a few years or the visa again?


The ESTA is only authorization to travel and not authorization to enter. You should always apply for a visa now before travel if you have been refused in the past.


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## Ghall01 (Oct 2, 2013)

1%er said:


> The ESTA is only authorization to travel and not authorization to enter. You should always apply for a visa now before travel if you have been refused in the past.


Do they likely let you in if you leave it a while?


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## 1%er (Oct 2, 2013)

Fez909 said:


> The ESTA is the visa waiver program, for people who don't need a visa. You definitely do now you're on the system, so there's no avoiding it. You're at the mercy of the US immigration's whims.


I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.


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## 1%er (Oct 2, 2013)

Ghall01 said:


> Do they likely let you in if you leave it a while?


Sorry but I can't remember, have you been refused a visa and if so why?


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## Fez909 (Oct 2, 2013)

1%er said:


> I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.



It's not picky. If I'm saying factually incorrect stuff - especially on an important thread like this - then I am happy to be corrected!


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## 1%er (Oct 2, 2013)

Fez909 said:


> It's not picky. If I'm saying factually incorrect stuff - especially on an important thread like this - then I am happy to be corrected!


I travel to the USA often (bloody kids want to go shopping ) and the system changes every time. Since the TSA have been the front line at most airports travel has become much harder.


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## 1%er (Oct 2, 2013)

Ghall01 said:


> Do they likely let you in if you leave it a while?


It depends on the circumstances, if you are caught in the USA as an over stayer or working illegally I think it is ten years until you can reapply once you have been deported, for other things is can be less.


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## Ghall01 (Oct 2, 2013)

1%er said:


> Sorry but I can't remember, have you been refused a visa and if so why?


Yes my partner was refused a visa due to a drug crime- it was very very minor nothing serious at all


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## Ghall01 (Oct 2, 2013)

1%er said:


> It depends on the circumstances, if you are caught in the USA as an over stayer or working illegally I think it is ten years until you can reapply once you have been deported, for other things is can be less.


It is just due to an arrest a few years back now? Which has been denied entry at the embassy :-(


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## 1%er (Oct 2, 2013)

Ghall01 said:


> It is just due to an arrest a few years back now? Which has been denied entry at the embassy :-(


If it was for an arrest and not a subsequent conviction I think I would apply in 2 or 3 years. If its really important for them to travel you could always write and ask them to look at it again, or ask your MP to write a letter of support.


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## Ghall01 (Oct 2, 2013)

1%er said:


> If it was for an arrest and not a subsequent conviction I think I would apply in 2 or 3 years. If its really important for them to travel you could always write and ask them to look at it again, or ask your MP to write a letter of support.



Thank you! I'm hoping we will get in at some point in our lives!! :-(


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## 1%er (Oct 2, 2013)

Ghall01 said:


> Thank you! I'm hoping we will get in at some point in our lives!! :-(


Its not that great


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## Michou (Oct 3, 2013)

Hi all
I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.


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## pseudonarcissus (Oct 3, 2013)

Ghall01 said:


> Thank you! I'm hoping we will get in at some point in our lives!! :-(


go to Toronto for a holiday and cross a land border.....it's a risk...but the consequences are much less if you just need to turn the rental car around and go to see the other side of the Niagra Falls. It always amazed me crossing in a car in Tijuana, how easy it was; the border agents saw it was a British passport in my hand and waved me through.
As stated above, a visa refusal means you are unlikely to get the ESTA, and without that you won't get on the flight. Even with a visa, entry is at the discretion of the border agent. Any anomaly and you are probably going to get "secondary processing" at the airport which can be stressful and time consuming. I once had a problem when I had a green card and had a grilling for 2 hours at 5:30 in the morning.


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## TruXta (Oct 3, 2013)

Michou said:


> Hi all
> I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.


You're much better off speaking to a specialist lawyer than us.


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## Michou (Oct 4, 2013)

TruXta said:


> You're much better off speaking to a specialist lawyer than us.


Where can I find a specialists lawer?


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## TruXta (Oct 4, 2013)

Michou said:


> Where can I find a specialists lawer?


Google US immigration lawyer in London or similar?


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## 1%er (Oct 4, 2013)

Michou said:


> Hi all
> I hold a Cameroonian passport and I live in the Uk under a spouse visa since November 2012. I have been living in the uk for 9 years now and I was a student when I had a criminal record (shoplifting) in 2005. I haven't been charged or locked up. I want to go to Maryland to visit a good friend of mine in January 2014. I know I defo need a visa but what are the chances I'm likely to be refuse the visa? If this help I'm married to a British born and we have 2 kids. I'm looking to go for 2 weeks. How much are they expecting me to have in my bank statement? And lastly, is it best to wait till I have my British passport or to ask with my current status? Thank you in advance.


I'm not sure why you would need a lawyer at this stage 

You have very recently been granted a spouse visa, so your "arrest" wasn't a problem then I guess (I say arrest as you said you haven't been charged or been locked up). If you expect your UK passport to arrive in good time I would advise you travel on that (you will not need to provide any bank statements) you can travel on just an ESTA and be granted a visa on arrival.


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## Manter (Oct 4, 2013)

This thread is bizarre. 

Newbie pops up and asks if they can go to the US with a criminal record, before justifying why the crime wasn't serious/was a long time ago/only happened once/was all a big misunderstanding. When the basics of the US visa system are explained to them, they argue. 

And repeat.


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## Onket (Oct 4, 2013)

Manter said:


> This thread is bizarre.
> 
> Newbie pops up and asks if they can go to the US with a criminal record, before justifying why the crime wasn't serious/was a long time ago/only happened once/was all a big misunderstanding. When the basics of the US visa system are explained to them, they argue.
> 
> And repeat.


 
it's a wonderful thread.

It must be the top google answer or something.


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## Michou (Oct 5, 2013)

1%er said:


> I don't want to be picky but that isn't correct. the ESTA is authorization to travel for people who are able to receive a visa on arrival. Everyone without a US passport needs a visa, the difference is visa waiver countries passengers can be granted a visa an arrival all others need to pre-arrange their visa with the US consulate.


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## Michou (Oct 5, 2013)

1%er said:


> I'm not sure why you would need a lawyer at this stage
> 
> You have very recently been granted a spouse visa, so your "arrest" wasn't a problem then I guess (I say arrest as you said you haven't been charged or been locked up). If you expect your UK passport to arrive in good time I would advise you travel on that (you will not need to provide any bank statements) you can travel on just an ESTA and be granted a visa on arrival.


Hi. I still have two years before I can apply for my British passport. What I was trying to ask is if I am most likely to be refused the USA visa then I might as well leave it till I get my passport even tho my hubby and I wanted to go there in January. And yes when I was granted with my spouse visa, I mention in my application that I had a criminal record so they took that into consideration et they still granted me the visa. 
Is there anyone whith a criminal record that has been granted a visa to the USA?


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## Hollis (Oct 5, 2013)

Michou said:


> Is there anyone whith a criminal record that has been granted a visa to the USA?


 
Well John Lennon got in.


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## Fez909 (Oct 5, 2013)

Michou said:


> Hi. I still have two years before I can apply for my British passport. What I was trying to ask is if I am most likely to be refused the USA visa then I might as well leave it till I get my passport even tho my hubby and I wanted to go there in January. And yes when I was granted with my spouse visa, I mention in my application that I had a criminal record so they took that into consideration et they still granted me the visa.
> Is there anyone whith a criminal record that has been granted a visa to the USA?



Confused here. You mention you got a visa with a criminal record then ask if there is anyone who has got a visa with a criminal record. You know the answer!


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## keybored (Oct 5, 2013)

Fez909 said:


> Confused here. You mention you got a visa with a criminal record then ask if there is anyone who has got a visa with a criminal record. You know the answer!


She has a spouse visa after moving here from Camaroon and marrying a Brit. She wants to know if she'll get a visa to travel from here to the states. I think.


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## 1%er (Oct 5, 2013)

Michou said:


> Hi. I still have two years before I can apply for my British passport. What I was trying to ask is if I am most likely to be refused the USA visa then I might as well leave it till I get my passport even tho my hubby and I wanted to go there in January. And yes when I was granted with my spouse visa, I mention in my application that I had a criminal record so they took that into consideration et they still granted me the visa.
> Is there anyone whith a criminal record that has been granted a visa to the USA?


If you apply for a visa and tell them you have a criminal record* there is a good chance you will be refused. People who don't have any criminal record but have been arrested are ofter refused.

I know a number of people who have received a visa and who have a criminal record. It is case by case and depends on many things.

*I am assuming you were cautioned for shoplifting 8 years ago.

Don't tell them, how are they going to find out?


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## Fez909 (Oct 5, 2013)

keybored said:


> She has a spouse visa after moving here from Canada and marrying a Brit. She wants to know if she'll get a visa to travel from here to the states. I think.



Right. Confusing situation that one. I wouldn't know where to begin to advise.

Good luck Michou!


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## keybored (Oct 5, 2013)

Hollis said:


> Well John Lennon got in.


They got round to him in the end though.


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## 1%er (Oct 5, 2013)

Well I fucked this post up it is meant to be an edit to my above post 

Michou, if they did find out, it isn't the end of the world as you will soon have a UK passport and as you are married you may even have a new name so you can reapply as a "new person" and in a couple of years your "caution" will be spent* and removed from UK police records.

If your conviction is "spent" you do not have to mention it on your visa application


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## Fez909 (Oct 5, 2013)

1%er said:


> If your conviction is "spent" you do not have to mention it on your visa application



This isn't true. The US don't regard any convictions as spent, no matter what the UK ROA  says.


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## 1%er (Oct 5, 2013)

Fez909 said:


> This isn't true. The US don't regard any convictions as spent, no matter what the UK ROA  says.


It doesn't matter what the USA say this person is a British citizen

Edit to add, if you mean for the visa, I have already said, don't mention it on the visa form


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## keybored (Oct 5, 2013)

1%er said:


> If your conviction is "spent" you do not have to mention it on your visa application



Sorry, but convictions are never "spent" for these purposes.


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## 1%er (Oct 5, 2013)

keybored said:


> Sorry, but convictions are never "spent" for these purposes.


see above.
I see, yes that does look wrong


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## Fez909 (Oct 5, 2013)

1%er said:


> It doesn't matter what the USA say this person is a British citizen



It does matter, because if you look at the requirements for a US visa, it's not the same as a CRB check. It's a print out from the police which shows up any convictions you have, including spent ones. Unless you're talking just a travel visa, in which case it doesn't matter if they're spent or not. You just don't declare them.


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## keybored (Oct 5, 2013)

1%er said:


> see above





> The Rehabilitation of Offenders Act does not _apply_ under _U.S. visa_ law. _If_ you have _ever_ been arrested, even as a minor, you are required to declare the arrest



http://www.usembassy.org.uk/visaservices/


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## 1%er (Oct 5, 2013)

Fez909 said:


> It does matter, because if you look at the requirements for a US visa, it's not the same as a CRB check. It's a print out from the police which shows up any convictions you have, including spent ones. Unless you're talking just a travel visa, in which case it doesn't matter if they're spent or not. You just don't declare them.


Yes I understand I didn't word it very well.

let me make it clear NEVER admit to any arrest or conviction when applying for a visa to the USA (spent or otherwise), they do not have access to the UK criminal records. They do have other ways of keeping data on conviction so they may find out, but it is unlikely.

The person I am answering will have a new passport (from a new country) and may also have a change of name via marriage, it would be almost imposable for the US to find out about a caution 8 years ago under a different name


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## keybored (Oct 5, 2013)

1%er said:


> Yes I understand I didn't word it very well.
> 
> let me make it clear NEVER admit to any arrest or conviction when applying for a visa to the USA (spent or otherwise), they do not have access to the UK criminal records. They do have other ways of keeping data on conviction so they may find out, but it is unlikely.


When you say "visa", do you mean "ESTA"?


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## 1%er (Oct 5, 2013)

keybored said:


> When you say "visa", do you mean "ESTA"?


Both, the person I am answering is at the moment on a Cameroonian passport for the next two years. the ESta will only apply when they get their UK passport


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## Fez909 (Oct 5, 2013)

keybored said:


> When you say "visa", do you mean "ESTA"?



I think he means tourist visa. All the advice on this thread is about tourist visas, really.

If it's a working or residential visa, you're not getting in due to the print out thing they need I mentioned above.


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## keybored (Oct 5, 2013)

Fez909 said:


> I think he means tourist visa. All the advice on this thread is about tourist visas, really.
> 
> If it's a working or residential visa, you're not getting in due to the print out thing they need I mentioned above.



That's what I've been led to believe, and I've looked into it a lot.

ESTA - They can't/won't check because the US border control people don't have access to our databases

Visa - If you lie, you will probably get found out. The embassy here can and will check

I'm not sure what you mean by tourist visa, I assume ESTA?

Edit: Ah, I get it now. As it applies to someone from a country that isn't part of the ESTA scheme.


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## Fez909 (Oct 5, 2013)

keybored said:


> That's what I've been led to believe, and I've looked into it a lot.
> 
> ESTA - They can't/won't check because the US border control people don't have access to our databases
> 
> ...



No, by tourist visa I mean one that lets you visit the US but not live or work there. I believe working visas are different, and then you have residential ones to live there ("Greencard"?).

You can get into US on the tourist visa as long as you don't own up to it, but the other two types require embassy visits and proof of criminal history (or lack of).


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## 1%er (Oct 5, 2013)

I got as pm for someone who seem shy.

They asked, where else can the USA get information on convictions

There are many companies out there that collect data from newspapers; local and national, public court documents etc. I think most people would be shocked if they knew about the market in personal information for sale.


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## 1%er (Oct 5, 2013)

keybored said:


> That's what I've been led to believe, and I've looked into it a lot.
> 
> ESTA - They can't/won't check because the US border control people don't have access to our databases
> 
> ...


The ESTA is only permission to travel for people from countries with a visa waver, it does not mean they can enter the USA. The may or may not be given a visa at the point of entry.


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## keybored (Oct 5, 2013)

1%er said:


> The ESTA is only permission to travel for people from countries with a visa waver, it does not mean they can enter the USA.


Yeah, I know. I was just confused as to why the term "tourist visa" was being used at all, till I realised it was for someone from elsewhere.


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## 1%er (Oct 5, 2013)

The visa waver isn't really that good. If you travel under an ESTA you are more than likely to be given a 3 month visa, but most of the Brazilians I translate for when they go for a US visa get 10 years.

Visa waver pay every time non visa waver pay once for 10 years


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## keybored (Oct 5, 2013)

1%er said:


> The visa waver isn't really that good. If you travel under an ESTA you are more than likely to be given a 3 month visa, but most of the Brazilians I translate for when they go for a US visa get 10 years.
> 
> Visa waver pay every time non visa waver pay once for 10 years


Visa waiver is pay every two years, isn't it?


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## 1%er (Oct 5, 2013)

keybored said:


> Visa waiver is pay every two years, isn't it?


The ESTA is valid in most cases that is two years. The visa stamp is 3 months in most cases with a ESTA


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## keybored (Oct 5, 2013)

1%er said:


> The ESTA is valid, in most cases that is two years. The visa stamp is 3 months in most cases



Yes, but you can travel as many times within that two years (and within the confines of "90 days max with a reasonable time between visits") as you like, and the last time you can depart up to the day of expiry and still stay for 90 days. You don't need to pay the $14 each time you travel.


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## 1%er (Oct 5, 2013)

keybored said:


> Yes, but you can travel as many times within that two years (and within the confines of "90 days max with a reasonable time between visits") as you like, and the last time you can depart up to the day of expiry and still stay for 90 days. You don't need to pay the $14 each time you travel.


I see what you mean. (I was kind of thinking about 10 years)

Have you been to the USA while the TSA have been up front?


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## keybored (Oct 5, 2013)

1%er said:


> I see what you mean. (I was kind of thinking about 10 years)
> 
> Have you been to the USA while the TSA have been up front?


Nah, I got an ESTA approved in January but had to cancel my flight last minute because of work stuff. Planning to go early next year instead. I'm assuming I'll be fingerprinted, photographed and yelled at.


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## 1%er (Oct 5, 2013)

I just read an interesting snip-it.



> ESTA application data remains active for the period of time that the approved ESTA is valid, which is generally two years, or until the traveler’s passport expires, whichever comes first. DHS will then maintain this information for an additional year after which it will be archived for twelve years to allow retrieval of the information for law enforcement, national security, or investigatory purposes. Once the information is archived, the number of officials with access to it will be further limited. This retention is consistent both with CBP’s border search authority and with the border security mission mandated for CBP by Congress. Data linked to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases, including applications for ESTA that are denied, will remain accessible for the life of the law enforcement activities to which they are related.
> 
> As DHS transitions to a paperless I-94W, the ESTA application data will replace the data that is collected through the paper I-94W. In those instances where ESTA application data is used in lieu of the information collected through the paper I-94W, the ESTA application data will be maintained in accordance with the retention schedule for the I-94W, 75 years.


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## keybored (Oct 5, 2013)

1%er said:


> I just read an interesting snip-it.


That would tie-in with the general consensus that if you lie on an ESTA, you'll probably still get in. But if you ever want a visa after that has happened, they'll find out you lied on your ESTA and you'll never get in again.


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## 1%er (Oct 5, 2013)

keybored said:


> Nah, I got an ESTA approved in January but had to cancel my flight last minute because of work stuff. Planning to go early next year instead. I'm assuming I'll be fingerprinted, photographed and yelled at.


The TSA are humorless. Most of them are people who could not get into the police and the Fed Gov employed anyone in the TSA after 9/11. Power hungry wankers.

Yes you will be finger printed, last time I went it was just finger but I have given they all in the past.



keybored said:


> That would tie-in with the general consensus that if you lie on an ESTA, you'll probably still get in. But if you ever want a visa after that has happened, they'll find out you lied on your ESTA and you'll never get in again.


I know a number of people who have been banned from applying for 10 years (all Brazilians and deported for working illegally / over staying).


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## keybored (Oct 5, 2013)

Here's how the shut-down affects the Department of Homeland Security...



> Airport screeners at the Transportation Security Administration will not be affected.


but...


> The Department of Homeland Security will not accept or investigate civil liberties complaints and will not provide civil liberties training to state, local and federal officials.


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## 1%er (Oct 5, 2013)

I don't like the USA, I have to go to conferences sometimes and now my kids have realized they can get their stuff in the USA much cheaper than here I take them once a year for that. The grandchildren have started talking about Disney world & Universal


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## trashpony (Oct 6, 2013)

keybored said:


> That would tie-in with the general consensus that if you lie on an ESTA, you'll probably still get in. But if you ever want a visa after that has happened, they'll find out you lied on your ESTA and you'll never get in again.


Well, yes. But if you tell the truth, you won't get in anyway so at least lying on your ESTA means you can go on holiday there if you want to.


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## Onket (Oct 6, 2013)

1%er said:


> I don't like the USA, I have to go to conferences sometimes and now my kids have realized they can get their stuff in the USA much cheaper than here I take them once a year for that. The grandchildren have started talking about Disney world & Universal



You go once a year?! Where from?


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## 1%er (Oct 7, 2013)

Onket said:


> You go once a year?! Where from?


Usually from Brazil, anything here that is imported has a massive import tax. iirc last time we went we saved 3 times the flight cost on just a couple of computers and phones. It sounds expensive but the last couple of year the US dollar has been very low against the B$ and also there are great deals on flights.


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## scottishbhoy (Oct 10, 2013)

There are issues here, there are exceptions to being denied a visa. I got this from an immigration law firm.

*Section 212*

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

This article will describe only the most common grounds of ineligibility under section 212(a) of the INA.  It does not enumerate all grounds of ineligibility set forth in the law.


*Health-Related Grounds:*

Among those persons excludable for health reasons are

Aliens afflicted with a communicable disease of public health significance;
Aliens who are determined to have a physical or mental disorder and behaviour associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, as well as those aliens who have had such a disorder and associated behaviour which behaviour is likely to recur or lead to other harmful behaviour; and
Drug abusers and addicts.

*Criminal and Related Grounds:*

Excludable on criminal and related grounds are the following:

Aliens convicted of, and those who admit having committed either
A crime involving moral turpitude (or an attempt or conspiracy to commit such a crime), or
A violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance.
For information on the meaning of *“moral turpitude” *please see our website article A Crime Involving Moral Turpitude! What in the World is That?

*Exceptions:* an alien will not be ineligible for a visa if the alien committed only one crime involving moral turpitude and if
the crime was committed when the alien was under the age of 18 and the crime was committed (and the alien was released from any confinement imposed for the crime) more than 5 years before the date of application for a visa or admission to the U.S., or
the maximum penalty possible for the crime did not exceed imprisonment for 1 year, and if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months.


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## scottishbhoy (Oct 10, 2013)

Not sure if driving offences count as being criminal. I too have driving convictions from over 20 years ago, 1. driving without a valid licence and 2. driving without insurance. £250.00 fine and disqualified for 18 months. I also have a benefit fraud of knowingly failing to inform of a change in circumstances to the sum of £700 which I was asked to pay back and did before my court date. At court I was fined £125, that too is almost 20 years ago. I have heard that you can't be denied a visa if you only have 1 moral turpitude conviction and the maximum sentence for the crime was 1 year and you were given 6 months. I have never been in prison, so won't declare.


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## scottishbhoy (Oct 10, 2013)

I've read this from the first post to the last post about 3 times now and then checked out a few other things. I notice that driving convictions for driving without a licence and driving without insurance aren't even mentioned on the police crime list.


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## scottishbhoy (Oct 10, 2013)

Now the question I want to know is this; what information shows up on a police certificate. I have had 3 enhanced disclosure Scotland checks done over the past few years and all three have came back with nothing. I am a PCV driver and had to have the enhanced disclosure because I drive children and vulnerable people around. So I thought my previous would have been mentioned on that.


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## Ghall01 (Oct 11, 2013)

How do you do this?? You fly to Toronto? 


pseudonarcissus said:


> go to Toronto for a holiday and cross a land border.....it's a risk...but the consequences are much less if you just need to turn the rental car around and go to see the other side of the Niagra Falls. It always amazed me crossing in a car in Tijuana, how easy it was; the border agents saw it was a British passport in my hand and waved me through.
> As stated above, a visa refusal means you are unlikely to get the ESTA, and without that you won't get on the flight. Even with a visa, entry is at the discretion of the border agent. Any anomaly and you are probably going to get "secondary processing" at the airport which can be stressful and time consuming. I once had a problem when I had a green card and had a grilling for 2 hours at 5:30 in the morning.


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## keybored (Oct 11, 2013)

scottishbhoy said:


> There are issues here, there are exceptions to being denied a visa. I got this from an immigration law firm.
> 
> *Section 212*
> 
> ...


Interestingly, one of the possible waivers is having been done with not more than 30 grams of hash. More than 30 grams, ever, and you're not getting a visa.


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## Dean hodkin (Oct 14, 2013)

.


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## Ani2810 (Oct 15, 2013)

My partner and I were hoping to visit New York in December for a bit of pre-Christmas shopping. Over 30 years ago my partner was a bit of a "bad boy" and was arrested and convicted for robbery. He has not been in trouble since and has been a law abiding citizen and now works as a London Taxi Driver (governed by the London Metropolitan Police - who are aware of his previous conviction). I have just re-applied for my ESTA ( I travelled to Boston on business a few years ago) with no problem. I then put my partners details in and his application was denied almost immediately. He really has not been in trouble since he was a silly teenager (he is almost 50 now) and we would love to go to New York. Is there any other way? Any help or advice would be gratefully received.


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## editor (Oct 15, 2013)

Ani2810 said:


> My partner and I were hoping to visit New York in December for a bit of pre-Christmas shopping. Over 30 years ago my partner was a bit of a "bad boy" and was arrested and convicted for robbery. He has not been in trouble since and has been a law abiding citizen and now works as a London Taxi Driver (governed by the London Metropolitan Police - who are aware of his previous conviction). I have just re-applied for my ESTA ( I travelled to Boston on business a few years ago) with no problem. I then put my partners details in and his application was denied almost immediately. He really has not been in trouble since he was a silly teenager (he is almost 50 now) and we would love to go to New York. Is there any other way? Any help or advice would be gratefully received.


Bloody hell, that seems a bit harsh. There surely must be some sort of appeals process?


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## TruXta (Oct 15, 2013)

editor said:


> Bloody hell, that seems a bit harsh. There surely must be some sort of appeals process?


Not for ESTA I think. You can always apply for a non-immigrant visa through the embassy.


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## keybored (Oct 15, 2013)

[post removed]


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## keybored (Oct 15, 2013)

Ani2810 said:


> Is there any other way?



What TruXta said.



> If you discover that you are not eligible to come to the U.S. under the visa waiver program, because of a CIMT (such as fraud, or possession of narcotics) or other reason, your only option is to apply for a visa. At that time your previous actions, along with your current situation will be assessed, and the embassy may determine that you are now eligible to come to the U.S. on a visitor or other type of visa.



https://help.cbp.gov/app/answers/detail/a_id/1088/~/i-made-a-mistake-on-my-esta-application


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## Bahnhof Strasse (Oct 17, 2013)

Ani2810, apply for a visa, or go to Montreal instead.


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## james smith (Oct 22, 2013)

Hi people, new here and have one for you all.

I was in las vegas earlier on in the year and was taken by the hotel security and handcuffed for drug use (or so they thought) I had nothing on me and it was a guy who i was talking to who did have them on him. Anyway i was cuffed as i would not co operate with the hotel security and was taken to a back room. The police were called and they interviewed me, searched, took photo of ID etc but was not arrested as far as i know (was very very drunk and can only remember bits of it). the other guy was also brought into the room and he was arrested for possession. He was a USA citizen and i am UK. Anyway i was banned from the MGM resorts and escorted off the premises.

I take it this will not cause any problems for me entering the USA again or would this still show up???


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## TruXta (Oct 22, 2013)

james smith said:


> Hi people, new here and have one for you all.
> 
> I was in las vegas earlier on in the year and was taken by the hotel security and handcuffed for drug use (or so they thought) I had nothing on me and it was a guy who i was talking to who did have them on him. Anyway i was cuffed as i would not co operate with the hotel security and was taken to a back room. The police were called and they interviewed me, searched, took photo of ID etc but was not arrested as far as i know (was very very drunk and can only remember bits of it). the other guy was also brought into the room and he was arrested for possession. He was a USA citizen and i am UK. Anyway i was banned from the MGM resorts and escorted off the premises.
> 
> I take it this will not cause any problems for me entering the USA again or would this still show up???


You could always get in touch with the PD in question and ask if they have a record of your arrest. If they did arrest you there could be issues.


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## james smith (Oct 22, 2013)

Surely if i would have been arrested i would have been taken to the station or something??


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## ddraig (Oct 22, 2013)

why would it show up if you were not arrested?
have you read the thread? 

seriously, trashy and the site should get a commission from people joining up just for this thread


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## TruXta (Oct 22, 2013)

james smith said:


> Surely if i would have been arrested i would have been taken to the station or something??


Not necessarily - I THINK. But as I said, either try and get in touch with the local PD or failing that talk to a solicitor here in the UK to get some advice that is not coming from non-expert strangers on a message board.


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## james smith (Oct 22, 2013)

Obviously i am asking because i am not 100% sure what the outcome would be from that night.....


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## ddraig (Oct 22, 2013)

and who here do you think can be 100% sure?


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## TruXta (Oct 22, 2013)

james smith said:


> Obviously i am asking because i am not 100% sure what the outcome would be from that night.....


The thing is - you can have been arrested but not convicted and so still fall foul of the question regarding moral turpitude on the visa waiver form.


> Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?


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## Fez909 (Oct 22, 2013)

Technically you were arrested as arrested means deprived of your liberty for the investigation of a crime. But as to whether that arrest is recorded is a whole different matter.

Speak to the police in LV and see if it was recorded. If it turns out that it was recorded, then you'll have to apply for a visa. I'd be surprised if a case of wrongful arrest meant you didn't get into the country. But you have no other option at that stage, anyway.

Good luck.


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## TruXta (Oct 22, 2013)

Fez909 said:


> Technically you were arrested as arrested means deprived of your liberty for the investigation of a crime. But as to whether that arrest is recorded is a whole different matter.
> 
> Speak to the police in LV and see if it was recorded. If it turns out that it was recorded, then you'll have to apply for a visa. I'd be surprised if a case of wrongful arrest meant you didn't get into the country. But you have no other option at that stage, anyway.
> 
> Good luck.


Nah, there's a difference IIRC between detention(?) and arrest. If you walk free and are not taken into custody you have not been arrested, I THINK.


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## TruXta (Oct 22, 2013)

In either case if the poster in question was arrested, he should also have been booked. And this should be on the records.


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## Fez909 (Oct 22, 2013)

TruXta said:


> Nah, there's a difference IIRC between detention(?) and arrest. If you walk free and are not taken into custody you have not been arrested, I THINK.


I don't think there is a difference between those two, but again, I'm not 100% either.


> An arrest may occur (1) by the touching or putting hands on the arrestee; (2) by any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest; or (3) by the consent of the person to be arrested. There is no arrest where there is no restraint, and the restraint must be under real or pretended legal authority. However, the detention of a person need not be accompanied by formal words of arrest or a station house booking to constitute an arrest.
> 
> *The test used to determine whether an arrest took place in a particular case is objective, and it turns on whether a reasonable person under these circumstances would believe he or she was restrained or free to go.*


My bold. He was handcuffed and therefore was arrested, by the above definition (from legal-dictionary.com - no idea of its trustworthiness).


TruXta said:


> In either case if the poster in question was arrested, he should also have been booked. And this should be on the records.



No, "booking" is like being charged in the UK. You can be arrested without being charged, just as presumably you can be arrested without being booked?

He really needs to speak to the police


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## Fez909 (Oct 22, 2013)

TruXta said:


> In either case if the poster in question was arrested, he should also have been booked. And this should be on the records.



Actually, I'm wrong. It's to log someone detained after arrest. Which doesn't help clear up whether this fella was arrested or not as he wasn't detained.

Apologies!


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## james smith (Oct 22, 2013)

thanks for the response people. I must add i was not handcuffed by the police. It was the hotel security that done that before the police arrived


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## TruXta (Oct 22, 2013)

james smith said:


> thanks for the response people. I must add i was not handcuffed by the police. It was the hotel security that done that before the police arrived


And you were released after the police showed up? Chances are you weren't arrested then. But - AGAIN - try and check with the local PD.


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## james smith (Oct 22, 2013)

Yeah, police asked me questions, took photo of id, search etc. But in the end they let me go and the security hotel guy then read me out the 'do not enter our hotels/trespassing' speach.
I think i am fine, it was more to find out if they would have logged it even if i was not arrested and if that could show up anywhere when i go to enter the US again.


----------



## TruXta (Oct 22, 2013)

james smith said:


> Yeah, police asked me questions, took photo of id, search etc. But in the end they let me go and the security hotel guy then read me out the 'do not enter our hotels/trespassing' speach.
> I think i am fine, it was more to find out if they would have logged it even if i was not arrested and if that could show up anywhere when i go to enter the US again.


Probably logged in the operational log-book or whatever the fuck they call it, which is not the same as having a record.


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## james smith (Oct 22, 2013)

Thanks TruXta. Appreciate the time you have taken to help me.


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## TruXta (Oct 22, 2013)

james smith said:


> Thanks TruXta. Appreciate the time you have taken to help me.


Help? Dunno about that  In any case, should you apply for an ESTA and be denied you can always apply for a visa at your nearest US embassy.


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## keybored (Oct 22, 2013)

james smith said:


> took photo of ID


I hope that ID wasn't a communist party membership card.


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## lukeng49 (Dec 17, 2013)

hi just looking for an opinion please i have a conviction for abh and a dui and a caution for a minor drug offence. from what ive read on here a visa seems unlikely anyone no the chances of getting found out if i just lie on the esta? thanks.


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## TruXta (Dec 17, 2013)

Only one way to find out.


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## pogofish (Dec 17, 2013)

lukeng49 said:


> hi just looking for an opinion please i have a conviction for abh and a dui and a caution for a minor drug offence. from what ive read on here a visa seems unlikely anyone no the chances of getting found out if i just lie on the esta? thanks.



Did you read the thread?


----------



## lukeng49 (Dec 17, 2013)

pogofish said:


> Did you read the thread?


most of it yeh was really wanting to no if anyone with similar convictions had tried it and if so what the outcome was


----------



## TruXta (Dec 17, 2013)

lukeng49 said:


> most of it yeh was really wanting to no if anyone with similar convictions had tried it and if so what the outcome was


Seems like for most people lying works.


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## Manter (Dec 17, 2013)

Omigod this thread just will not die!!


----------



## TruXta (Dec 17, 2013)

Manter said:


> Omigod this thread just will not die!!


Criminals wanna go on holidays too!


----------



## ddraig (Dec 17, 2013)

Manter said:


> Omigod this thread just will not die!!


there are always people reading this thread, always


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## Manter (Dec 17, 2013)

But can't we just have a definitive statement and leave it at that? Rather than having to do the definitive statement weekly??!!


----------



## ddraig (Dec 17, 2013)

yeah but every single one of them think that they or their story/reason are different

and Trashy tried a while ago to make it beyond clear that the advice was the same and it wasn't going to change


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## ddraig (Dec 17, 2013)

JAN 2012


trashpony said:


> Seeing as this thread has been bumped, I am going to post again what I posted in August because of the flurry of PMs I've had recently from randoms. Even if you send me a really, really nice PM, my advice isn't going to change and I can't be arsed to reply to each of you individually.



the advice in bold 


> *Look, this is all very simple. If you want to be turned back at immigration, declare on the ESTA. If you don't, don't. They really don't have the database from hell where they can cross reference every time you smoked a spliff.
> 
> You are the very last person I'm telling this to because after seven fucking years of people joining the boards to ask this question and for no other reason I have entirely lost patience. Read the sodding board. The answer is there. It's not going to change however much the nitty gritty details of your question do.*


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## 1%er (Dec 17, 2013)

EDIT: None of what you read in this post is meant as fact, it is something I read elsewhere and commented on here.

These changes have not been made and may never be made, thank you 

ESTA, (Electronic System for Travel Authorization FAQ) could be changed soon. I read elsewhere that the TSA, Transportation Security Administration and others want some changes made to the ESTA program.

One of the changes is something called a "good character report". For citizens of the UK, my understanding is, it would mean people authorized to travel via the ESTA from the UK (Visa Waiver Program) may have to take with them a current copy of their "subject access request" (which I think is like a personal CRB, available via the data protection act from your local police). This will apparently, speed up your entry to the USA 

They also want access to the Disclosure and Barring Service computer systems (Criminal Records Bureau), if this is forthcoming they may allow visas issued online for countries who give them the access they want.


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## trashpony (Dec 17, 2013)

ddraig said:


> JAN 2012
> 
> 
> the advice in bold


Bloody hell I'm quite ranty at times


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## ddraig (Dec 17, 2013)

nah 
anyone would get miffed at pm's from random noob maybe criminals!


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## trashpony (Dec 17, 2013)

1%er said:


> ESTA, (Electronic System for Travel Authorization FAQ) could be changed soon. I read elsewhere that the TSA, Transportation Security Administration and others want some changes made to the ESTA program.
> 
> One of the changes is something called a "good character report". For citizens of the UK, my understanding is, it would mean people authorized to travel via the ESTA from the UK (Visa Waiver Program) may have to take with them a current copy of their "subject access request" (which I think is like a personal CRB, available via the data protection act from your local police). This will apparently, speed up your entry to the USA
> 
> They also want access to the Disclosure and Barring Service computer systems (Criminal Records Bureau), if this is forthcoming they may allow visas issued online for countries who give them the access they want.


Where did you read that? 

Seems pretty unlikely - tourist dollars are pretty important for much of the US


----------



## 1%er (Dec 17, 2013)

trashpony said:


> Where did you read that?
> 
> Seems pretty unlikely - tourist dollars are pretty important for much of the US


On a different forum.

What is unlikely? I'm not sure how it would effect "tourist dollars".

I'm sure they just see it as closing a glaring loophole in security and speeding up visa issue


----------



## trashpony (Dec 17, 2013)

1%er said:


> On a different forum.
> 
> What is unlikely? I'm not sure how it would effect "tourist dollars".
> 
> I'm sure they just see it as closing a glaring loophole in security and speeding up visa issue


Have you thought about the cost and manpower involved in this? It's nonsensical


----------



## 1%er (Dec 17, 2013)

trashpony said:


> Have you thought about the cost and manpower involved in this? It's nonsensical


How would it increase costs and manpower?

edit, 
I think maybe you have misunderstood what I have written or I haven't explained it very well.

The first change I mentioned was the subject access request, the cost of which is 10 uk pounds to the person traveling and closes a loophole.

If they get access to the Disclosure and Barring Service computer systems it will do away with the need for ESTA


----------



## trashpony (Dec 17, 2013)

1%er said:


> How would it increase costs and manpower?





> It would mean people authorized to travel via the ESTA from the UK (Visa Waiver Program) may have to take with them a current copy of their "subject access request" (which I think is like a personal CRB, available via the data protection act from your local police). This will apparently, speed up your entry to the USA


Do you not think there are costs and manpower associated with the police providing 'a personal CRB' to every single person who is thinking of travelling to the US? The police currently charge a tenner for a SAR but if you need a police certificate to get a visa 'The fee is £45 to get the certificate within 10 working days and £80 for a 2 day premium service'



> They also want access to the Disclosure and Barring Service computer systems (Criminal Records Bureau), if this is forthcoming they may allow visas issued online for countries who give them the access they want.


Why would they want this if what you say above is true? 

Why would any country give another country access to their police records?

I'd really like to see some evidence of this bar 'I read it on another forum' because it sounds like paranoid bollocks to me


----------



## 1%er (Dec 17, 2013)

trashpony said:


> Do you not think there are costs and manpower associated with the police providing 'a personal CRB' to every single person who is thinking of travelling to the US? The police currently charge a tenner for a SAR but if you need a police certificate to get a visa 'The fee is £45 to get the certificate within 10 working days and £80 for a 2 day premium service'
> 
> 
> Why would they want this if what you say above is true?
> ...


Hold on I haven't said this is going to happen, I said the TSA want changes.

You agree there is a massive loophole with the ESTA don't you?

my edit above answers the other points


----------



## 1%er (Dec 17, 2013)

trashpony said:


> Why would any country give another country access to their police records?


It doesn't mean "another country having access" it may be that they want access to the services provided by the Disclosure and Barring Service.


----------



## trashpony (Dec 17, 2013)

1%er said:


> Hold on I haven't said this is going to happen, I said the TSA want changes.
> 
> You agree there is a massive loophole with the ESTA don't you?
> 
> my edit above answers the other points


But before the ESTA, you had a little form to fill in on the plane where you lied. Now you lie electronically.

Given the nearly 500 posts on this thread, a lot of people (despite their career criminal status ) don't feel able to lie very convincingly.

Yes, there's a big loophole in the fact that they rely on people's honesty. But really, they're letting in people who've committed minor crimes for a holiday. I'd imagine it suits them very well to have this loophole because otherwise they are closing off a lot of potential revenue. I can entirely imagine they don't want my sort as a US resident and the current system ensures that will never happen. But do I pose a national security risk if I go on holiday? Of course not.

ETA: Unless you can provide a source for your so far baseless assertions, I don't think there's much point in discussing it!


----------



## 1%er (Dec 17, 2013)

I think you are reading to much into the changes.

One closes a loophole at no cost to the USA and a 10 uk pound cost to the traveler on their first trip.

If the USA could buy in the services of the Disclosure and Barring Service (doing away with ESTA), they could just issue visas via the web and that visa could well be a multi-year visa.

For example: a Brazilian who can not travel with an ESTA needs to apply for a visa, in almost all the cases I know of, if the visa was granted it was a 10 year visa (with the usual restrictions on working etc).


----------



## 1%er (Dec 17, 2013)

trashpony said:


> ETA: Unless you can provide a source for your so far baseless assertions, I don't think there's much point in discussing it!


LOL, I am not saying this is fact (you are reading to much into it).

I'll edit my above post to ensure no-one reads my comments as fact


----------



## 1%er (Dec 17, 2013)

trashpony Out of interest, how many times have to traveled to the USA since the security changes brought in because of 9/11 and the nightmare that is the TSA have become over the last few years?


----------



## trashpony (Dec 17, 2013)

1%er said:


> trashpony Out of interest, how many times have to traveled to the USA since the security changes brought in because of 9/11 and the nightmare that is the TSA have become over the last few years?


Only twice tbf although I've not heard anything to suggest it's got a lot more difficult. What do you mean by nightmare?


----------



## 1%er (Dec 17, 2013)

I think if you search here you'll see stuff from many americans about the TSA, I think I've also read stuff from people traveling there on here from the UK.

Even with the ESTA you need to have your finger prints taken, I've has all ten taken at least 5 times, most times its just one. They have a list of questions they have to tick box answer, some info on the ESTA, passport and other documents but they have to find it, they then ask you loads of questions. I have had "the address" on the landing card checked almost every other visit, this can take more than 10 minutes.

I don't watch the USA news much but can access CNN and a couple of other channels and whenever they are on there is a story about flying in the USA or the TSA. 

It isn't because I'm traveling from South America as I have had the same treatment when traveling there direct from Europe. I traveled a lot a couple of years ago and the USA was always the worst place to go and I had a multi-entry visa

The TSA is full of people who want to be cops but could pass the test, almost anyone could get a job at the TSA it was set up 2 month after 9/11 and has been a fuck up ever since, in my view.  

iirc I think @yuppiewomen (sp) is American and has had a few things to say about the TSA


----------



## TruXta (Dec 17, 2013)

1%er said:


> I think if you search here you'll see stuff from many americans about the TSA, I think I've also read stuff from people traveling there on here from the UK.
> 
> Even with the ESTA you need to have your finger prints taken, I've has all ten taken at least 5 times, most times its just one. They have a list of questions they have to tick box answer, some info on the ESTA, passport and other documents but they have to find it, they then ask you loads of questions. I have had "the address" on the landing card checked almost every other visit, this can take more than 10 minutes.
> 
> ...


I've been a few times over the last few years and it's not really been all that bad.


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## 1%er (Dec 17, 2013)

TruXta said:


> I've been a few times over the last few years and it's not really been all that bad.


That suggests it was bad though, I guess the degree of "badness" is subjective 

Anyway I don't need to go anymore, so it doesn't really bother me that much.

I'm reminded the Uk have newish laws re visas, there is a thread about it I think, that boxer was refused a visa. Maybe they (the UK, USA and other) will have a reciprocal arrangement where by they can buy-in the servives of other countries police computers for the issue of visas, just like private business can for employees.


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## TruXta (Dec 17, 2013)

My last trip I entered in Las Vegas, the immigration guy even cracked jokes. I was astounded.


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## Onket (Dec 17, 2013)

I'd like to go while it's still possible to lie. I will make sure I PM trashpony beforehand though, of course.


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## 1%er (Dec 17, 2013)

This could all be made a lot easier with the sharing of information, but that may not be a good thing.

Funny thing is most security involves holding up people who are just going about their lawful business, but you get 90 of the worlds leaders in one place and with all those security services with all their access and some bloke who according the press here has an unbelievable record of involvement with police and criminal activity and there he is standing next to all these people who cost billions to secure. And he is standing there taking the piss, you couldn't fucking make it up.


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## Wilf (Dec 18, 2013)

Onket said:


> I'd like to go while it's still possible to lie. I will make sure I PM trashpony beforehand though, of course.


I've only got a caution, but don't want to go to America. You could go in my place.


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## ashdonny (Dec 23, 2013)

Hi all, i have a tough one for you and could use some help.

i am due to travel to New York on 18th January 2014 and have only just been told about the Visa that i am going to need, i applied for the Visa Waiver Programme and having a criminal record i ticked "yes" on the question involving "morale tourpitude" and was denied a visa.

since then i have applied for an actual visa and after the long process and having to pay the $160 fee they have gave me an appointment for 28th January 2014 which is after the date i am due to travel.. SHIT

i have made contact both via email and phone and they say there i nothing they can do.

i was wondering that if i was to say that i have lost my passport and go and get a new one and reapply via the ESTA (with my new passport number) would i be accepted and would there be any way the the US boarder control would know once i arrived?

if not i stand to lose quite abit of money..

any other advice would be welcome..

thanks


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## 1%er (Dec 23, 2013)

Would you get a new passport number or just a replacement passport with the same number?

Your other details may well give the game away, same name, date of birth ect.

If it is really important fly into Mexico and cross the land boarder with the USA


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## ashdonny (Dec 23, 2013)

1%er said:


> Would you get a new passport number or just a replacement passport with the same number?
> 
> Your other details may well give the game away, same name, date of birth ect.
> 
> If it is really important fly into Mexico and cross the land boarder with the USA




you definitely get a new passport number as i have had a look at my last one and it is different, also i only thought of this as an option becausei was reading on an old thread that if you was to lose your passport and you had a valid visa inside you had to re-apply for a new visa using your new passport.. 

so i thought surely they wont know?

and yes obviously name etc will be the same but whats that matter to them? im sure its just the passport number that matters?


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## Onket (Dec 23, 2013)

Would be interesting to see if it works. 

I doubt anyone on here will be able to tell you 100% if it will or won't.


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## ashdonny (Dec 23, 2013)

Onket said:


> Would be interesting to see if it works.
> 
> I doubt anyone on here will be able to tell you 100% if it will or won't.



yes it would be interesting, however im afraid to be the "guinea pig" but really what other choices do i have? if i was to re-apply using my current passport and just change the particular question to "no" they would most certainly cotton on to that.. right?


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## Onket (Dec 23, 2013)

I don't know the answer.


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## 1%er (Dec 23, 2013)

ashdonny said:


> you definitely get a new passport number as i have had a look at my last one and it is different, also i only thought of this as an option becausei was reading on an old thread that .. if you was to lose your passport and you had a valid visa inside you had to re-apply for a new visa using your new passport
> 
> so i thought surely they wont know?
> 
> and yes obviously name etc will be the same but whats that matter to them? im sure its just the passport number that matters?


You get a new passport number when you renew your old passport, that is for sure, but if it is lost or stolen you are applying for a replacement passport and I'm not 100% that would have a new number.



> if you was to lose your passport and you had a valid visa inside you had to re-apply for a new visa using your new passport


This may be the case if you are requesting a replacement passport (I have never had to do that), but in my personal experience this isn't the case with a renewed passport. I just had to take my expired passport (that had a copy of my active visa) as well as my new passport and was granted entry.

A visa does not expire with the passport.

When you say "matters to them", it is a computer reading this information not a person and if the same names and date of birth come up it may trigger something, so a real person does looks at it. They may notice that your passport is brand new (by the issue/expire date) and put 2 and 2 together. You may pass the ESTA but then be stopped on the other side in the USA, if something comes up when they check the passenger manifest.

I think ESTA looks at more than a passport number, what would it be checking that number against other than their own database of refused visas? If it only check passport numbers, every time someone renewed their passport the database would not recognize them, making the system redundant very quickly


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## ashdonny (Dec 24, 2013)

1%er said:


> You get a new passport number when you renew your old passport, that is for sure, but if it is lost or stolen you are applying for a replacement passport and I'm not 100% that would have a new number.
> 
> 
> This may be the case if you are requesting a replacement passport (I have never had to do that), but in my personal experience this isn't the case with a renewed passport. I just had to take my expired passport (that had a copy of my active visa) as well as my new passport and was granted entry.
> ...




well yes that is what i have been reading online, whenever somebodies passport has expired they have had to re-apply for a visa via esta.  however since then i have managed to get an appointment at Belfast for 30th December, i think im just going to have to fly to belfast and have the interview and hope that my passport comes back intime for the 18th January.. does anyone know if the interviewer will need to see proof of my criminal convictions?or with it being a petty crime and me only travelling for 7 days with a return ticket, should i be alright?


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## 1%er (Dec 24, 2013)

You do not "apply for a visa via ESTA", you only apply for authorization to travel.

If you are having a face to face interview on the 30th Dec, you should take "all" your documentation and just give then what they ask for, if they don't ask for a copy of your criminal record don't give them one. 

I wish you good luck

You asked "Should I be alright", the only person who can answer that is the person who will grant your visa, or not as the case may be. If you tell us what the conviction and penalty were, someone may be able to have an educated guess.

Please let us know the outcome as others may be able to benefit from your experience.


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## ashdonny (Dec 24, 2013)

the conviction was theft from a motor vehicle and it was about 12 months ago, i think i have been in contact with ACPO to receive my criminal record information and they are closed now until the new year, so i am just going to have to chance it and hope they grant me a visa.


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## 1%er (Jan 2, 2014)

ashdonny Any update from your interview?


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## jtam (Jan 11, 2014)

Hi I am having the same issue, 2 years ago my partner applied for Esta and answered yes to the criminal conviction question, it denied him and advised him to go to the embassy we then decided against going to the US for our holiday so didn't take this any further. this year we are going for a family holiday to Florida, do you think if he applies and selects no to that question that it will flag up? He is due a new passport next month so should be a new passport number and his conviction is from over 6 years ago, most of the party travelling go to the US on holiday every year, What's his chances, do you think that the Esta will flag up he has applied previously ? As these only last for 2 years anyway? 
Any advice appreciated
Thanks


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## Maurice Picarda (Jan 20, 2014)

Usual advice here is to go to Canada and tunnel under the border. The information link between HMCTS and the US is pretty seamless now.

E2A Weird - that was in new posts, but it's a week old.


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## Gooner24 (Jan 21, 2014)

Heya all,

so met a woman from the USA, problems arising as I know about my convictions and she's wanting me to go over soon,so have been doing a bit of investigating and came across this forum and topic

So, Ill list everything here
1 GBH Section 18 (With Intent) - 4 years in prison + 2 year Extended Licence
3 Carrying an offensive weapon
3 Criminal Damage
1 Possession of 26 Ecstacy Tablets
3 Drunk and Disorderlys
2 Threatening Behaviour
All of the above combined involved Probation, Attendance Centre and Fines

All of it was 2002 and earlier, so all at least 11 years ago and the GBH being the last offense, if you dont include my dog biting another dog last year but went to court and was withdrawn as we sorted it out with compensation but its on my subject access lol
So, Im guessing Im pretty fucked if I apply for a Visa or Visa Waiver?
If so, reckon I could just keep quiet and Ill be okay, cos obv I dont want to admit all that and try to explain, but at the same time, dont want to risk it and easily get caught and spend the next 2 months in some Texan Jail getting raped up the arse lol.
So just wanna know if I would definatly get refused and what the chances are of lying about it 
Ty all, btw am from the UK but just got granted a Belgian Visa even with that huge list of convictions as they only wanted the last 5 years and they are also one of a few countries that want a Police Certificate, US being another but Belgium granted me right to stay

Ty for ur advice all (if any  lol)


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## TruXta (Jan 21, 2014)

Same as before, if you wanna play nice apply for a visa  and likely get rejected, don't play nice, apply for an ESTA, take your chances at the US border control.

BTW if you do get caught the worst that will happen is they send you back home on the first flight and you're barred from entering the US for the foreseeable.


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## ddraig (Jan 21, 2014)

what answer do you want that hasn't been given Gooner24 ? 

"yes yes it will all be fine, sure they know you are a good boy now"
then blame some people on the internet if you get caught out?


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## pseudonarcissus (Jan 21, 2014)

I think the American lady should have that list of naughtiness before inviting you in the house.


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## Gooner24 (Jan 21, 2014)

TruXta said:


> Same as before, if you wanna play nice apply for a visa  and likely get rejected, don't play nice, apply for an ESTA, take your chances at the US border control.
> 
> BTW if you do get caught the worst that will happen is they send you back home on the first flight and you're barred from entering the US for the foreseeable.



Ty, probably gonna have to take my chances, this topic was made like 6/7 year ago so not sure how much the USA have gone into background checks since. Dont mind getting deported asap, be in the same boat is if I got rejected in the first place, just the thought of spending time in a US Jail worries me.

Ty for ur advice


----------



## TruXta (Jan 21, 2014)

Gooner24 said:


> Ty, probably gonna have to take my chances, this topic was made like 6/7 year ago so not sure how much the USA have gone into background checks since. Dont mind getting deported asap, be in the same boat is if I got rejected in the first place, just the thought of spending time in a US Jail worries me.
> 
> Ty for ur advice


Not heard of people spending jail-time in the US for trying to blag entry.


----------



## Gooner24 (Jan 21, 2014)

ddraig said:


> what answer do you want that hasn't been given Gooner24 ?
> 
> "yes yes it will all be fine, sure they know you are a good boy now"
> then blame some people on the internet if you get caught out?



No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type


----------



## TruXta (Jan 21, 2014)

Gooner24 said:


> No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type


Well, given that people are still asking the same questions and no significant changes in travellers' experiences have been reported I don't think there's any reason to think that background checks are very different from a few years back.


----------



## ddraig (Jan 21, 2014)

Gooner24 said:


> No, I was curious about how much security checks have changed since the original topic was made, ie, more recent experiences of people that have gone through the procedure.... don't try and be a smartarse next time and think before u type


if you were not so dumb then you'd notice that there are recent very similar questions by other dumbasses and the answer is the same
there is no nicey nice safe way for you to enter the US
so less of the 'don't try and be a smartarse next time' next time


----------



## Onket (Jan 21, 2014)

Calm down the pair of you FFS.


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## moody (Jan 22, 2014)

best way to get into the states is across the us/mexican border.


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## Kukuxa (Jan 23, 2014)

Hello everyone!!

First of all, I know...I know...this thread is so long and you're tired of people asking the same things all the time but I feel that I'm panicking so just wanted to ask about my situation.

I'm from a country of Europe but this past summer I get caught of a very minor shoplifting, arrested and given a simple caution. I'm now in my country and I'm planning to go to the USA this summer with a visa J-1. It's a similar process to the ESTA, you're also asked about the arrested fact but you also have a small interview with someone of the USA embassy of your coutry. 

I'm very anxious and in the middle of my exams now so please....could anyone tell me what's the best thing to do? Tick yes or no? Will someone find out?


Thank you very very much.


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## TruXta (Jan 23, 2014)

Impossible to say. Where are you from?


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## Kukuxa (Jan 23, 2014)

Sorry, I didn't mention it. I was in the UK when that happened, but I'm from Spain and here is where I'll be taking the flight from. Thanks so much.


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## twentythreedom (Jan 23, 2014)

As always, deny everything


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## gary stevens (Jan 29, 2014)

Okay, I have read this topic start to finish..here is my take on things...I am due to go to Florida in August with my family to get married, have been looking at everyones comments throughout the topic and started to worry as I have a conviction for GBH under section 20 without intent from 2000.
So did some research.
Firstly moral turptitude:
Go here to the US department of state website for a full explanation on definitions of different crimes and whether they come under moral turpitude, for my example:
Exception to clause one- being a crime of moral turpitude;
Clause (i)(I) shall not apply to an alien who committed 
only one crime if- 
The crime was committed when the alien was under 
18 years of age, and the crime was committed (and 
the alien released from any confinement to a prison 
or correctional institution imposed for the crime) U.S. Department of State Foreign Affairs Manual Volume 9 - Visas
9 FAM 40.21(a) Regs/Statutes Page 2 of 8
more than 5 years before the date of application for 
a visa or other documentation and the date of 
application for admission to the United States, or 
(II) The maximum penalty possible for the crime of 
which the alien was convicted (or which the alien 
admits having committed or of which the acts that 
the alien admits having committed constituted the 
essential elements) did not exceed imprisonment for 
one year and, if the alien was convicted of such 
crime, the alien was not sentenced to a term of 
imprisonment in excess of 6 months (regardless of 
the extent to which the sentence was ultimately 
executed). "THE ONLY CRIME I HAVE COMMITED"
and all I received was a fine and community service.
From everything I have read my crime does not come under moral turitude according to the US and even if it did it is exempt as it was only one crime.

The question on esta does not ask have you ever been arrested, but have you ever been arrested for a crime involving moral turpitude. I believe I have not therefore answered NO on the esta.
I would suggest if you are not sure do some research and then if you feel you have not...answer no on the form.


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## ddraig (Jan 29, 2014)

a sensible noob post!! 
welcome


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## Manter (Jan 29, 2014)

I'm still not sure why so many miscreants are so determined to go to the US


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## Onket (Jan 29, 2014)

ddraig said:


> a sensible noob post!!
> welcome


And ddraig being a knob, again!


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## ddraig (Jan 29, 2014)

how's that then boss?


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## Onket (Jan 29, 2014)

Apologies,  was being a bit harsh. 

Just think it's a bit off to act surprised that someone new is speaking sense.


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## gary stevens (Jan 30, 2014)

ddraig said:


> a sensible noob post!!
> welcome


Why Ty very much...lol


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## bp90 (Feb 4, 2014)

Hi guys,

I'm hoping you can help me and answer some of my questions...

After reading chunks of this thread I know this is about people who are hoping to travel to the US on holiday, which is different to my situation but you guys seem pretty knowledgeable and I didn't know where else to go. In the Summer I'm hoping to go out to the US to do some football coaching for a well established coaching company. I've been to the recruitment day and was successful and now I need to apply for a J-1 visa.

My worry is that when I was 14 (I'm now 23) I got into a fight outside school and ended up getting a reprimand from the police. I spoke to somebody at the company I intend to work for and he advised I get an ACPO form to see what came up. It came back saying 'No Live Trace' meaning my reprimand is spent but still exists on some system. After speaking to the guy again he said it was good news and that I should go to the J-1 visa meeting at the US embassy and tick the boxes on the forms saying I've no previous convictions etc etc and it should be fine (although he couldn't guarantee anything).

Obviously I'm worried I might get rejected. What do you guys think? What do and can the embassy check?

Thanks a lot for any help!

Just to add - since getting into that scrape at 14 I've never been in any trouble and am a qualified teacher and have worked with kids for over 6 years.


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## Manter (Feb 4, 2014)

I doubt it'll show up. Tick the boxes and don't worry about it


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## bp90 (Feb 4, 2014)

Cheers for the response Manter! 

Heard about anything similar and it being okay? Just trying to put my mind at ease I guess...


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## co-op (Feb 6, 2014)

bp90 said:


> Cheers for the response Manter!
> 
> Heard about anything similar and it being okay? Just trying to put my mind at ease I guess...



I'd be willing to bet money you won't get sussed - I have done enhanced CRB checks in the UK which have failed to turn up police cautions (proper ones I have accepted and signed for). 99% of the time the police who "reprimanded" you will have scribbled some shite down on his notepad and then thrown it in the bin when he got back to the station. The fact that you are still worrying about it 10 years later is kind of what they were after! Put a minor frightener on you.


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## Fez909 (Feb 6, 2014)

Co-op is right. Reprimand = nothing. I got a formal caution at about that age and it doesn't show up on any checks these days. I even queried it with the police and they said they can't see it at all.

Yours isn't a record in any way. Tick no and forget about it.


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## Onket (Feb 6, 2014)

Just to confirm what others have said- the formal caution I got at 15 years old doesn't show up on my record either, bp90.


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## co-op (Feb 6, 2014)

Isn't a lot of this declaration stuff a legal technicality anyway? I mean they literally aren't going to check it at all.

The purpose of it is that if you do get caught doing something naughty in the States, they can then (if they can be arsed, ie if it's serious enough) go and check your domestic record properly and if they find anything, they then have you on a Federal offence - ie lying on a Federal form and they can deport you kerblammo, one court appearance job done.

They don't actually care what you've done in the past (I mean, barring the extreme cases) they're just giving themselves a card to play in the future if they need it.


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## bp90 (Feb 6, 2014)

Cheers guys!

Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?


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## Fez909 (Feb 6, 2014)

bp90 said:


> Cheers guys!
> 
> Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?


No. show them nothing. Tick "no" to do you have a criminal record. You've never been arrested and you're a model citizen. Act as if that reprimand never happened.


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## Fez909 (Feb 6, 2014)

bp90 said:


> Cheers guys!
> 
> Do you know what they have the power to actually check at the embassy? Do they need to see my ACPO form which says 'No Live Trace' on?


Hang on, you're not getting an ESTA, are you?

You will need the ACPO cert then. They should have told you to bring that to the meeting I would have thought?


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## Fez909 (Feb 6, 2014)

This thread looks similar to your situation: http://britishexpats.com/forum/showthread.php?t=822764

They recommend he gets a Subject Access Report from teh police which will give the actual details of your caution as "No Live Trace" isn't enough information for the J1. Whether that's truce or not, I don't know, but for the sake of £10, I'd consider getting one anyway and then you can hand it over if they say they need it. I probably would hold on to it unless asked, though. Why offer more info than you have to?


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## bp90 (Feb 6, 2014)

Thanks Fez. 

I'm just waiting on correspondence from the embassy as to when the meeting will be and what I need to take with me.

Just read through the thread on the link and I'll definitely think about getting a Subject Access Report. My dilemma is that the guy I spoke to from the coaching company said that they wouldn't take me if I officially stated on a form (these were their own company forms) that I had previously had the reprimand. So I'm planning to go and just deny I've ever had anything. However if I were to go and it came up at the embassy and they saw the Subject Access Report and accept me for a visa, is there any way it will get back to the company saying that I've said I've got the reprimand?

Maybe I'm over thinking and over worrying about it?!


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## Fez909 (Feb 6, 2014)

bp90 said:


> Thanks Fez.
> 
> I'm just waiting on correspondence from the embassy as to when the meeting will be and what I need to take with me.
> 
> ...


I'm only guessing, but I reckon they will never know about it.

Maybe you're best speaking to a solicitor who specialises in this sort of thing, just for peace of mind?

Good luck!


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## bp90 (Feb 7, 2014)

Not a bad shout Fez, something worth thinking about anyway.

co-op as my ACPO form came back saying 'No Live Trace' as opposed to 'No Trace' does this not indicate that something does still exist? And if, at the embassy, they see what it says on my ACPO form will they not query what it is?


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## Onket (Feb 7, 2014)

bp90 said:


> Not a bad shout Fez, something worth thinking about anyway.
> 
> co-op as my ACPO form came back saying 'No Live Trace' as opposed to 'No Trace' does this not indicate that something does still exist? And if, at the embassy, they see what it says on my ACPO form will they not query what it is?


Yes. You're fucked.


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## bp90 (Feb 7, 2014)

Hmmm. Being doing a bit more reading on the internet and nowhere, even on the US gov sites, does it say you have to take your ACPO form to a J-1 visa meeting. Probably best seeing what the embassy say I need to take and just take the guy from the coaching company's advice and just tick no to everything.


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## Fez909 (Feb 7, 2014)

don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.

seriously, get some proper advice on this (not randoms off the internet)


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## bp90 (Feb 7, 2014)

Sounds sensible! 

Where do you go though, and is that likely to be cost a bomb?


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## 1927 (Feb 9, 2014)

Fez909 said:


> This thread looks similar to your situation: http://britishexpats.com/forum/showthread.php?t=822764
> 
> They recommend he gets a Subject Access Report from teh police which will give the actual details of your caution as "No Live Trace" isn't enough information for the J1. Whether that's truce or not, I don't know, but for the sake of £10, I'd consider getting one anyway and then you can hand it over if they say they need it. I probably would hold on to it unless asked, though. Why offer more info than you have to?


Even applying for the visa is giving them more info than you have to. 

Im sure ive said it before and i will repeat. Does anyone out there actually believe that the US immigration bods have a list of every conviction of every person in the world? Because that is what they would have to have if you dont disclose anything to them. The Uk authorities do not share police records and the US would have to go thru Interpol to get them. It aint gonna happen folks, so unless you are a terrorist threat, big time drug dealer or mafia don I doubt there is any chance whatsoever of being found out, go for it!


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## 1927 (Feb 9, 2014)

Fez909 said:


> don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.
> 
> seriously, get some proper advice on this (not randoms off the internet)


Proper advice, what would that be then? Any solicitor is going to advice to play it absolutely to the letter of the law, when in reality there is absolutely no need to do this. Internet is best place to get some real life experiences about what is necessary or not.


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## 1927 (Feb 9, 2014)

Fez909 said:


> don't do anything until you've spoken to a solicitor. this could fuck up your chances forever. it seems like you should be OK getting in if you're honest, but if you lie they'll know and then you're blacklisted.
> 
> seriously, get some proper advice on this (not randoms off the internet)


How will they know you are lying as a matter of interest?


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## Fez909 (Feb 9, 2014)

1927 said:


> How will they know you are lying as a matter of interest?


He's going to work in the USA. It's not just a holiday. He'll need a social security number and whatever else. And for that they need a J-1 visa. And the J-1 visa requires an ACPO cert, which shows any criminal convictions. He's have already seen his ACPO cert as her got it done himselves and it said, "no live trace" which means there is an expired caution. The US embassy will know this, and they will ask to see the Subject Access Report so they can judge exactly how serious the caution is, and then make a decision on that.


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## 1927 (Feb 9, 2014)

Fez909 said:


> He's going to work in the USA. It's not just a holiday. He'll need a social security number and whatever else. And for that they need a J-1 visa. And the J-1 visa requires an ACPO cert, which shows any criminal convictions. He's have already seen his ACPO cert as her got it done himselves and it said, "no live trace" which means there is an expired caution. The US embassy will know this, and they will ask to see the Subject Access Report so they can judge exactly how serious the caution is, and then make a decision on that.


My apologies I missed the bit about the J1 visa.


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## bp90 (Feb 9, 2014)

After speaking to a couple of people in the last couple of days who have been for J-1 visa interviews, they have both said the embassy did not see the ACPO form. It seems like the ACPO form is just for the company you are working for as they are acting as your sponsor, therefore it is their responsibility to carry out a criminal background check on you.

Obviously this is just from two friends so I still can't be sure, but seems like legit info that is backed up by there being nothing on the embassy website about taking the ACPO form with me.


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## Onket (Feb 9, 2014)

Good luck with it, bp90.


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## Shanir123 (Feb 18, 2014)

Hi all,

Just want to share my experience I booked a holiday last year for me and my boyfriend for feb 15th!

....he has a criminal record and was actually in prison for 6 months now the conviction (only conviction) actually wasn't listed as CIMT (moral turpitude) but it didn't stop me from worrying.... Anyways we boarded the plane and landed went through border control and nothing he was fine!

I think they have a lot more important people to look out for than a accident which cost my bf 6 months of his life 8 years ago, I'm not telling people to follow my actions but just wanted to share my experience


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## Bahnhof Strasse (Feb 18, 2014)

Nice one Shanir123

Lessons: Don't grass yourself up. As 1927 has said, unless you are big time you'll be fine. I have numerous minor convictions, all of which could have carried substantial prison time, never had any trouble; in fact in October at LAX I was through immigration in under a minute, including fingerprints and photo.


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## Lisa1992 (Feb 24, 2014)

USVISA said:


> After a much stress, scouring the internet to find out whether I would get a VISA for the US I've now been through this whole process and have a visas
> 
> I have a conviction for Drink Dirving and hence cannot take advantage of the Visa Waiver program. I originally considered: Should I risk going anyway and lie on the forms you have to fill out when you arrive in the US?
> 
> ...



Was it a police certificate form you applied for from acro? 

I'm really intrigued because I am sending off for one today, and have a meeting as the embassy booked for 22nd April, going to vegas on the 3rd June! 

If it was the police cert. from acro you got then I am releived as I was worried about the amount of detail is included in it! .. does it literally just say the offence and when it was?


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## 1927 (Feb 24, 2014)

Why do people bother reading this thread if they then go against everything that they get told?

The comment from USVISA above is a load of bollocks imho.

DUI is NOT a crime of moral turpitude and there is no reason to declare it, and the US authorities will almost certainly find out if you don't declare it. The Home Office do not, repeat, do not share info with the US authorities, and can only do so if the info is requested via Interpol channels. Does anyone with any ounce of intelligence really think they would approach Interpol for the records of every single person on every flight arriving from Europe, it a no brainer.

The USA is so large that there own databases cannot keep track of their own citizens, they can hardly keep track of everyone in the world.


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## James curtis (Feb 27, 2014)

Can you tell me if i can get in usa on a esta please if iv got 1 conviction and that is charged on a class c drug?? As dont want to apply for a visa as more expensive?  Is there any 1 whos traveled to states RECENTLY and not declared there offence and got threw ok/please help as iv tried contacting embassy but only automated service???


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## Maurice Picarda (Feb 27, 2014)

Which state are you flying to? Many of them now have mandatory punctuation and grammar screening tests for overseas visitors; it's outrageous and discriminatory, and the ACLU are doing what they can to end the practice, but you may find that you don't qualify for entry.


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## James curtis (Feb 27, 2014)

Im going to florida for 3 weeks	 If i didnt declare this on esta do you think they will find out when i go threw customs????


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## Maurice Picarda (Feb 27, 2014)

Florida's test is one of the toughest. Mug up on gerunds.


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## James curtis (Feb 27, 2014)

So do you think ild get pulled up then?  What would happen if they caught me etc isnt there anyway i could do a visa etc if i got caught?


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## Maurice Picarda (Feb 27, 2014)

If you conflated a gerund with a present participle I believe there would be a short period of detention before you were repatriated. Sunshine State my arse, frankly.


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## trashpony (Feb 27, 2014)

You're mean, Silas. But funny


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## TopCat (Mar 5, 2014)

James curtis said:


> Can you tell me if i can get in usa on a esta please if iv got 1 conviction and that is charged on a class c drug?? As dont want to apply for a visa as more expensive?  Is there any 1 whos traveled to states RECENTLY and not declared there offence and got threw ok/please help as iv tried contacting embassy but only automated service???


If you must, try travelling on a Disney package holiday via Florida then piss off and do what you have to when you get there. Try and look the part. Best as part of a family group. You will then get a stamp in your passport and that helps with future visits. If you get caught deny deny until you die. They will just throw you out at your expense.


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## ddraig (Mar 5, 2014)

James curtis said:


> Im going to florida for 3 weeks	 If i didnt declare this on esta do you think they will find out when i go threw customs????


if you go threwing customs about you are going daaaaahn
fyi it is "through"
how will they find out? how?


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## wanizame (Mar 6, 2014)

James Curtis, this is the facts as  they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.


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## James curtis (Mar 8, 2014)

wanizame said:


> James Curtis, this is the facts as  they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.


thank you so much for your advice i think im going to have to apply for a visa as i dont want to get al the way there with my 2children,girlfriend etc and have to be sent home on the next flight.  i went to florida in sep 2013 so as you say they have my prints so more likely to get pulled up.  thank you for your advice


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## 1927 (Mar 9, 2014)

James, if you have already booked your holiday you are a bit fucked really. If you apply for a visa with a drugs conviction you are more than likely going to be turned down. Whilst you may not technically be eligible foe a nests or the visa waiver program it I s really your only option now. Like all the advice in this thread has stated if you don't tell them how are they going to found out? You state that you went to USA  last year, did you have your conviction then?

As for the links from Wanizame above, have you tried reading them? The information in the links don't back up his comments and IMHO do not change any of the advice here to go to USA and keep Schtum!


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## trashpony (Mar 9, 2014)

I have to say I'm deeply suspicious of any poster who comes on here to post a single conspiraloon theory. And the fact that James went last year seems to contradict it


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## moody (Mar 10, 2014)

1927 said:


> Why do people bother reading this thread if they then go against everything that they get told?
> 
> The comment from USVISA above is a load of bollocks imho.
> 
> ...



just to reiterate this point,'

the us, does not have access to every single persons criminal record in the world. what kind of fuck off database would that require?


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## moody (Mar 10, 2014)

wanizame said:


> James Curtis, this is the facts as  they seem to be: The ESTA allows advance checking and there is now a record sharing program between the US and UK and others. I got stopped in 2009, did a bit of digging into this and it's based on what's known as the FCC or Five Country Conference Protocol (information taken from this FOI request, see the final link for the FCC report, p.16ish, the bit where it says 'some of these will contain both immigration and policing info' https://www.whatdotheyknow.com/request/us_access_to_uk_criminal_record)which agrees to sharing records of interest for the purposes of immigration, asylum, the prevention of criminal activity etc and is based on your fingerprints which they'll take at border entry....So if your dabs are in the system, it's highly likely they will emerge as will your conviction. My conviction doesn't really count under US law, (but i got arrested regardless which is sufficient to exclude you from VWP, the question is have you been arrested OR convicted, not whether it involves moral turpitude) but drugs seems to requires intent of distribution, possession doesn't seem to count and assault which might (a caution assumes an arrest) means you may have crimes of moral turpitude and have been arrested. Arrest makes you ineligible for the Visa waiver. You have more odds of getting caught if you've been in the country before because your prints will be in the system and if the random check draws a match, that's you.... I flew for four years before i got stopped. Failing to admit arrest or conviction at Immigration is also an offence so if you lie if you're asked, it's another strike....I said yes, spent a sweaty two hours in an interview room but got admitted, but was advised that I wouldn't be able to return again without a visa (I now have a ten year so it can be done and have been back). You may be returned on the next flight, right of entry is down to the admitting officials. If you get caught and returned your odds of reentering the US are minimal, it's ten years before you can reapply! More guidance here on what constitutes moral turpitude, but I'd get a visa...https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record.



what a load of shite, sorry.


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## shannon1967 (Mar 10, 2014)

hi everyone, I don't wish to annoy people with asking the same question, but everyones cases are slightly different , so this is why so many people post about it . I have been reading with interest , and just wanted ask an honest opinion . I got arrested in 1989/90 for shoplifting , it went to a small magistrates court and I had to pay a fine . I cant even remember the exact year but I know I was 17 at the time , I am now nearly 42. and I have booked to go to new York in September . I have never been arrested since , this is the only stupid crime I committed. I read a post on here that mentioned some exclusions in the crimes of moral turpitude , so I looked on the us state web page and I found this

U.S. Department of State Foreign Affairs Manual Volume 9 Visas
9 FAM 40.21(a) Notes  Page 1 of 26
9 FAM 40.21(a)  NOTES (CT:VISA-1810;  02-23-2012) (Office of Origin:  CA/VO/L/R)
9 FAM 40.21(a) N1  APPLYING INA 212(a)(2)(A)(i)(I)
9 FAM 40.21(a) N1.1  Determining Ineligibility (CT:VISA-1318;  09-24-2009)
When adjudicating a visa application for an applicant whom you (consular officer) have reason to believe has committed a crime involving moral turpitude, the officer must determine whether:
(1) The offense was purely political (see 9 FAM 40.21(a) N10);
(2) The offense committed involves moral turpitude (see 9 FAM 40.21(a) N2);
(3) The applicant has been convicted (see 9 FAM 40.21(a) N3); and
(4) The applicant has admitted or may admit that he or she has committed acts which constitute the essential elements of a crime (see 9 FAM 40.21(a) N5).
9 FAM 40.21(a) N1.2  Exceptions to Ineligibility (CT:VISA-1738;  10-06-2011)
Certain statutory exceptions may prevent a determination of ineligibility by reason of a conviction for a crime involving moral turpitude.  These exceptions relate to:
(1) Crimes committed prior to age 18 (see 9 FAM 40.21(a) N8 and N9); or
(2) Certain purely political offenses and convictions.

I am not very good at understanding the terminology, but does this mean that because I committed the crime under 18 I am ok ? I am probably not that lucky, but I would  really like your honest opinions please . sorry for the repeat question )


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## Onket (Mar 10, 2014)

Just don't fucking tell them. That's it.


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## ddraig (Mar 10, 2014)

init!
why is your case different shannon? why do you think the answer will be different to someone who has committed a more heinous and more recent crime?
why do you think they'd have a record?


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## shannon1967 (Mar 10, 2014)

Im not making light of my crime at all, im just interested in peoples opinions of the clause that mentions being under 18 , I was under 18 so I am unsure whether or not to declare it and apply for a visa , or just do the esta and not mention it due to me being under 18 at the time?


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## ddraig (Mar 10, 2014)

sorry, not saying you were making light of it. my opinion that it is/was a lot lighter than some crimes others have posted
good luck


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## Onket (Mar 10, 2014)

shannon1967 said:


> Im not making light of my crime at all, im just interested in peoples opinions of the clause that mentions being under 18 , I was under 18 so I am unsure whether or not to declare it and apply for a visa , or just do the esta and not mention it due to me being under 18 at the time?


Don't declare it because the only way they will know is by you telling them.


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## shannon1967 (Mar 10, 2014)

ddraig,when you say, why do I think they have a record? I don't know who you mean ? do you mean the us or uk police? this is why I am asking, will it flag up when my finger prints are scanned when I enter America ? I know they are repeat questions, but there is such mixed opinions, and some real scaremongering posts


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## shannon1967 (Mar 10, 2014)

thanks Onket , so there is no way it will come up at us customs?


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## ddraig (Mar 10, 2014)

i meant the us
there are far more knowledgeable than me on this thread that know and have experience of travelling back and fro to the states. most of these trusted posters say to not declare it


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## trashpony (Mar 10, 2014)

shannon1967 said:


> ddraig,when you say, why do I think they have a record? I don't know who you mean ? do you mean the us or uk police? this is why I am asking, will it flag up when my finger prints are scanned when I enter America ? I know they are repeat questions, but there is such mixed opinions, and some real *scaremongering *posts


Scaremongering is exactly what they are. 

No, it will not flag up when your dabs are taken when you enter the US. The US do not have access to the UK criminal database. Your prints may not even been on file any more. Just tick the no box on the ESTA


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## shannon1967 (Mar 10, 2014)

thanks trashpony, I honestly am very naïve about all this kind of stuff, I thought though they would keep my fingerprints forever. is it possible then that they might not have them anymore. do they only keep them for a certain amount of time ?


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## trashpony (Mar 10, 2014)

shannon1967 said:


> thanks trashpony, I honestly am very naïve about all this kind of stuff, I thought though they would keep my fingerprints forever. is it possible then that they might not have them anymore. do they only keep them for a certain amount of time ?


I don't know if my fingerprints are on file in the UK but I do know that I've been convicted of a crime in the UK and been fingerprinted. I've also been back and forth to the US numerous times and had my fingerprints taken on entering and never had any issue.


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## Onket (Mar 10, 2014)

shannon1967 said:


> thanks trashpony, I honestly am very naïve about all this kind of stuff, I thought though they would keep my fingerprints forever. is it possible then that they might not have them anymore. do they only keep them for a certain amount of time ?


Even if they are still on file in the UK, we are talking about the US, here.

The US have not got info about your record. Do not tell them about it. if you tell them about it they will have info about your record.


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## shannon1967 (Mar 11, 2014)

I do appreciate all your help and I understand you saying not to mention it , but the part I really wanted to know was whether or not those clauses, due to me being under 18 , mean I am not lying anyway by putting no?

U.S. Department of State Foreign Affairs Manual Volume 9 Visas
9 FAM 40.21(a) Notes Page 1 of 26
9 FAM 40.21(a) NOTES (CT:VISA-1810; 02-23-2012) (Office of Origin: CA/VO/L/R)
9 FAM 40.21(a) N1 APPLYING INA 212(a)(2)(A)(i)(I)
9 FAM 40.21(a) N1.1 Determining Ineligibility (CT:VISA-1318; 09-24-2009)
When adjudicating a visa application for an applicant whom you (consular officer) have reason to believe has committed a crime involving moral turpitude, the officer must determine whether:
(1) The offense was purely political (see 9 FAM 40.21(a) N10);
(2) The offense committed involves moral turpitude (see 9 FAM 40.21(a) N2);
(3) The applicant has been convicted (see 9 FAM 40.21(a) N3); and
(4) The applicant has admitted or may admit that he or she has committed acts which constitute the essential elements of a crime (see 9 FAM 40.21(a) N5).
9 FAM 40.21(a) N1.2 Exceptions to Ineligibility (CT:VISA-1738; 10-06-2011)
Certain statutory exceptions may prevent a determination of ineligibility by reason of a conviction for a crime involving moral turpitude. These exceptions relate to:
(1) Crimes committed prior to age 18 (see 9 FAM 40.21(a) N8 and N9); or
(2) Certain purely political offenses and convictions.

I wondered if I am just clutching at straws or whether Im not doing anything wrong by not declaring it anyway due to my age at the time ?


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## ddraig (Mar 11, 2014)

course your doing something technically wrong by not declaring it
2 choices as told to you over and over, there are no specialist lawyers here just people who have direct experience

1. tell the truth and not be able to go
2. don't let them know and be able to go

YOU decide


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## 1927 (Mar 11, 2014)

moody said:


> just to reiterate this point,'
> 
> the us, does not have access to every single persons criminal record in the world. what kind of fuck off database would that require?


There was some item on BBC yesterday totally unrelated, that stated that there are 9 million people in UK with some sort if record. The databases referred to able state that only 150000 records have been added to the list that is shared with USA. Now I am quite convinced that I am not one of the 150000 top crims in the country who's record has been disclosed.

Just go on holiday and keep quiet, unless you are a murderer or terrorist I'm sure you'll all be fine.


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## wanizame (Mar 11, 2014)

sorry so many disagree on what are basically fact based evidence, i'm pointing out the possible, not saying it will happen, but if you need to be contentious on other people's issues, feel free. I state this from history, knowledge and the fact of getting a ten year visa which was an expensive tiresome piece of work.


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## wanizame (Mar 11, 2014)

IT'S JUST LUCK OF THE DRAW: if biometrics match your records and your dabs are in the system, it's a one to however many of random bad luck, they do keep them, despite other people not liking a fact based and not subjective post about this,(see my earlier post) and if it happens, you're already out of luck, been there, done that, spent two hours in CBP, if the red card goes to your file on entry, be honest, denial will see you deported> I've never failed to sit in CBP and see someone deported, despite a visa. sponsorship and rights to and working in the US, I was held at each time and point of entry because i'm flagged as having an arrest record...in the US, civil protest is allowed and discounted from turpitude, Im a human rights campaign worker, but i expect this to happen because record sharing does exist, say what you will, but the only cards i'm  showing you are the ones that exist..and that includes record sharing. Like i already said, i flew for years before this became an issue. Every time i enter the damn country now is sheafs of paperwork. Minor offences should not show...only stress if you need an ACPO which is usually around work and culpability


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## wanizame (Mar 11, 2014)

moody said:


> what a load of shite, sorry.


Moody, facts are actually facts..not trying to be scaremongerer but neither am i trying to be irresponsible, the facts of record sharing do exist and advice, for me, consists of the fact that most people won't take the advice you give them, but will stop short of being arrested for ignoring words of 'you may want to look into this; caution> It's a forum, i'm relating my experience, it won't be everyones: Shannon, you should have gotten a PM, records for minors are wiped...no show


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## trashpony (Mar 11, 2014)

Your link refers to immigration and asylum requests, not people going on holiday to Disneyland for two weeks. That's what this thread's about. Applying for residence is a totally different thing - I've never bothered applying because I'm fairly sure I wouldn't get it


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## Onket (Mar 11, 2014)

wanizame said:


> Minor offences should not show...


This is the key bit, and what 90% of posters on the thread are talking about.


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## RedDragon (Mar 11, 2014)




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## wanizame (Mar 11, 2014)

Onket said:


> This is the key bit, and what 90% of posters on the thread are talking about.


I agree, i'm not aiming for scaremonger, just highlighting that if you have 'moral turpitude' (what kinda phrase is that anyhow, spare me from anyone who doesn't), then you may need a visa, otherwise fly and don't say anything


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## wanizame (Mar 11, 2014)

trashpony said:


> Your link refers to immigration and asylum requests, not people going on holiday to Disneyland for two weeks. That's what this thread's about. Applying for residence is a totally different thing - I've never bothered applying because I'm fairly sure I wouldn't get it


and i get the link to asylum/immigration requests, but the important bit was 'may contain policing'. It's how i got stopped after four years of travelling, the bastards started record sharing of 'troublesome, repeat travellers or people who're linked to lawbreaking in both countries': I quote my CBP officer...


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## wanizame (Mar 11, 2014)

wanizame said:


> and i get the link to asylum/immigration requests, but the important bit was 'may contain policing'. It's how i got stopped after four years of travelling, the bastards started record sharing of 'troublesome, repeat travellers or people who're linked to lawbreaking in both countries': I quote my CBP officer...


but i'm also going to say that my record was breach of the peace, twice, in ten years: (i learnt how to not get arrested or charged in human rights work eventually) and that's the basis i spent two hours in CBP and far too much time and money in the Belfast embassy on for a visa, I flew on VWP for years....it's luck of the draw, i think the only reason i got admitted eventually was the fact that my org would have made it much messier in PR if i didn't, if the argument wasn't enshrined in the US constitution that protest is a civil legal factor....i'm pretty sure i'd be learning humility in sufficient levels somewhere under the command of someone's government and right to capture! but BOTP was my initial refusal which is not turpitude and means those with higher arrest factors may face issues.but 10 years after the fact of last arrest, i got red carded....do not lie, i said yes, minor issues ( BOTP does not fall under turpitude, sweaty streamin down back whilst holdin best poker card face) i have seen so many people leave in shackles, and yes, they shackle, it's fuckin horrendous to watch and you're held in a public pen of plastic seats, no armrests, no restroon and a big red file to hold conspicuously with an open jury of TSA until you've sweated enough, but your charges will be dictated to the hearing of all the people sweating their ass off on brilliant orange designed to ergonomically funnel sweat straight down your back chairs...and wait. Despite a visa and work, i now do this every time i fly, i go to CBP i'm sure it's designed to upset> Or maybe i have conspiracy theories. that it surfaced ten years after the fact and got me that lovely few hours each time i enter is more alarming...thus the digging into how that became available


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## wanizame (Mar 11, 2014)

So, summary, if you need an ACPO, the ESTA isn't going to be useful....and yes they do check ESTA now,not comprehensive, it's advance  tick box summary of all flying...but if you're in Interpol, you might want to get the train....


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## wanizame (Mar 11, 2014)

trashpony said:


> I don't know if my fingerprints are on file in the UK but I do know that I've been convicted of a crime in the UK and been fingerprinted. I've also been back and forth to the US numerous times and had my fingerprints taken on entering and never had any issue.


i worked for the federal gov (US 501c) and they didn't only take fingerprints, they take full palm,  fingers, ear and facial scans, eye biometrics n all. i waited three months for federal clearance, thus i appreciate the irony of needing a visa even though i have federal level clearance! and i still had to jump through quite a few hoops... if you don't fall under turpitude, its just  bad luck and you might need to be prepared for random strike, but Onket, Trashpony yeah you're right i was applying for a work/ H visa which is much tighter on checks


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## wanizame (Mar 13, 2014)

1927 said:


> James, if you have already booked your holiday you are a bit fucked really. If you apply for a visa with a drugs conviction you are more than likely going to be turned down. Whilst you may not technically be eligible foe a nests or the visa waiver program it I s really your only option now. Like all the advice in this thread has stated if you don't tell them how are they going to found out? You state that you went to USA  last year, did you have your conviction then?
> 
> As for the links from Wanizame above, have you tried reading them? The information in the links don't back up his comments and IMHO do not change any of the advice here to go to USA and keep Schtum!


1927, there would be no substantial link to his comments given that i'm not masculine...:0P


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## wanizame (Mar 13, 2014)

Fez


Fez909 said:


> He's going to work in the USA. It's not just a holiday. He'll need a social security number and whatever else. And for that they need a J-1 visa. And the J-1 visa requires an ACPO cert, which shows any criminal convictions. He's have already seen his ACPO cert as her got it done himselves and it said, "no live trace" which means there is an expired caution. The US embassy will know this, and they will ask to see the Subject Access Report so they can judge exactly how serious the caution is, and then make a decision on that.


fez  is right, work visas, residence and subject access requests are much tighter, i spent a lot of money and time to get in including a 72 hour 2000 dollar round trip from DC to Belfast and then Scotland waiting on my visa being couriered back and that was after four weeks of paperwork... and back again, following getting stopped on entry first time in 2009 (having flown since 2005) and advised that a visa was the only way back in; to agree, the J1 does require an ACPO if you've been arrested: if this is an issue, you may need to reconsider how honest you need to be. No live trace simply states that you don't have a current flag, not that you have no issues: It won't be the case for everyone, but I had to fly and reapply every six months for a year until they were confident I was compliant and not 'seeking entry by other means'...but my record is common law breach of the peace and not turpitude, so the question became what are they sharing....


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## wanizame (Mar 13, 2014)

crap, as in restrained, choices of bad words... most people don't get this bit, it's have you been arrested or convicted, not whether it concerns turpitude


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## wanizame (Mar 13, 2014)

this is the status: 


gary stevens said:


> Okay, I have read this topic start to finish..here is my take on things...I am due to go to Florida in August with my family to get married, have been looking at everyones comments throughout the topic and started to worry as I have a conviction for GBH under section 20 without intent from 2000.
> So did some research.
> Firstly moral turptitude:
> Go here to the US department of state website for a full explanation on definitions of different crimes and whether they come under moral turpitude, for my example:
> ...


this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.


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## wanizame (Mar 13, 2014)

wanizame said:


> this is the status:
> 
> this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.


GBH is turpitude, however you might want to rationalise whats been done, crimes of violence will generally get a flag


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## wanizame (Mar 13, 2014)

Onket said:


> Just to confirm what others have said- the formal caution I got at 15 years old doesn't show up on my record either, bp90.


no, you're a minor, would be illegal to disclose under you're charged with a majority offence, ie, murder at the age of ten in scotland, arson at age 10 in england, etc


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## wanizame (Mar 13, 2014)

Shanir123 said:


> Hi all,
> 
> Just want to share my experience I booked a holiday last year for me and my boyfriend for feb 15th!
> 
> ...


Shanir, if it doesn't fall under COMT and carries less than a year conviction, it's mostly ok, it's bigger level stuff after that will land you in the smelly...or consisent arrest for non criminal like mine....human rights work is protected, but i wouldn't recommend that other people go down the happy path i've had to travel on..! mostly it's crimes of violence and against larger law that will show: there's a legendary reporter who,in the 1960's, on the then VWP/ ESTA form request of 'planning to overthrow the US government tick box wrote : sole purpose of visit...gotta admire that


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## 1927 (Mar 15, 2014)

wanizame said:


> this is the status:
> 
> this is the legal status: This is the legal status for US travel which is the bit that catches people, it's not crimes of moral turpitude, it's have you been arrested or convicted: The US embassy now states that anyone who has been arrested must apply for a full visa, rather than using the visa waiver scheme. Visa applicants must then pay the Association of Chief Police Officers (ACPO) Criminal Records Office (ACRO) to release their record to the US embassy as part of the expensive and time consuming application process. This has major implications for a large proportion of the population who may no longer be able to travel freely simply because they have been arrested.


You miss the point totally. What the US authorities want and what they get are different things. If you have a conviction , but do not tell them you will almost certainly not be detected . If you apply for a visa and disclose your convictions then the US authorities will know about them and likely refuse you. Keep quiet say nothing and you're in the clear.


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## co-op (Mar 17, 2014)

Isn't it just a basic rule of life not to confess anything to bureaucracies? It's usually pretty obvious what they want to hear so just say it, they are nearly always going to be far too lazy and/or incompetent to ever check. 

Has any one of the dozens of people who have posted on this thread ever come back and said "I was prevented from entering the US because they found my 20 year-old shoplifting charge" or whatever?


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## Onket (Mar 17, 2014)

No.


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## Prydeannie (Mar 17, 2014)

I'm looking to take my kids to Florida in the next few weeks. I was convicted of a minor assault in 1990. I went to work on a summer camp in the US a year later. I told them about the conviction at the time and was granted a visa. I subsequently travelled to Florida in 1994 and LA in 1999 for holidays and kept quiet with no consequences. Have things changed technology-wise so that my admitted conviction from 1990 will flag up when I enter the US?


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## Onket (Mar 17, 2014)

I don't think they've developed mind-reading technology yet, no.


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## Manter (Mar 17, 2014)

Jesus Mary and Joseph, what is with this thread?


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## ddraig (Mar 17, 2014)

High Google ranking I presume then all kinds of nervous people thinking their tale is different and someone will give them the all clear. Maybe


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## Prydeannie (Mar 17, 2014)

I'll be the first to admit I haven't read all 21 pages of the thread. I'm only looking to see if anyone has insight on whether the US will have a record of me having a conviction given that I admitted as such to them to get a visa back in 1991. I've no doubt that information was kept in a filing cabinet back then.


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## ddraig (Mar 17, 2014)

They prob did have computers in 91


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## Prydeannie (Mar 17, 2014)

So did I. A BBC.


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## shannon1967 (Mar 20, 2014)

the thing is, even with a  visa, I read that they still might turn you away. then you have given them every little bit of information  for nothing


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## Manter (Mar 20, 2014)

shannon1967 said:


> the thing is, even with a  visa, I read that they still might turn you away. then you have given them every little bit of information  for nothing


They can turn anyone away at any time. All countries can with anyone except their own nationals.


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## Onket (Mar 20, 2014)

And they are more likely to turn you away if you give them reason to.

So tell them nowt.


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## Dode (Mar 20, 2014)

Hi lads. Read this thread from start to finish and still shitting it. I have paid deposit for a cruise that includes 5 day stop in Florida with partner and parents. I was an idiot recently and arrested for assault (Scottish Law) and looks like I'll be pleading guilty soon. 

My questions are 1. Is this a crime of moral turpitude? I just cant work out if it is (maybe just cant see the wood for the trees) 2. Would the US have access to this as its such a new crime? 3. I will be obviously entering by port, does this make any difference?
The holiday company asked when I booked if I had been arrested (it was no then) they said nothing of moral turpitude.


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## joustmaster (Mar 20, 2014)

Dode said:


> Hi lads. Read this thread from start to finish and still shitting it. I have paid deposit for a cruise that includes 5 day stop in Florida with partner and parents. I was an idiot recently and arrested for assault (Scottish Law) and looks like I'll be pleading guilty soon.
> 
> My questions are 1. Is this a crime of moral turpitude? I just cant work out if it is (maybe just cant see the wood for the trees) 2. Would the US have access to this as its such a new crime? 3. I will be obviously entering by port, does this make any difference?
> The holiday company asked when I booked if I had been arrested (it was no then) they said nothing of moral turpitude.


I've got this one....

To recap every answer on the last 21 pages -

Don't admit to ever being arrested. You will be fine.

for bonus points:
Stop hitting people


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## Manter (Mar 20, 2014)

joustmaster said:


> for bonus points:
> Stop hitting people


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## Dode (Mar 20, 2014)

joustmaster said:


> I've got this one....
> 
> To recap every answer on the last 21 pages -
> 
> ...



Appreciate your answer and I wont ever again. Is it a crime of moral turpitude?


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## ddraig (Mar 20, 2014)

how the fuck do you think he knows? we are not immigration lawyers


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## joustmaster (Mar 20, 2014)

Dode said:


> Is it a crime of moral turpitude?


Sure, why not!


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## Dode (Mar 20, 2014)

ddraig said:


> how the fuck do you think he knows? we are not immigration lawyers



maybe he is?


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## Manter (Mar 20, 2014)

Why don't you fucking google a list of crimes of moral turpitude rather than asking a bunch of strangers on the internet?!


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## Dode (Mar 20, 2014)

because assault is listed as moral turpitude and also listed as not moral turpitude. Again cheers for the response.


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## Manter (Mar 20, 2014)

Right, let me explain this really, really slowly.

When you are looking for information, random strangers on the internet are not reliable.

Official sources are reliable.

If you want information on the regulations of the US state department, why not look up the regulations OF THE US STATE DEPARTMENT. 

Seriously, not difficult. 

Google is your Friend.

Look. I found it in 30 seconds

http://www.state.gov/documents/organization/86942.pdf

FFS


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## joustmaster (Mar 20, 2014)

Ok, everyone calm down... we don't want any moral turpitude kicking off in here...


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## trashpony (Mar 20, 2014)

joustie - immigration lawyer to the intermawebz


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## Onket (Mar 20, 2014)

Manter said:


> Right, let me explain this really, really slowly.
> 
> When you are looking for information, random strangers on the internet are not reliable.
> 
> ...


Can't go to that site, they'll track your computer and deny you entry.


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## Manter (Mar 20, 2014)

Onket said:


> Can't go to that site, they'll track your computer and deny you entry.


But they're already monitoring our calls so they know everything anyone discusses anyway. <<buys tinfoil>>


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## Prydeannie (Mar 20, 2014)

I like that Mayhem and Pandering are crimes of moral turpitude. The fact that I give my son sweets to shut him up means I can't get in. I see they also don't want you if you try (and fail) to kill yourself.


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## wanizame (Mar 22, 2014)

1927 said:


> You miss the point totally. What the US authorities want and what they get are different things. If you have a conviction , but do not tell them you will almost certainly not be detected . If you apply for a visa and disclose your convictions then the US authorities will know about them and likely refuse you. Keep quiet say nothing and you're in the clear.


1927, I'm not being an arse, i travelled for years and yes, then got pulled four years later, so it can happen and none of my arrests are bigger than Breach of the Peace, i did do the red card and hours in CBP and was told i was basically lucky to get in and have had to file for a visa since. Bad strike, luck of the draw call it what you will, but it's happened to me which means you have to rely on that random unlucky strike not hitting you


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## wanizame (Mar 22, 2014)

Manter said:


> But they're already monitoring our calls so they know everything anyone discusses anyway. <<buys tinfoil>>


\yep, we monitor everything but can't find a bloody missing Boeing....maybe not and you might not need that expenditure on tinfoil


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## wanizame (Mar 22, 2014)

wanizame said:


> 1927, I'm not being an arse, i travelled for years and yes, then got pulled four years later, so it can happen and none of my arrests are bigger than Breach of the Peace, i did do the red card and hours in CBP and was told i was basically lucky to get in and have had to file for a visa since. Bad strike, luck of the draw call it what you will, but it's happened to me which means you have to rely on that random unlucky strike not hitting you


 certain charges will flag you, this is my understanding, so repeat political protest, crimes of violence: in US terms, ABH, GBH and everything including domestic violence and over 18 months conviction and served are flags and the esta app acts as a forewarning, if you match the PNC list against the passenger check which is done it's bad random strike, but too late...thy're not asking for API (advance passenger info) because they want to email you marketing: Delta and Continental still both hold details of my detainment...it's relevant to them in case i show up a crazy person, but i see it every time i board one of their flights: Why would it say that: Oh, erm,


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## wanizame (Mar 22, 2014)

1927 said:


> You miss the point totally. What the US authorities want and what they get are different things. If you have a conviction , but do not tell them you will almost certainly not be detected . If you apply for a visa and disclose your convictions then the US authorities will know about them and likely refuse you. Keep quiet say nothing and you're in the clear.


and it goes on endlessly because people are insecure: can't fault them for that and as said internet forums may not be the best advice sources: Google doen't actually know everyting ( apart from your street address, car model and the colour of your cat in Street View)


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## ruffneck23 (Mar 22, 2014)

Prydeannie said:


> So did I. A BBC.




I had a bbc in 1983


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## Gingeinthecity (Apr 1, 2014)

Hi was wondering if someone could help me here..

Obviously like other people im concerned about a trip to the USA..around 2007/8 i sold several items on ebay that were never sent to their buyer, were not talking a large sum of money but its irrelevant in 2009 the CID contacted me to say the people i had sold the items to never recieved them and i had took the cash. By this point i no longer had the items. As such i admitted to commiting fraudlent activity on 4 counts from what i cam remember. I have never been in trouble before or since. - daft student days with no money

I had a 6/12 month suspended sentance, paid back money to a police fund and also served a large amount of community service.

I wont go into why i did it, it was stupid thing to do which i completely regret.

However skip to 2014 im a completely diffrent person who is now working and has a a partner we are now looking to go away to the USA at somepoint and i am worried about it.

Im unsure if i should say no to everything on the ESTA and see if i get in, or tell the truth and get denied completely.

Can anyone give me some advice..understand its not official advice but i dont know where to ask.

Thanks


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## joustmaster (Apr 1, 2014)

Gingeinthecity said:


> Hi was wondering if someone could help me here..
> 
> Obviously like other people im concerned about a trip to the USA..around 2007/8 i sold several items on ebay that were never sent to their buyer, were not talking a large sum of money but its irrelevant in 2009 the CID contacted me to say the people i had sold the items to never recieved them and i had took the cash. By this point i no longer had the items. As such i admitted to commiting fraudlent activity on 4 counts from what i cam remember. I have never been in trouble before or since. - daft student days with no money
> 
> ...


a far worse crime than fraud is not reading the last page or two of the thread before you post.


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## Gingeinthecity (Apr 1, 2014)

Hi joustmaster yeah i have read almost all of the 22 page thread, esp the last couple of pages are they are the most recent...I just want to know if anyone else has been in the situation before. I did see a guy whos son had did similar and just went but didnt get an update as to what happened.


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## ddraig (Apr 1, 2014)

dickhead
and extra dickheadishness for paying into the police fund!


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## Pickman's model (Apr 1, 2014)

i look forward to celebrating this thread's tenth birthday in 2016. perhaps it will survive to vote in future elections.


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## Onket (Apr 1, 2014)

Gingeinthecity said:


> Hi joustmaster yeah i have read almost all of the 22 page thread, esp the last couple of pages are they are the most recent...I just want to know if anyone else has been in the situation before. I did see a guy whos son had did similar and just went but didnt get an update as to what happened.


Why do you think your situation is different?


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## Gingeinthecity (Apr 1, 2014)

Didnt have a choice about that to be honest..and well no ones situatin is he exact same?


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## Onket (Apr 1, 2014)

Gingeinthecity said:


> Didnt have a choice about that to be honest..and well no ones situatin is he exact same?



It's the same.

Don't tell them.


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## Gingeinthecity (Apr 2, 2014)

Cheers man. Much appreciated.


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## Onket (Apr 2, 2014)

Good luck. Hope it all goes well.


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## Gingeinthecity (Apr 2, 2014)

Ill let you all know. This actually has been the best thread ive found, Hope it survives ill update what happens to me when i go. Thanks


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## 5t3IIa (Apr 2, 2014)

Oh, it'll survive alright  Make a note of what page your posts are on.


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## Mizza01 (Apr 10, 2014)

Hi All,

Is there any recent threads of anyone being rejected and/or getting through ok?

I'm going to Chicago next month with work and it's too late to go through the visa and interview process, so i'm going to have to chance it on the VWP and hope for the best. My boss doesn't know that I had anything on my record (which was 12 years ago and nothing since), which is now spent. There's no way I could tell him now. I certainly would have looked stupid if i'd have turned down the chance to go to Chicago, plus it's the one place i've always wanted to visit.

The majority of people i've read about have got through fine on the VWP, but would be good to hear what people on hear think and whether certain airports are worse than others, but obviously any details on Chicago O'Hare would be helpful and whether it really is something to worry about. Either way, I'm going. I will either get through ok, or I won't, and probably lose my job but it's a risk i'm willing to take and I think it's worth taking.

My offence 12 years ago was theft and fraud but nothing since and I didn't go to prison.

I will certainly post up what happend by the end of May.

Cheers peeps.


----------



## uk benzo (Apr 10, 2014)

Mizza01 said:


> Hi All,
> 
> Is there any recent threads of anyone being rejected and/or getting through ok?
> 
> ...



I know a few people with records who kept schtum and went through visa waiver into the US with no problems.


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## vstony10 (Apr 24, 2014)

Hi All

I and my husband have been planning to travel to the USA, next year to celebrate my 30th in 2015. Unfortunately recently  in march 2014 we both were convicted for fraud by misrepresentation . (driving insurance issue, i drove without insurance, husband told the insurance he drove and 3rd party ratted us out and long story short we both got 60hrs community service and £160 court fee) as fraud is definitely under the moral turpitude. I am quite wary of applying for a visa in case we get rejected. However since we got fingerprinted at the police station, if we risked it and went for the VWP,  we might get caught and get banned. we actually don't mind applying for the visa, as it still a year away, but just worried we might get rejected as no significant time as passed since the conviction . any ideas as to our success rate?


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## editor (Apr 24, 2014)

vstony10 said:


> Hi All
> 
> I and my husband have been planning to travel to the USA, for year to celebrate my 30th in 2015. Unfortunately recently  in march 2014 we both were convicted for fraud by misrepresentation . (driving insurance issue, i drove without insurance, husband told the insurance he drove and 3rd party ratted us out and long story short we both got 60hrs community service and £160 court fee) as fraud is definetely under the moral turpitude. I am quite wary of applying for a visa in case we get rejected. However since we got fingerprinted at the police station, if we risked it and went for the VWP,  we might get caught and been banned. we actually don't mind applying for the visa, as it still a year away, but just worried we might get rejected . any ideas as to our success rate?


As has been repeatedly stated throughout this thread, it's always going to be a gamble. You'll almost certainly be fine, but there is still a chance....


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## Tom_uk1980 (May 21, 2014)

Hi Guys.
Need you help. I know this topic has 22 pages already but I went through all the pages and could not find the answer.
Basically I have a criminal conviction (drug A possession) in 2005. I recently changed the job and my employer is sending me to US for training. As I am not British I am not eligible travel to US under the Visa Waiver Program, so I will need to apply for B1/B2 visa.
I am starting to worry now as I did not realized that US are very strict.
Just wondering if I got into trouble if I will not declare about my conviction. I know I will have to do an interview and all this, but is it really worth not to tell them and just try the luck? Which option is the best for me in this scenario where I have to go for interview anyway.

Thanks in advance


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## joustmaster (May 21, 2014)

Tom_uk1980 said:


> Hi Guys.
> Need you help. I know this topic has 22 pages already but I went through all the pages and could not find the answer.
> Basically I have a criminal conviction (drug A possession) in 2005. I recently changed the job and my employer is sending me to US for training. As I am not British I am not eligible travel to US under the Visa Waiver Program, so I will need to apply for B1/B2 visa.
> I am starting to worry now as I did not realized that US are very strict.
> ...



have you tried prayer?


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## Onket (May 21, 2014)

Rub your crb check with a lamb chop, put the lamb chop in a tan coloured drawstring bag, bury the drawstring bag under the dark grey boulder next to the signposts at the crossroads in the centre of town.

The person who digs up the bag and touches the lamb chop, will be imprisoned by border control, leaving you to enter the country at will.


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## mattonist (May 22, 2014)

Hi, Ive not had a chance to read all the pages on this post, so i apologise if my question has been answered. I have a caution for shoplifting from 9 years ago when I was 15. I have been granted a J1 student exchange visa by the embassy, I answered no to whether I had ever been arrested, they took my fingerprints at the embassy and still granted the visa. do they do more thorough checks for an actual work visa? does anyone have experience of going over the pond with a visa rather than through the VWP? Was I right in not declaring my caution? should I even get on the plane?


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## wiskey (May 22, 2014)

Onket said:


> Rub your crb check with a lamb chop, put the lamb chop in a tan coloured drawstring bag, bury the drawstring bag under the dark grey boulder next to the signposts at the crossroads in the centre of town.
> 
> The person who digs up the bag and touches the lamb chop, will be imprisoned by border control, leaving you to enter the country at will.



I thought we agreed we wouldn't tell people!


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## wiskey (May 22, 2014)

mattonist said:


> Hi, Ive not had a chance to read all the pages on this post, so i apologise if my question has been answered. I have a caution for shoplifting from 9 years ago when I was 15. I have been granted a J1 student exchange visa by the embassy, I answered no to whether I had ever been arrested, they took my fingerprints at the embassy and still granted the visa. do they do more thorough checks for an actual work visa? does anyone have experience of going over the pond with a visa rather than through the VWP? Was I right in not declaring my caution? should I even get on the plane?



never leave the house, it's safest.


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## Mizza01 (May 24, 2014)

Well got into Chicago no problem. Didn't even feel nervous. In fact I had a good old chat with the guys on immigration there. Wouldn't worry about getting pulled.


Mizza01 said:


> Hi All,
> 
> Is there any recent threads of anyone being rejected and/or getting through ok?
> 
> ...


----------



## ddraig (May 24, 2014)

cool
nice one for reporting back!


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## IIIUMINATI (Jun 2, 2014)

hi there, im also wanting to travel to the USA using the VWP but i have a criminal conviction and my sentence was 3 yrs 9 month for assault and robbery when i was a dumb teenager (18 yrs old) i am now 28 years old and have changed. Will the USA know of my criminal record as it was a high court charge.


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## Pickman's model (Jun 2, 2014)

slish66 said:


> *thanks ppl*
> 
> Thanks for replying ppl. I didnt think it would be that much of a big deal either, but the travel agent has advised us not to go, i suppose that is just to cover themselves really. Lol @ the pataks sauce.


have you been since?


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## MrSki (Jun 2, 2014)

IIIUMINATI said:


> hi there, im also wanting to travel to the USA using the VWP but i have a criminal conviction and my sentence was 3 yrs 9 month for assault and robbery when i was a dumb teenager (18 yrs old) i am now 28 years old and have changed. Will the USA know of my criminal record as it was a high court charge.


Read the thread. I expect the answer will be yes though.


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## ddraig (Jun 2, 2014)

IIIUMINATI said:


> hi there, im also wanting to travel to the USA using the VWP but i have a criminal conviction and my sentence was 3 yrs 9 month for assault and robbery when i was a dumb teenager (18 yrs old) i am now 28 years old and have changed. Will the USA know of my criminal record as it was a high court charge.


you are not a teenager at 18
sounds out of order whatever you did


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## joustmaster (Jun 2, 2014)

ddraig said:


> you are not a teenager at 18


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## ddraig (Jun 2, 2014)

ok ok it has 'teen' in it but 18 = adult no?


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## 5t3IIa (Jun 2, 2014)

ddraig said:


> ok ok it has 'teen' in it but 18 = adult no?



Oh just shut your face you nob


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## ddraig (Jun 2, 2014)

5t3IIa said:


> Oh just shut your face you nob


why? why so rude too?


----------



## 5t3IIa (Jun 2, 2014)

ddraig said:


> why? why so rude too?



Too? You admit you are a nob!


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## ddraig (Jun 2, 2014)

5t3IIa said:


> Too? You admit you are a nob!


no i was asking you why you were telling me to shut up and also why you were being rude about it too?


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## 5t3IIa (Jun 2, 2014)

ddraig said:


> no i was asking you why you were telling me to shut up and also why you were being rude about it too?



I'm not getting into a conversation - I'm just telling you.


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## ddraig (Jun 2, 2014)

5t3IIa said:


> I'm not getting into a conversation - I'm just telling you.


bad weekend?  
or given log in to boss?
grow up


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## 5t3IIa (Jun 2, 2014)

ddraig said:


> bad weekend?
> or given log in to boss?
> grow up



You grow up you massive stupid baby


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## ddraig (Jun 2, 2014)

5t3IIa said:


> You grow up you massive stupid baby


what have i done and why did you just appear on this thread to abuse me?


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## 5t3IIa (Jun 2, 2014)

ddraig said:


> what have i done and why did you just appear on this thread to abuse me?



Your very existence irritates me and yep.


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## ddraig (Jun 2, 2014)

5t3IIa said:


> Your very existence irritates me and yep.


aww bless, did the wind change?


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## ddraig (Jun 2, 2014)

anyone reading this thread wanting proper advice do please ask 5t3IIa as they are in the industry and have all the answers 
as well as fab customer service


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## Topher (Jun 3, 2014)

One thing that might put people's minds at ease that has been niggling away at me. IF you think US authorities can see your criminal record then why do we need to get certificates from the police outlining the offences. Surely if our own country need you to bring these then it would only make sense that they do not have this information beforehand. It would also make sense that if our own country do not have this information then how would another country? Then there's also the issue of criminal records being linked to passports. Now surely there's more than one peter Parker with the same date of birth. Food for thought


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## ddraig (Jun 3, 2014)

sensible noob posting on this thread! 
welcome and fair point init


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## russtheexcon (Jun 8, 2014)

Hi all,
I travelled to the us last year, family holiday of a life time to Walt Disney world. We landed at Sanford airport in Florida, myself and two brothers had no problems getting in. Both of my brothers have cautions for for minor juvenile offences, but I have been to prison 16 times for various drug offences, shop lifting, burglary and twoc. When the holiday was booked I must admit I was a bit worried, everykne seems to think the us government know everything about everyone. But reading this thread made me confident is was all bullshit. So glad I just lied on the ests and didn't apply for a visa. Thanks guys


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## ddraig (Jun 8, 2014)

nice one! great username too


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## I.P. Freely. (Jun 26, 2014)

I have a recent conviction for a public order offence, for which i got a fine, and a 3 year football banning order.

I've been to the states before, but i only had a few cautions then from years ago, and had no probs getting in.

Just wondering if anyone has been whilst on a football banning order?


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## Onket (Jun 26, 2014)

My tip is to wait until you've got your passport back from Old Bill after the World Cup.


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## 5t3IIa (Jun 26, 2014)

Yuk, violence. And rubbish username!


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## DaveCinzano (Jun 26, 2014)

5t3IIa said:


> Yuk, violence. And rubbish username!


But vast swathes of public order legislation are not related to violence, though?


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## 5t3IIa (Jun 26, 2014)

DaveCinzano said:


> But vast swathes of public order legislation are not related to violence, though?


'Football banning order'


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## DaveCinzano (Jun 26, 2014)

5t3IIa said:


> 'Football banning order'


Not all FBOs are violence-related. Not all recipients of FBOs have even been convicted of an offence.


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## Onket (Jun 26, 2014)

Banning Orders are horrible draconian legislation, 5t3IIa. Don't be so judgemental. Or else, etc

I seriously doubt the American's ability to access that information if there aren't any games during the time you're travelling, I.P. Freely.


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## Lovetotravel (Jun 30, 2014)

I have read pretty much all of this thread but for me its too late... I stupidly answered yes to have you ever been arrested bla bla bla... So I got an unauthorised email come back and Im now in the process of trying to get a Visa.
My ACRO has come back as No Live Trace, which I know means something in the past that is now spent.
My worry is that I have 3 things that are spent... from ages 12 15 and 25 all very petty theft total value of about £10!! absolutely ridiculous but I was taken to court on all 3 occasions and was given conditional discharge's and once a £10 fine.  So, I now have another form to fill in whereby they ask you to list what is on your record.  What should I do ? List all three or just the last one ? Im worried because its 3 offences.  Im also worried that now I have confessed to having been charged in the past that they may already be able to have access to 3 offences.  Does anyone know if they can find out and what they do at the interview  ?  I'm only going on holiday not planning on staying there. I'm 46 now so  these were over 20 and 30 years ago
The US Embassy website doesn't say anything about bringing an SAR if your certificate doesn't list your crimes it simply says to fill out a VCU1 form where you yourself have to list your crimes..... Same question again.. Do I write all 3 or should I just stick to the one I have already admitted when filling out the original B-2 Visa request form.


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## Favelado (Jul 4, 2014)

ddraig said:


> you are not a teenager at 18



Priceless.


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## Chris_Tian (Jul 7, 2014)

Hi all, need some advice. Basically when i was younger (12 yrs ago) i committed fraud was caught and given a community service and i didn't complete it. So there may or may not be a warrant for arrest for me. Would the US be able to flag this up and deny me entry if i filled in all no's on the ESTA? Thanks


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## ddraig (Jul 7, 2014)

do you think they have a record of every single offence going back 12 years?


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## Favelado (Jul 7, 2014)

ddraig said:


> do you think they have a record of every single offence going back 12 years?



That's his question.


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## ddraig (Jul 7, 2014)

answer them then smartypants


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## Favelado (Jul 7, 2014)

ddraig said:


> answer them then smartypants



Not an insult you're much troubled with I'd wager.

I don't know the answer to his question (singular). Hopefully, someone will be able to help. A search on behalf of a family member brought me to this thread, thus identifying Urban to me for the first time.


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## ddraig (Jul 7, 2014)

miaaaaw and meh


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## harpo (Jul 7, 2014)

Chris_Tian said:


> Hi all, need some advice. Basically when i was younger (12 yrs ago) i committed fraud was caught and given a community service and i didn't complete it. So there may or may not be a warrant for arrest for me. Would the US be able to flag this up and deny me entry if i filled in all no's on the ESTA? Thanks


The consensus on this thread is, no, if you don't tell them.  There are plenty of examples here of people travelling there with criminal records and having no problems.  However, once you tell them, they'll know for ever more and then it'll become a problem.  

Don't you have to apply for an online entry permit now before going?  If that comes back clean, no problems. 

This must be Urban's most oft-resuscitated thread.


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## Manter (Jul 7, 2014)

harpo said:


> The consensus on this thread is, no, if you don't tell them.  There are plenty of examples here of people travelling there with criminal records and having no problems.  However, once you tell them, they'll know for ever more and then it'll become a problem.
> 
> Don't you have to apply for an online entry permit now before going?  If that comes back clean, no problems.
> 
> This must be Urban's most oft-resuscitated thread.


It is the thread that won't die


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## Manter (Jul 7, 2014)

Chris_Tian said:


> Hi all, need some advice. Basically when i was younger (12 yrs ago) i committed fraud was caught and given a community service and i didn't complete it. So there may or may not be a warrant for arrest for me. Would the US be able to flag this up and deny me entry if i filled in all no's on the ESTA? Thanks


If you've read the thread you'll know the consensus is they'll never know. If we're wrong you'll be arrested. <<shrug>>


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## Pickman's model (Jul 7, 2014)

Manter said:


> It is the thread that won't die


just what i was about to post


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## Pickman's model (Jul 7, 2014)

Manter said:


> If you've read the thread you'll know the consensus is they'll never know. If we're wrong you'll be arrested. <<shrug>>


yeh no skin off our noses one way or another


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## harpo (Jul 7, 2014)

In the mists of time, this thread was about the consequences of getting to the US only to be collared by immigration.  A prospect that certainly put me off.  Now, you know before you even get on a plane whether ticking 'no' works.


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## Manter (Jul 7, 2014)

Pickman's model said:


> just what i was about to post


We get less and less helpful and people still ask the same bleeding question. If you read the first few pages people were quite nice....


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## Pickman's model (Jul 7, 2014)

Manter said:


> We get less and less helpful and people still ask the same bleeding question. If you read the first few pages people were quite nice....


before our milk of human kindness curdled


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## Manter (Jul 7, 2014)

Pickman's model said:


> before our milk of human kindness curdled


I'm trying to think of a pun about spillage and crying but I'm failing


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## Fatfig (Jul 8, 2014)

Have many,many friends who travel to the US with "records" on a very regular basis.

As has been said before many,many times the only certainty that they will find out is if you tell them.

"No" is your friend on the form


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## loumm79 (Jul 10, 2014)

ok i have read this from start to finish, i wanted to ask a question, i am traveling to florida (disney) with my young son and partner, both of us have a criminal record, myself is from 15 years ago serious assault, im not to concerned about this as i will say i though it was spent etc, its more my partner who 18 years ago was arested for burglary,nothing else untill 5 months ago where he was charged with battery and given a 12 month suspended sentance. when we were arrested years ago it was the old ink fingerprints, im thinking that theses might not be on the new system? alo a friend has been trying to scare me by telling me when she went her husband had his fingerprints taken and all his cautions came up from 18 years ago, is this true, now we aplied for estas and were accepted, having ticked no to the questions.  all we were told at travel agents is aplie for estas and go, now its only because of my friend saying about criminal records that i now know this, surely this must happen to hundreds of people, then they get to the airport and discover this, then america would be turning away a LOT of tourists. ok there are a few people on here who say they went and had no issues, ive yet to find anyone who has been refused entry on here, what do you think our chances are?


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## Fatfig (Jul 10, 2014)

If you are not a "wanted" person on Interpols lists or ever overstayed in the USA before you will be OK. The US does not have access to the PNC so your "record" wont show up with them. Now before somebody posts another "I have a conviction....." question PLEASE,PLEASE read the thread beforehand.

I have never found on the web any stories of people being turned away because of previous.

The fingerprints and pic are for their records to check if a crime is committed whilst visiting and more importantly to them that you have left the USA when you said you would.

https://www.nacro.org.uk/what-we-do...-records/travel-and-immigration,1652,NAP.html

https://www.gov.uk/government/publi...ormation-held-on-the-police-national-computer

Tick NO and enjoy your trip!


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## Lovetotravel (Jul 10, 2014)

Ok so I went to the Embassy today and this was the run down....
I arrived at 8.45 to find a massive queue already outside the Embassy.  You queue up and get ticked off a list also showing your passport print out of appointment and DS160 form.  You then get in the next queue where you eventually go through security which is the same type as at the airport.  You CAN take your mobile phones in which was brilliant because if you take a friend or relative they are not allowed in with you.
Once inside the Embassy you are given a number at reception, now I'm not sure what the initials stand for but mine was a V and most other peoples were an N, I think the N's could mean Emigrating or working Visa applications.
You then take a seat in amongst the maybe 300 people already there all looking at the same screen that bleebs whats seems to be every 30 seconds showing a new number.  This gave me the idea that things were moving pretty fast and that the talk of spending hours in there could be false!  Iet me tell you, I was there for nearly FOUR hours!!!   When your number comes up you go to the window specified where they ask for  your passport and DS160 form and also the V something or other form (the one where YOU have to write what your criminal record was about).  The guy seemed pleasantly surprised that I had done as the website said and brought it with me.  He then took my fingerprints on a light scanning machine.  He asked me the purpose of my trip to which I replied Holiday, he also asked if I had been issued a Visa before.
He typed a few lines and then said take a seat and wait.  This was the longest waiter EVERRRR... like 3 hours!!! The beeping drove me nuts and I went from being terrified to calm more times than I can remember.  When I eventually saw my number come up for the second time I went to a different booth.  The lady was very pleasant and I immediately felt at ease.  She asked me the purpose of my journey, what my job was and if I owned a house here.  Holiday, Bookkeeper, and yes was my answers.  She asked for my police certificate read my V page about my crime (shoplifting value £10 21 years ago) then said have you done anything since to which I replied no definitely not.  She then said I see no reason why you should not be admissible, you will get your visa in 3 to 5 days.... have a good day! I hope this helps someone.  P.S my Police cert said No live Trace which means you have a conviction/s that are spent. Oh and after me spending £5 on pics they didn't even ask me for one.. maybe the one I used for the DS160 form online was suitable to use for the visa


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## trashpony (Jul 10, 2014)

Or you could just lie and not go through all of that


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## wiskey (Jul 10, 2014)

Thanks for sharing though, as this thread does seem to be the go-to resource


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## loumm79 (Jul 10, 2014)

5t3IIa said:


> There are plenty of 'proper' answers on this thread and I don't have time to waste going over and over the same thing for people who can't read. You seem to enjoy continually licking this particular window though so go for it


 reason i asked the question again was because the charge was very recent and not years back like most the replies on here. just wanted to make sure


----------



## loumm79 (Jul 10, 2014)

Fatfig said:


> If you are not a "wanted" person on Interpols lists or ever overstayed in the USA before you will be OK. The US does not have access to the PNC so your "record" wont show up with them. Now before somebody posts another "I have a conviction....." question PLEASE,PLEASE read the thread beforehand.
> 
> I have never found on the web any stories of people being turned away because of previous.
> 
> ...


 thank you very much for the links


----------



## JV27 (Jul 20, 2014)

I know a lot of people have posted the same things on this but I'm travelling to Las Vegas in 3 weeks as my father has bought a small apartment there. I have a pending (very small 0.01g coke) drugs charge. I have plead not guilty and the next hearing is not till October. Will the border control be able to see this and will the fact my dad has bought a place make them check us any more? I also have my ESTA that is still valid from last year. (My father is also unaware of the charge so I'm hoping nothing shows up or I'll be deported and homeless)


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## ddraig (Jul 20, 2014)

0.01g?? couldn't you have just sneezed it away?

again, what do you think the answer will be?
and what are your options anyway?


----------



## editor (Jul 22, 2014)

ddraig said:


> 0.01g?? couldn't you have just sneezed it away?


I don't think that's very helpful at all.


----------



## ddraig (Jul 22, 2014)

no probably not, was the only reply they got too


----------



## 5t3IIa (Jul 22, 2014)

ddraig said:


> no probably not, was the only reply they got too



GET KNOTTED YOU


----------



## ddraig (Jul 22, 2014)

ah! the "helpful" one! 
correct answer to the query will surely soon follow


----------



## Bob jim bow (Jul 24, 2014)

Why on this do you think you can just throw mouth and abuse at people you seem to no nothing about the situation so why comment , answer to that is you seem like you have no life /friends or respect


----------



## joustmaster (Jul 24, 2014)

The best bit was when he threw mouth.


----------



## ddraig (Jul 24, 2014)

Bob jim bow said:


> Why on this do you think you can just throw mouth and abuse at people you seem to no nothing about the situation so why comment , answer to that is you seem like you have no life /friends or respect


and you joined up just to say that? 

what would your helpful advice to these queries be then?

I threw fingers not mouth btw


----------



## twelvetreesb (Jul 24, 2014)

COULD NOT GET VISA APPOINTMENT IN TIME - HAD TO LIE ON ESTA! EXTREMELY GRATEFUL FOR ADVICE PLEASE PLEASE HELP, SO STRESSED!

Hi guys, i seem to have got myself into a very sticky situation.

I am travelling to panama for a month holiday with my girlfriend in less than two weeks. We are in transit in Atlanta airport for 3-4 hours, and for this short stay i still need a US visa... with two weeks to spare, i proceeded to sort out my visa, initially attempting the ESTA route. 

When i was 17, i was arrested for possession of a small amount of weed, after which i was given a 'youth reprimand'  (youth equivalent of a caution) which i was told would be wiped off my record after 2 years...

SO, Because of this i decided that i would take the safe route and apply for a visa rather than lie on ESTA application by saying i hadn't been 'arrested or convicted' of drug related offences. i filled out the DS-160 form, where I declared my arrest. I then proceeded to book an appointment, only to find the first available one was on 10 sept 2014 (OVER A MONTH AFTER I AM DUE TO FLY)... 

I then called the extremely un-helpful US embassy, who told me that i can get an emergency appointment, all i have to do is book the nearest appointment and from there book an emergency appointment. After booking the appointment for 10 sept (paying 100£), i see that only applicants with extremely special circumstances (medical, scholarly etc.) can get an emergency appointment. (IM SCREWED!)

I am then left with no choice but to cancel my appointment, and go via ESTA, answering 'NO' to the drug arrest/conviction question, the application is approved. 

MY QUESTIONS:

- Upon arrival in the US, will they have access to my in-complete visa application where i declared my arrest?
- If they realise, will they deport me straight away, or rather put my on my flight to panama (leaving 4 hours after I land)?
- Do I have to pay for my flight home if they send me home?
- Will they consider/care about the fact that if they send me home my girlfriend will have to travel to dangerous panama alone!?

I have the option of buying a new one-way flight (minimum 1000£) to panama which does not go through the US.

WHAT DO I DO?????? SHOULD I TURN UP AND HOPE THEY OVERLOOK THE INCONSISTENCY OR BOOK A NEW FLIGHT AND LOOSE NEARLY £2000

WHAT A MESS!!! ALL ADVICE MUCH APPRECIATED


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## ddraig (Jul 24, 2014)

5t3IIa - your exquisite customer service skills and expert insight can help this poster! surely


----------



## editor (Jul 24, 2014)

twelvetreesb said:


> COULD NOT GET VISA APPOINTMENT IN TIME - HAD TO LIE ON ESTA! EXTREMELY GRATEFUL FOR ADVICE PLEASE PLEASE HELP, SO STRESSED!
> 
> Hi guys, i seem to have got myself into a very sticky situation.
> 
> ...


I'm afraid all you're get is the same advice that's been dished out for ages. Most probably you'll be fine but if for some reason they decide to look a bit closer, then you may come unstuck.


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## Bob jim bow (Jul 24, 2014)

I was just saying like there is no need to throw abuse I'm flying on the esta in December like these threads has helped and I no a lad who flew there with multiple convictions got there flew around America and found a wife and now is living there so that might put people's minds off the fact about getting turned away there is thousands  thousands of people flying on esta forms daily think if they wanted to question you they would stop every single 1 of them people it's if your wanted as someone said before obviously if your flagged up no chance but like look it at how many people fly on it with records or not just take it off your mind and everything will be fine go worrying then you will just worry worry and worry to the stage where you will just wanna go visa route and get declined and be banned for years so my advice is to take the full on risk and have a good holiday


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## ddraig (Jul 24, 2014)

well done you and sure your first hand experience will be useful for others reading this

btw it is 'know' not 'no'


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## 5t3IIa (Jul 24, 2014)

ddraig said:


> well done you and sure your first hand experience will be useful for others reading this
> 
> btw it is 'know' not 'no'



Why do you do this?  Can't you go spread your manure over some other thread? What's your compulsion with this one?


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## ddraig (Jul 24, 2014)

5t3IIa said:


> Why do you do this?  Can't you go spread your manure over some other thread? What's your compulsion with this one?


what have i done wrong there? the well done was genuine
and why don't you help or do as you tell me to and fuck off?


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## 5t3IIa (Jul 24, 2014)

ddraig said:


> what have i done wrong there? the well done was genuine
> and why don't you help or do as you tell me to and fuck off?


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## Bob jim bow (Jul 24, 2014)

Lol we'll it's common sense if uk don't share data with usa then if they wanted to stop these criminals they would do a check on every person on a esta form


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## Bob jim bow (Jul 24, 2014)

And yes it's a first but like I've spoken to a lad a lot about this who had the same situation


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## twelvetreesb (Jul 24, 2014)

yes I am pretty confident they do not check everyone on ESTA but I am concerned that because I have admitted on my VISA application that I was arrested that the information will clash and the system will pick up on the inconsistant answers on the two applications


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## trashpony (Jul 24, 2014)

twelvetreesb said:


> yes I am pretty confident they do not check everyone on ESTA but I am concerned that because I have admitted on my VISA application that I was arrested that the information will clash and the system will pick up on the inconsistant answers on the two applications


You're just going to have to take that chance I guess. Or have a look back through the 25 pages of this thread and see if anyone else has done that. I can't remember


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## Bob jim bow (Jul 24, 2014)

It will flag up I have been reading on another page if you have gave your details into the usa embassy then it's going to be on the usa date the hint is in the 'usa embassy'


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## Bob jim bow (Jul 24, 2014)

I wouldn't waste the money on the trip I've been worrying for months it had this booked 6months ago but I decided to not to worry anymore these pages has helped and so has talking to people who has gone through you should of looked up details before but like tbh if you want to take the chance do it I'm not 100% shore but like i don't no how you would of got approved a esta if it was usa data


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## Manter (Jul 24, 2014)

The thread that just keeps giving....


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## torquemad (Jul 24, 2014)

I am so fucking glad I am only going to Skeggy for my hols. No visa worries, no arsey immigration officials, decent fish and chips and won't need to miss any episodes of Corry.

And my criminal record will only be between me and my probation  officer. Fuck him, and all.


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## trashpony (Jul 24, 2014)

Manter said:


> The thread that just keeps giving....



When it's all fields around here, still they will come


----------



## Frances Lengel (Jul 25, 2014)

Manter said:


> The thread that just keeps giving....



Any ddread with thraig on it adds up to value for money.


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## skyscraper101 (Aug 12, 2014)

Don't know how many people know this (or if its already been mentioned) but if anyone wants to play it reallllly safe, you can get pre-clearance at Dublin (and Shannon I think?) to enter the US, so if you didn't want to risk a 7 hour flight and all that malarkey at the end, you could start there and get it over with, then go straight to baggage collection in the land of the free.


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## Lam7 (Aug 22, 2014)

Hi, just wondering what happened to twelvetreesb and his problem with the visa application before the waiver? I am in a similar situation in that I have submitted the DS 160 form to begin the visa application process, however now believe that was a mistake as an ESTA would gave been sufficient. 

Does anyone know where the information goes? Would it be linked to the passport on arrival in the US? 

Thanks for any help!


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## bmd (Aug 22, 2014)

Lam7 said:


> Hi, just wondering what happened to twelvetreesb and his problem with the visa application before the waiver? I am in a similar situation in that I have submitted the DS 160 form to begin the visa application process, however now believe that was a mistake as an ESTA would gave been sufficient.
> 
> Does anyone know where the information goes? Would it be linked to the passport on arrival in the US?
> 
> Thanks for any help!


 
Ring immigration and ask. As long as you keep the call below 30 seconds and route it through China you should be ok. Check Bourne films for further info. 

But seriously, ring the UK embassy and ask. Just say it's a general enquiry or make some excuse up.


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## Arnie (Sep 22, 2014)

Hey Peeps,

Having read alot of this thread, I guess im looking for peace of mind more than anything.

Looking to travel to Florida with my partners family in March time for a holiday. Luckily this is being paid for by my partners step dad, unfortunately a member of the travelling party was convicted of cultivation of cannabis some 5 years ago. Although no custodial sentance was served a fine was the only outcome. From reading through this thread my opinion is not to declare the offence and fill in the ESTA with no to all questions regarding drug offences. Once again, I have read the US and UK do not share criminal records, Im assuming this is still the case unless anyone knows any different ?

The last thing the person in question wants is to get to the States and be refused entry in front of the family and have the shame of it all coming out as they know nothing of the conviction. Or indeed to be refused entry on to the plane in the UK. 

Any advice greatly appreciated.


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## ddraig (Sep 22, 2014)

someone you met eh?


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## Arnie (Sep 22, 2014)

ddraig said:


> someone you met eh?



Could be


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## 1927 (Sep 22, 2014)

Arnie said:


> Hey Peeps,
> 
> Having read alot of this thread, I guess im looking for peace of mind more than anything.
> 
> ...


Well he has 2 choices. Apply for a visa and 100% guarantee refusal and bar on entry to USA. For 10 years. Or blag it and answer no to everything and get an Esta, and take chance. There is no 3 rd way. It's one or the other. If he takes the chance he may get in, declare it or apply for visa and it's a definite no. Guess his 3rd option would be to pull put of the trip now, thus saving yourself, I mean him, the trouble of being found out for your, his, previous convictions!


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## Arnie (Sep 24, 2014)

Thanks for the replies.

Is it possible for the authuorities to know about a conviction before leaving the UK when scanning a passport for travel to the States, or if indeed your passport gets scanned before leaving. Would a passport hold such information at all ??


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## 5t3IIa (Sep 24, 2014)

Arnie said:


> Thanks for the replies.
> 
> Is it possible for the authuorities to know about a conviction before leaving the UK when scanning a passport for travel to the States, or if indeed your passport gets scanned before leaving. *Would a passport hold such information at all ??*



No


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## Dinosaur (Sep 25, 2014)

Arnie said:


> Thanks for the replies.
> 
> Is it possible for the authuorities to know about a conviction before leaving the UK when scanning a passport for travel to the States, or if indeed your passport gets scanned before leaving. Would a passport hold such information at all ??



rofl.. 

I've read so many of these posts, for people who are lying by ticking "no" consider my recent experience; 

A few weeks ago I traveled to the US, I have a criminal record for a crime involving moral turpitude 7 years ago, I'd been twice before on an ESTA without any issues, when I got to the immigration desk I was pulled aside and taken into a room - I sat there with a few very worried looking people, wondering "wtf wtf wtf" before the immigration officer started doing a whole load of checks on me and talking to people in Washington DC, asking me all manner of questions, it turns out that the airline had screwed up my check-in details by not including my middle name, so it wasn't finding me on the database.. 

They stamped my passport and let me on my way, 

So, even though I got pulled aside for additional questioning, my criminal record didn't show up - and it was all fine, they have no access to anything on the PNC, only Interpol (which would only include very serious stuff)

Stuff held on the PNC is guarded like fort knox, subject to the data protection act and not available to anybody outside the EU without protection - this is why if you want to live or work there, they ask you for your ACPO certificate (you need to provide this because they can't get it themselves) 

But I will admit, I shit myself when I got pulled aside lol..


----------



## pseudonarcissus (Sep 25, 2014)

Dinosaur said:


> rofl..
> 
> I've read so many of these posts, for people who are lying by ticking "no" consider my recent experience;


my goodness, you really aren't posting in the spirit of this thread, this thread is for the slightly paranoid only....you read previous posts....and then actually provided useful, first hand experience!

welcome


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## Pickman's model (Sep 25, 2014)

this is the thread that refuses to die


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## Manter (Sep 25, 2014)

Pickman's model said:


> this is the thread that refuses to die


I still don't understand why so many criminals are sooooo desperate to go to the USA


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## Pickman's model (Sep 25, 2014)

Manter said:


> I still don't understand why so many criminals are sooooo desperate to go to the USA


it's easier if they've done something REALLY bad, like war crimes, which will see them ushered through immigration at dc.


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## Manter (Sep 25, 2014)

Pickman's model said:


> it's easier if they've done something REALLY bad, like war crimes, which will see them ushered through immigration at dc.


I thought Spain was traditional for minor wrong 'uns, but apparently the costa del crime has had it's day. . ((Spain))


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## BandWagon (Sep 25, 2014)

Pickman's model said:


> it's easier if they've done something REALLY bad, like war crimes, which will see them ushered through immigration at dc.


Yeah, Tony Blair got in OK.


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## Dinosaur (Sep 26, 2014)

Another thing worth pointing out, 

The USA offers the ESTA visa-waiver program to 37 countries, including the UK. Take into account that each country will have its own "home grown" criminal records system, completely different from the next - some will be advanced and well secured/maintained like the UK, others will most likely not be so good.. 

For the USA to be able to check the criminal histories, for people from 37 different countries, in any sort of automated fashion, where every system is completely different (I.T infrastructure, language, formatting, information retention, etc) would be an absolute engineering nightmare, it would cost so much money, be so difficult to achieve - and also require the consent of 37 different police forces - it's not going to happen anytime soon, and if it was physically possible - they'd hook it into the ESTA system, so the whole thing would be like getting credit-checked for a loan, rather than you manually telling them the information like you do today.

This is why Interpol exists - (I-24/7) and all immigration desks connect directly into it, and it contains data on people who are known security risks and with serious criminal histories, (Drug traffickers, terrorists, people smugglers etc) - not John Smith, who got community service for smashing up a bus shelter when he was 18 and drunk.

The only thing I would say, is that if you turn up at immigration - and they have reason to believe (for whatever reason) that you have some sort of criminal history, they could theoretically get Interpol to manually get the police to check on the PNC on a one-to-one basis, but I've never heard of this happening to anybody in trawling the entire internet several times - there simply aren't any reports of this happening, 

If it were commonplace, that people were being turned away for criminal records at immigration I'm pretty sure the internet would be crawling with very upset jetlagged individuals, but as far as I can tell - I can't find any (there are a few idiots who told the US embassy they were arrested, then tried to travel on an ESTA and got sent back obviously, but they don't count) 


*** Disclaimer! ***

The above information is not offered as advice, if you have a criminal record you *should* get a VISA, and I do not recommend telling lies during any immigration process,


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## Arnie (Sep 26, 2014)

Great advice Dinosaur, and makes complete sense, certainly will put the minds at ease of a few slightly paranoid few


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## ddraig (Sep 26, 2014)

brilliant 
all future new posters on this thread please refer to post *758*


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## curtainsplitter (Oct 5, 2014)

Hi everyone. I'm someone who joined the forums after I have been doing a lot of research. About 5 years ago I went through a bad patch in life where a man racially assaulted my family and harassed them and tried to stab my mother when she had my 2 year old sister in her hands. I smashed up his car and pleaded guilty for criminal damage to the matter. I also afterwards got in a few fights and never let the matter go with the man so got a caution for harassment. After that I had a few fights and was arrested but never charged with anything. This was all 5 years ago. Last year I found out my mum had cancer and I couldn't afford the car insurance renewal cost so I falsified a document to get cheaper insurance. The insurance company sussed on and told the police. I was told to come into a voluntary interview and I admitted I had done this and the reason why and explained that when I did it I wasn't thinking and wasn't in a good mental state, the police gave me a caution for insurance fraud and told me never to do it again. I therefore have 1 conviction and 2 cautions on my file. I've turned my life around now and decided to live honestly and my mum recovered from cancer in the end which I took as a blessing from god. I decided to change my life with music and went as far as to be in newspapers and have been appointed an ambassador for the 'b someone' scheme by the department of health and young children, which is a scheme for inspirational ambassadors of communities. I am at university now doing tourism and music as a degree and they know about my convictions and weren't bothered, I believe the ones from 5 years ago are spent and since then i've been in no trouble apart from the caution last year. I have had some friends go to the USA for a placement year with university and I decided not to go but to just do my degree and finish it. In January I wanted to go and see them for 7 days but I've read the USA is very strict and I'm really confused about the process. Should i apply via ESTA and if declined go for a VISA application? If I go for a VISA application do I need a APOC (I believe its a criminal record certificate as such?). What do you think my changes of getting a VISA are?


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## Onket (Oct 5, 2014)

I'm glad your Mum recovered, but God doesn't exist.


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## curtainsplitter (Oct 5, 2014)

Thanks Onket. Your probably right but its good to belief in something. In my case whats the best thing to do..Should I go for an ESTA ??


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## Manter (Oct 5, 2014)

We don't know. We're random strangers on a message board.


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## curtainsplitter (Oct 5, 2014)

I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest


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## Manter (Oct 5, 2014)

We don't care, really. You're just a random stranger on the internet too


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## MrSki (Oct 6, 2014)

curtainsplitter said:


> I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest


Read the 25 pages of this thread and make your own mind up.


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## Onket (Oct 6, 2014)

curtainsplitter said:


> I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest


Lie on the form.

That's it.


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## ddraig (Oct 6, 2014)

curtainsplitter said:


> I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest


paragraphs maybe?


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## pogofish (Oct 6, 2014)

curtainsplitter said:


> I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest



Did you actually read the thread - or even just the post a couple above yours?

Or are you just going to keep posting your story on board after board without checking available info until someone you don't know gives you the answer you want?


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## tom monk (Oct 6, 2014)

twelvetreesb said:


> COULD NOT GET VISA APPOINTMENT IN TIME - HAD TO LIE ON ESTA! EXTREMELY GRATEFUL FOR ADVICE PLEASE PLEASE HELP, SO STRESSED!
> 
> Hi guys, i seem to have got myself into a very sticky situation.
> 
> ...




you manage to get in to the US? in the same situation and due to fly on sataday


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## Spymaster (Oct 6, 2014)

ddraig said:


> paragraphs maybe?



That's quite funny for you.


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## trashpony (Oct 6, 2014)

tom monk said:


> you manage to get in to the US? in the same situation and due to fly on sataday


Read the last page of this thread.


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## Spymaster (Oct 12, 2014)

I was filling out an ESTA app today and the question seems to have changed.

Last time I did one I'me pretty sure the question was along the lines of 'have you ever been arrested/convicted for _anything_' or words amounting to similar. 

Now it seems to be a lot less restrictive:



> B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? ***



So now it seems that if you're not a moral turpituder, haven't been done for drugs and are not a trafficker, and haven't done 5 years bird, you can still use the visa waiver.


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## 1927 (Oct 12, 2014)

Spymaster said:


> I was filling out an ESTA app today and the question seems to have changed.
> 
> Last time I did one I'me pretty sure the question was along the lines of 'have you ever been arrested/convicted for _anything_' or words amounting to similar.
> 
> ...


It's always been about moral turpitude. Bet the question about being a war criminal sorts the wheat from the chaffe tho!


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## Spymaster (Oct 12, 2014)

Moral turpitude has always been in there, but before there was also a question asking if one had _ever_ been arrested or convicted for anything, which was pretty catch-all.


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## free spirit (Oct 12, 2014)

Does anyone ever answer yes to those questions?

Are they really just there to weed out the criminally stupid or something?


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## Spymaster (Oct 12, 2014)

free spirit said:


> Does anyone ever answer yes to those questions?
> 
> Are they really just there to weed out the criminally stupid or something?



This one made me grin ....



> C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were you involved, in any way, in persecutions associated with Nazi Germany or its allies? ***



_Are you now involved in_ ....


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## 1927 (Oct 12, 2014)

Spymaster said:


> This one made me grin ....
> 
> 
> 
> _Are you now involved in_ ....


I believe it was very successful in stopping Russian spies entering the country during the Cold War! Lol


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## Onket (Oct 14, 2014)

http://www.entertainmentdaily.co.uk...viction/?pub_id=44&w_id=&pd_id=&link_id=31898

She should have lied on the form.


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## Dinosaur (Oct 28, 2014)

curtainsplitter said:


> I see! Sorry I thought people had experience here. I'm really unsure what to do to be honest



From what you've said about your conviction/caution, If you follow the rules you need to apply for a tourist visa - no exceptions.

However, I read that CBP are currently reviewing applications from UK citizens with cautions, because they're unsure how to treat them, (it's not technically a conviction, but you are basically admitting to committing a crime) this is resulting in severe delays for people with cautions making visa applications (I've heard as long as a year) 

You have two choices; 

Apply for a VISA - wait as long as a year and probably get denied (recent caution for fraud with previous convictions, all CIMT)

Tick "NO" to the ESTA online form, (I almost guarantee it'll come back as approved) put on your poker face and go through customs, unless there's more to your history, or something you're not telling us - I'm 99% sure you'd get through. (I know people who've done serious jail time who walk through on a regular basis..)


Also, bear in mind - if you apply for a VISA and it's denied, then there's no chance of an ESTA (it'll auto-deny you based on your passport number/name/DOB) 


*Bear in mind, if you tick "NO" and in the unlikely event you're found out - prepare to bear the consequences*


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## pogofish (Oct 28, 2014)

Dinosaur said:


> *Bear in mind, if you tick "NO" and in the unlikely event you're found out - prepare to bear the consequences*



A wasted effort I'm afraid - That poster chickened-out some weeks ago and went for a visa application after "*OBEY!*" faction on another board convinced them to.


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## Dinosaur (Oct 30, 2014)

rip 

Cautions really are a total nightmare,

When I got busted (for defending myself from an attacker) I got told "Oh - you should just accept a caution, it'll be gone in 5 years and unless you want to work with children, it isn't a problem) 

The ****** solicitor never said anything like "oh, btw... you'll struggle to go on holiday to an annoying amount of destinations, oh... and btw - nothing disappears from your *record* at all, it stays on the PNC until you're 80 years old" 

The rehabilitation of offenders act, is the biggest waste of time, it means absolutely nothing - I've filled out no end of CRB forms (for my job) and they all say "you must disclose all cautions/convictions, even if they're stepped down" wtf is the point, it's just bollocks.


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## loumm79 (Oct 30, 2014)

I almost cracked today and went visa route but my partner is refusing to give them his info. Clock is ticking we dont have time for visas now. But I will come back and tell my tail of joy/sorrow.


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## pogofish (Oct 31, 2014)

Dinosaur said:


> When I got busted (for defending myself from an attacker) I got told "Oh - you should just accept a caution, it'll be gone in 5 years and unless you want to work with children, it isn't a problem)



Yup - I was in a very similar position some years back and refused as well.  The charges evaporated rapidly, despite the police being so emphatic that taking a caution was the "easiest" option for me.


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## Dinosaur (Oct 31, 2014)

loumm79 said:


> I almost cracked today and went visa route but my partner is refusing to give them his info. Clock is ticking we dont have time for visas now. But I will come back and tell my tail of joy/sorrow.



Unless you're a terrorist, have some insane history of people/drug trafficking , or are a known threat to society, simply apply for an ESTA - tick no all the BS questions, watch the "AUTHORTISATION APPROVED" message come in, and go on your trip, 

The chances of them finding out are so small I wouldn't lose much sleep over it..


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## uk benzo (Nov 1, 2014)

Dinosaur said:


> rip
> 
> Cautions really are a total nightmare,
> 
> ...



You say that, but I was cautioned in 1996 when I was a very young adult. Fast forward to 2013- I was required to submit an enhanced DBS application for a job that I had applied for. I shat my pants. I got the enhanced DBS certificate back with "Police records of convictions, cautions, reprimands and warnings: None recorded", which was a massive relief. Although the caution would probably come up if I had applied for a job at the MI5 or something similar.

From my understanding, I think the Metropolitan police force 'weeded' (deleted) cautions from there system that were deemed relatively inoffensive, for example non-violent offenses, and were 5 years or older pre-Soham murder case (2002). Following the murders, they became a lot more stringent with their criteria and i think they stopped weeding completely in 2006. So basically, if you were cautioned by the met pre-1997, there is a strong chance that the caution was weeded.


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## Onket (Nov 1, 2014)

I got a caution in about 1991 (not the Met) and it's never shown up during subsequent arrests, nor on any CRB checks.


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## wiskey (Nov 1, 2014)

i have MPS cautions from 99-01 which don't show up on DBS checks.


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## Sarah Haywood (Nov 2, 2014)

Ok I just wanted to share my own experience on travelling to the US with a criminal record.

Both myself and my partner have recently returned from a fantastic 2 week holiday in Florida, my partner does have a criminal record for CIMT from 13 years ago ( I won't go into detail as it isn't really anybodys business).

After reading all the forums online we decided to tick no on the Esta as the general consensus is that they have no 'instant' access to our UK PNC.

The weeks leading up to the holiday were worrying and I just kept thinking the worst was going to happen, the flight felt even longer and by the time plane landed in Sanford I was a bag of nerves!!

We waited in line at immigration for what seemed like an eternity, on going up to the immigration desk we did have an immigration officer from hell who neither smiled or made eye contact with us. He slowly went through every single page in our passports while looking at his computer screen.

I was stamped and given the all clear but my partner was questioned on why he has visited the middle east in the last few months (ex army who now works in private security). My partner explained and went on to show him his ID cards to which the officer then just said 'that's fine' and sent him through.

There was no mention of his criminal record from 13 years ago which confirms they do not have access to our PNC. However I would say that if your 'well traveled' they may want to question you further.

Just wanted to share my own success story as I know the ones I read before we flew out there really helped me.


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## not-bono-ever (Nov 12, 2014)

right. I think this topic can be locked down now.

good work Sarah


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## Onket (Nov 13, 2014)

I dunno, as soon as we're on page 27, Sarah Haywood's post may as well be on the moon.


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## Mexas (Nov 18, 2014)

I guess this hasn't posted yet but they have changed the ESTA questions, no more moral turpitude! The question now reads:

2) 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? *

How serious is serious? ha!

It's good for me as I can now honestly answer no to that question. MT was too vague.


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## ddraig (Nov 18, 2014)

nice one!
got a link?
welcome!


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## Mexas (Nov 18, 2014)

I found it as i needed to fill out the esta and was intending to say no to the MT question 

This link seems to mention the change, http://abta.com/news-and-views/news/changes-to-us-esta


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## Mexas (Nov 18, 2014)

I just replied with a link but its waiting mod approval.

You can just open up the esta form and check though, without having to submit it.


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## Mexas (Nov 18, 2014)

May have slightly jumped the gun. If you click the help box on the esta form it states next to the question:

"This question refers to crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations."

Blimey it never gets easier. I'll still be ticking no.


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## mowatt1994 (Nov 23, 2014)

I have been arrested for drink driving which resulted in me going to court and doing 70 hours community service and I've been cautioned for public damage. I am embarrassed about them both and sorry for doing them but I have a dream of going to New York, what do you think my chances are of this happening and how many years if I have a chance of going will I have to wait? I'm 20 but I don't want to be waiting around for ever I want to see the city.


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## Onket (Nov 23, 2014)

mowatt1994 said:


> I have been arrested for drink driving which resulted in me going to court and doing 70 hours community service and I've been cautioned for public damage. I am embarrassed about them both and sorry for doing them but I have a dream of going to New York, what do you think my chances are of this happening and how many years if I have a chance of going will I have to wait? I'm 20 but I don't want to be waiting around for ever I want to see the city.


Just don't tell them about it.


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## ddraig (Nov 23, 2014)

Odds of 6/4
Or don't tell em


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## not-bono-ever (Nov 26, 2014)

Just fuckin' do it

a) Declare it and dont have a ££ lawyer to plead your case , you will be stuffed for a while
b) Do it and get caught- you will be stuffed for a while
c) Do it and likely get away with it and everyone wins 

You are probabaly not on the Interpol or MI5 watch list


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## savoloysam (Nov 26, 2014)

mowatt1994 said:


> I have been arrested for drink driving which resulted in me going to court and doing 70 hours community service and I've been cautioned for public damage. I am embarrassed about them both and sorry for doing them but I have a dream of going to New York, what do you think my chances are of this happening and how many years if I have a chance of going will I have to wait? I'm 20 but I don't want to be waiting around for ever I want to see the city.



DUI. No chance bud. Have you seen how much beer they have over there and how long the roads go on for?

You're screwed.


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## peterkro (Nov 26, 2014)

The closest I came to being fucked up was when a official at LAX decided to wind me up,he started by asking me my mothers maiden name (I've changed my name by deed poll several times and I assume he could see this) fortunately my natural reaction was to throw a strop,he just laughed and waved me through.Just as well as I hadn't memorised the mothers maiden name on the passport I was using.
By the way Immigration can't access the PNC but the other alphabet people can,there was a case a few years ago of a guy in Chicago who took a snap of the screen when FBI were accessing it.
E2a: I haven't been near the place since 11/9 and the fingerprint bollocks.


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## twentythreedom (Nov 26, 2014)

Deny everything, always


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## 1%er (Nov 26, 2014)

peterkro said:


> By the way Immigration can't access the PNC but the other alphabet people can,there was a case a few years ago of a guy in Chicago who took a snap of the screen when FBI were accessing it.


No foreign government or agency's have automatic access to the UK police national computer. There is a department with-in the home office that will supply foreign law enforcement agency's with information from the PNC if certain criteria is met (in some cases this can be done via Interpol). 

I suspect that if a screen-shot was taken of the FBI reading information from the UK PNC, that information was supplied by the department I mention above.

Some countries do have people working in their foreign embassies who collect information on court cases reported in the press. You as an individual can also buy this information from "clippings companies", These companies go through the national and local press and provide cutting of stories about the information you have paid for.  

FoI response

The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relations to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour of providing the information.

The public interest reason in favour of withholding the information is to make sure that that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or be committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.

The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://www.acpo.police.uk/certificates.asp and on the application form page of the same website at http://www.acpo.police.uk/Certificates/Application Form 8.doc

The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.

Criminal conviction information on US Nationals who have been convicted of offences in England and Wales is extracted from the Police National Computer and sent, via Interpol channels to the United States in cases where there are fingerprints available and when the conviction is for imprisonment for 12 months or more or the offence is against national security or where sharing would be in the interests of public protection."


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## peterkro (Nov 26, 2014)

^^ I don't doubt that what you say is true.However the reality is sometimes different,for instance I left Paris once and thought my passport was stolen,the French border guard asked me if I had a licence (I did but just a provisional) he accessed the DVLA computer in front of me and said "you're fine sort it out on the other side" this was more than twenty years ago.
Also see the case of FBI officers being present at the seizure of Indymedia hard drives in London,the groups were in South America,France,Italy and Switzerland and the Brit police in all their pomp let them do this.


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## Dan R (Dec 2, 2014)

Hello, Been reading this thread and still having mixed thoughts! I go to the USA next September with my girlfriend and I have a conviction for common assault from around 2 and half years ago which I got fined and had to do 100 hours community service they state it now stays on your record for 7 years.

I applied for an ESTA and was honest and got rejected straight away and was advised to apply for a b-2 temporary travel visa in which it has cost me 100 plus for the visa application and now I have an interview at the embassy in January in which they told me I need a police certificate which is another 50 odd quid.

Reading all these comments and im not convinced they will give me the visa I am only travelling for 2 weeks but wanting to go to New York, LA and Vegas so three separate airports.

What are the chances of them denying me for this?

Light case of common assault when my friend was attacked in which I helped and I got the book thrown at me where as my friend was attacked first he was let off for self defence! But as I was not attacked only protecting my friend I was convicted of common assault. Surely the fact my friends charges got dropped shows it was not intentional.

Any advise as by reading this mixed stories and mainly drug offences is a big no!

Many thanks all


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## 1927 (Dec 3, 2014)

Dan R said:


> Hello, Been reading this thread and still having mixed thoughts! I go to the USA next September with my girlfriend and I have a conviction for common assault from around 2 and half years ago which I got fined and had to do 100 hours community service they state it now stays on your record for 7 years.
> 
> I applied for an ESTA and was honest and got rejected straight away and was advised to apply for a b-2 temporary travel visa in which it has cost me 100 plus for the visa application and now I have an interview at the embassy in January in which they told me I need a police certificate which is another 50 odd quid.
> 
> ...


Of course you made the mistake of admitting you hade a record!

Had you researched first you would have discovered that you do not need to declare a common assault conviction as it is not a crime of moral turpitude!


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## Onket (Dec 3, 2014)

And because you don't need to tell the truth when applying for an ESTA.


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## ndt (Dec 9, 2014)

Had a job interview today for a international job with a American company, they asked about convictions and drugs, i informed them about a assault charge but never said i have a admonished drugs charge from 1991....they said i will have to apply for various visas for countries i will be entering.
	About 8yrs ago i was going to go to vegas for a friends wedding and decided to check on the online system for entry and put in my convictions and was informed through the online system i would hace to go for a interview. ...will this be on the system and what do yous think my chances are of getting into the US or should i just right off the job?


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## nogojones (Dec 10, 2014)

ndt said:


> Had a job interview today for a international job with a American company, they asked about convictions and drugs, i informed them about a assault charge but never said i have a admonished drugs charge from 1991....they said i will have to apply for various visas for countries i will be entering.
> About 8yrs ago i was going to go to vegas for a friends wedding and decided to check on the online system for entry and put in my convictions and was informed through the online system i would hace to go for a interview. ...will this be on the system and what do yous think my chances are of getting into the US or should i just right off the job?


Was the job in the UK? if so, unless it was a job where they require a CRB/ vetting and barring check then you only need to disclose unspent convictions. What was your sentence for the drugs? as type/length of sentence is the main determining factor in when a conviction is spent


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## ndt (Dec 10, 2014)

they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is  a uk branch  of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court


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## not-bono-ever (Dec 10, 2014)

if they are work visas for the US etc, then you may have to supply a ACPO certificate- which may or may not have the records on file depending on their step down policy.Same for Oz I think, but remember , these are not the usual visitor visas & require sponsorship and all manner of backup.

if its just an entry visa eg for a business meet, then no one will be able to check your long ago past at the embassies.

the fact you have done an ESTA already and declared , I dunno.


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## not-bono-ever (Dec 10, 2014)

ndt said:


> they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is  a uk branch  of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court




they can do a simple CRB check using a few different agencies to handle it , which would not show anything that is past the spent convictions limit. You E would not show up. Unles you need enhanced CRB ( which I doubt from your outline ), then they may show up - but these are usually for jobs with kids n shit, not normal businesses


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## Bahnhof Strasse (Dec 10, 2014)

ndt said:


> they did say there would be visas for the country's i would be travelling to but cant remember what the check was called.it is  a uk branch  of a American company with world wide travel , 1991 one ecstasy tablet got admonished at the high court



When you filled out the ESTA form did you complete it, or just put yes in one box and it said if you do that you won't get an ESTA? If you put yes and filled out the form to the end then you'll be blocked from getting an ESTA in future, if you just saw that bit and bailed out of the website it won't be recorded and you can try again.

The simplest thing to do is complete another ESTA form here: https://esta.cbp.dhs.gov/esta/ and click on NO for everything relating to moral turpitude, nazi genocide etc. and see what comes up. Will cost you a tenner.


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## ndt (Dec 10, 2014)

Thanks for the info lads will give the esta a go again and see what happens.


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## u01atc8 (Jan 7, 2015)

This may have already been covered, however i keep laughing my head off at some of the whitty comments being passed about  like tennis..
Anyway i would like to go for a holiday around america and hopefully visit my cousins along the way.. could be interesting as i have never met them.. so i could end up hating them! Just my luck haha!! My concern is that i was charged for a domestic assault when i removed my ex partner from my home when she turned up uninvited 2 years after splitting... felt i was doing the correct thing and felt i was within my rights at the time. It was either that or my parnter at that time would have lynched her .. Turns out i should have let her.. But im not bitter ...  hah!!

Joking aside i was as i mentioned charged with an assualt with a domestic agrivator. This is as know in the force an addon to the charge but the charge is an assualt. I planed to just go through the etsa.. but my googling got the better of me and i stumbled upon this page..  no i doubt wether or not that this charge wil show on my passport when i enter the country or at least try to..? Can anyone offer advice? Should i just keep to my plann and do the online Etsa? i would have to put to watse all my time watching american news in an effort to get on the same ____ Level ____ as the us...


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## Fez909 (Jan 7, 2015)

Do the esta, say no to everything, you will be fine.


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## Onket (Jan 7, 2015)

u01atc8 said:


> wether or not that this charge wil show on my passport when i enter the country or at least try to..? Can anyone offer advice?


It won't show on your passport. Don't tell them about it and they won't know.


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## Manter (Jan 7, 2015)

So we're meant to believe that an American firm is handing out lucrative international jobs to someone who doesn't know basic spelling and grammar. Riiiiiiight.


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## Onket (Jan 7, 2015)

Who cares?!


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## Berkshirebugsy (Jan 7, 2015)

u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options

1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight 
3) apply for a holiday visa (b2?) which means that you can board the USA bound flight with a lot less stress

My opinions are (and I'm not commenting on the incident that caused the arrest)


Option 1) this is dishonest but as far as I know a lot of travellers who post on here do it and appears to work from them although imagine the time waiting to go through immigration is a stressful few minutes
Option 2) to be honest I think is not a sensible option. You may as well throw the money for the airfare in the bin 
Option 3) although there is cost and inconvenience involved in this this would (IMHO) would be the best option

I must stress I am not commenting on the original incident just the options available to you and others in your position. This is only an opinion as I am not qualified to give legal advice.


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## Manter (Jan 7, 2015)

Onket said:


> Who cares?!


If people lie to me I like them to be plausible. It's only respectful


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## Onket (Jan 7, 2015)

On a thread like this I can't see that it matters. Despite all the reasons that can be given for travelling and all the excuses for the criminal record, there's only one real question and only one answer.

The amusing thing is the number of times the question gets asked!


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## Berkshirebugsy (Jan 7, 2015)

Onket lol - agreed  maybe people are looking for others to justify being dishonest on the VWP application

On a more serious note I can understand why this does come up so often. Sometimes people do things in their past which can back an bite them on the backside in later years. I have seen a number of posts about parents planning to take their families on holiday to the USA worried they will get turned back at immigration.

I think some people are worried in case the USA immigration have access to (for example) the UK police criminal records system. 

If in doubt apply for a visa


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## Onket (Jan 7, 2015)

Yes, there are 28 pages of people being worried about that. It's natural to be worried and I suppose it's natural for people to think of some reason their case is different. 

The point is that if you don't tell them and you hold your nerve you should be ok.


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## Bahnhof Strasse (Jan 7, 2015)

Berkshirebugsy said:


> u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options
> 
> 1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
> *2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight*
> 3) apply for a holiday visa (b2?) which means that you can board the USA bound flight with a lot less stress




Answer Yes on the ESTA and you won't get the ESTA in the first place, it says so on the fucking form


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## 1927 (Jan 7, 2015)

Berkshirebugsy said:


> u01atc8 - you are right about there being a lot of different comments about this on the net. The answers seem to fall into 3 options
> 
> 1) answer "no" to all of the questions on the ETSA application and hope there is no checking at the point of entry by immigration
> 2) answer "yes " on the ETSA and increase the risk of being turned back on the next flight
> ...


You are wrong on option 1. The poster can legitimately answer no on the Esta as a DV charge is not covered on the esta.


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## u01atc8 (Jan 7, 2015)

1927 said:


> You are wrong on option 1. The poster can legitimately answer no on the Esta as a DV charge is not covered on the esta.



 Really?... I thought it was covered by moral perpetitude.. So if, sorry when I check no I should be fine?


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## trashpony (Jan 7, 2015)

u01atc8 said:


> Really?... I thought it was covered by moral perpetitude.. So if, sorry when I check no I should be fine?


You're right. 1927 isn't


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## 1927 (Jan 7, 2015)

u01atc8 said:


> Really?... I thought it was covered by moral perpetitude.. So if, sorry when I check no I should be fine?


DV is not moral turpitude, but not sure Esta even mentions that phrase these days!


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## Spymaster (Jan 7, 2015)

These are the ESTA questions:



> 1) Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases: *
> 
> Chancroid
> Gonorrhea
> ...




"Moral turpitude" isn't on there any more.

Even if it were the DV conviction mentioned in post 817 is not "moral turpitude":



> b. Crimes committed against the person, family relationship, or sexual morality
> which do not involve moral turpitude include:
> 
> (1) Assault (simple) (i.e., any assault, which does not require an evil intent or
> ...



http://www.state.gov/documents/organization/86942.pdf


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## trashpony (Jan 8, 2015)

On the previous page of that document though, it says:


> _Assault (this crime is broken down into several categories, which involve
> moral turpitude):
> (a) Assault with intent to kill;
> (b) Assault with intent to commit rape;
> ...



Bit of a moot point seeing as it falls under part 2 of the ESTA questions anyway


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## Spymaster (Jan 8, 2015)

trashpony said:


> On the previous page of that document though, it says:
> 
> 
> Bit of a moot point seeing as it falls under part 2 of the ESTA questions anyway



It's not covered by 2. Assault occasioning serious harm here gets GBH or ABH. Given that the poster has t mentioned these I assume it's common assault which could be grabbing or pushing someone. It doesn't fall under what you've quoted above for MT either. I read that last night.


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## benrat (Jan 8, 2015)

I,ve been going to the states a few times a year for a long time now and putting no on esta forms and had no trouble until last year when they took me in to the other room for a second grilling but let me through. The third time this happened I asked why I was getting the extra grilling, he said I had not put a misdemeanour assault on the form from 1995 in NY. I said it was just a misdemeanour and the police said it would be erased after 5 years, the man said I had to put everything in there & nothing is erased but let me through again. I then asked why I had not been pulled aside before and he said now all the fingerprints in the US are linked to immigration/esta in the last 2 years. Now I'm wondering how/if I should fill the esta now?


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## not-bono-ever (Jan 9, 2015)

if it is a US conviction then its a totes different ball game- you have to decide if you want to go for the the Visa option to smooth things along if its going to be a regular trip- now your on teh radar, they will likely pull you regular basis


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## Hollis (Feb 3, 2015)

This thread is very interesting - especially post 89 where they he gets a visa despite declaring some past form..

http://www.tripadvisor.co.uk/ShowTo...on_Need_desperate_advice-Orlando_Florida.html


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## 1927 (Feb 4, 2015)

Hollis said:


> This thread is very interesting - especially post 89 where they he gets a visa despite declaring some past form..
> 
> http://www.tripadvisor.co.uk/ShowTo...on_Need_desperate_advice-Orlando_Florida.html


Existing advice still stands. Don't tell them and they won't know, why take the risk of being refused, and incur the added expense and hassle of interview at embassy?


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## Hollis (Feb 5, 2015)

Yes, for a lot of people.  There may be circumstances where you don't want to go down the visa waiver route - e.g. want to stay longer than 90 days, don't want to falsely declare for some other reason.  Its good to know that if you go down the 'declare' route - this doesn't result in automatic refusal as this case demonstrates.


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## believesteve (Feb 19, 2015)

Hi. Ive recently applied for a visa but my police certificate wont be here in time for my interview and I haven't got enough time to apply for a later interview as ive already booked to travel. My question is: if I were to cancel my visa application half way through the process, will I still be eligible for the VWP?


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## 1927 (Feb 20, 2015)

And so it goes on and on, round and round.


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## 1927 (Feb 20, 2015)

believesteve said:


> Hi. Ive recently applied for a visa but my police certificate wont be here in time for my interview and I haven't got enough time to apply for a later interview as ive already booked to travel. My question is: if I were to cancel my visa application half way through the process, will I still be eligible for the VWP?


If you were eligible for VWP why did you apply for Visa in first place?


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## believesteve (Feb 20, 2015)

1927 said:


> If you were eligible for VWP why did you apply for Visa in first place?


 

I'm not, I have an assault charge from 4 years ago but because I've already booked for June my only options are apply for VWP or cancel the holiday.


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## 1%er (Feb 20, 2015)

believesteve said:


> I'm not, I have an assault charge from 4 years ago but because I've already booked for June my only options are apply for VWP or cancel the holiday.


Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.

You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.


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## believesteve (Feb 20, 2015)

1%er said:


> Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.
> 
> You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.


 
Ok thanks.


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## 1927 (Feb 21, 2015)

1%er said:


> Just apply for the VWP, pay the fee and see if you get the waver (Do not tell them about your conviction). If you get the waver, cancel the interview and tell them you don't need it now.
> 
> You should get an answer if you apply via the internet with-in a few minutes. The American immigration do not have access to any UK records held by the UK police.


But presumably he has already disclosed his record in the visa application, so he's stuffed now!


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## agricola (Feb 21, 2015)

More visa shenigans, this time involving the Welsh.


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## Moulesy (Feb 24, 2015)

I've been Florida 7 times, but since Mr Taliban man, fucked it all up for us all who want to take your kids to see mickey and his friends, I'm afraid I would declare all convictions, at the time I did prison for abh and fighting but now have fire arms sec5 if I wanted to go again to the Usa I would go embassy and see how I stood. But fuck it seen seen how the yanks live and it's brill so worth a try. Chin up kids always got the French twat Mickey Mouse


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## ddraig (Feb 25, 2015)




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## 1%er (Feb 26, 2015)

1927 said:


> But presumably he has already disclosed his record in the visa application, so he's stuffed now!


I think he had only applied for an interview, not a visa yet, so he may not have declared any convictions.


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## johnlg 111 (Mar 5, 2015)

Having read  quite a few pages of this thread just to put some peoples mind at ease ie "was caught shoplifting and got caught as a teenager got a caution"or"got arrested for sexual harassment but was found not guilty" you have NOTHING to worry about they want to know if you have CONVICTIONS! a caution is a caution never 2b mentioned again(though may be taken into account if arrested again) a not guilty defenitely isnt a conviction!If you being arrested 100 times if you were found not guilty it matters not so anyone arrested but not convicted or anyone that simply has a caution you have absoluteley nothing to worry about!!


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## Levingsworth (Mar 16, 2015)

Hi folks, I'm new here. I made the 'honest mistake' in 2004 of applying for a US visa in a panic as I found out that my drink drive offence in 1996 counted as a criminal record. I remember the US embassy treating me like I was wasting their time with a 'don't know why you've bothered' attitude. I used the visa 3 times (Florida, NY, Vegas) & on each occassion was met with a puzzled expression & asked 'why do you have a visa?'. I now realize that I should have lied like everyone else.

However, the laws have now changed such that only more serious crimes & crimes of moral turpitude(sounds good!) require the need for a visa, a drink drive offence no longer counts. So, I am due to vist Vegas again this year & now face a dilemma. My visa & passport expired last year. I have a new passport but am now unsure whether I should renew my visa? Under the current laws I don't need one, & I've been given ESTA clearance, so as far as I'm concerned I'm good to go. My only slight nagging doubt is the fact I did have a visa previously. Will this override the fact I don't actually need one now? Surely their system would have been able to detect this when I applied for ESTA recently. Anyone have any ideas?


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## 1%er (Mar 16, 2015)

Levingsworth said:


> Hi folks, I'm new here. I made the 'honest mistake' in 2004 of applying for a US visa in a panic as I found out that my drink drive offence in 1996 counted as a criminal record. I remember the US embassy treating me like I was wasting their time with a 'don't know why you've bothered' attitude. I used the visa 3 times (Florida, NY, Vegas) & on each occassion was met with a puzzled expression & asked 'why do you have a visa?'. I now realize that I should have lied like everyone else.
> 
> However, the laws have now changed such that only more serious crimes & crimes of moral turpitude(sounds good!) require the need for a visa, a drink drive offence no longer counts. So, I am due to vist Vegas again this year & now face a dilemma. My visa & passport expired last year. I have a new passport but am now unsure whether I should renew my visa? Under the current laws I don't need one, & I've been given ESTA clearance, so as far as I'm concerned I'm good to go. My only slight nagging doubt is the fact I did have a visa previously. Will this override the fact I don't actually need one now? Surely their system would have been able to detect this when I applied for ESTA recently. Anyone have any ideas?


The ESTA is not a visa, it is authorization to travel. If you were granted an ESTA and have had a visa for the USA in the past, I don't think you will have a problem.


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## Levingsworth (Mar 16, 2015)

Hi 1%er. Thanks for that. I do appreciate the ESTA is not a visa. The point I was trying to make was that, as I have had a visa previously I must be on their system and if I required a new visa then surely their system would have refused my ESTA application & told me to get a new visa? I agree, I don't think I have a problem.


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## Stacks305 (Mar 19, 2015)

Hi guys

My situation is kind of like 1%er's.  im 25 now but when i was 16 a received a reprimand for stealing. Back in 2011 i was offered a job in disneyworld and so had to apply for a J1 visa.  When i applied for this i told them about my reprimand, the visa was accepted no problems.  I have just booked up to go to America this summer for 3 weeks.  On the question...'have you ever been arrested/convicted' i ticked no.  After lots of research i took the guidance to mean anyone who commits a crime under 18 and more than 5 years ago isnt classed as committing a crime of moral turpitude.  My issue is, when i get to boarder control, will they look up info on my 2011 visa and question why i have not declared anything on my ESTA?  I know this may be a tad far fetched but im a worst case scanario type of gal. I know everyone pretty much agrees to lie and you'll probably be okay but its the fact that i've told them once before about a reprimand that's got me worried.  Thanks for any help.


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## 1%er (Mar 19, 2015)

Stacks305 said:


> Hi guys
> 
> My situation is kind of like 1%er's.  im 25 now but when i was 16 a received a reprimand for stealing. Back in 2011 i was offered a job in disneyworld and so had to apply for a J1 visa.  When i applied for this i told them about my reprimand, the visa was accepted no problems.  I have just booked up to go to America this summer for 3 weeks.  On the question...'have you ever been arrested/convicted' i ticked no.  After lots of research i took the guidance to mean anyone who commits a crime under 18 and more than 5 years ago isnt classed as committing a crime of moral turpitude.  My issue is, when i get to boarder control, will they look up info on my 2011 visa and question why i have not declared anything on my ESTA?  I know this may be a tad far fetched but im a worst case scanario type of gal. I know everyone pretty much agrees to lie and you'll probably be okay but its the fact that i've told them once before about a reprimand that's got me worried.  Thanks for any help.


I think you are mixing me up with someone else, I don't have an issue getting into the USA 

If they look at your history (and that is a big IF) explain that last time you visited it wasn't an issue and that their guidance says clearly:

There is an exception to this general inadmissibility if have committed a crime involving moral turpitude (see earlier section on what the term ‘moral turpitude’ means) where you only committed one crime and either;


the crime was committed when you were under 18 years of age, and the crime was committed (and you were released from any prison sentence imposed for the crime) more than 5 years before the date of application for a visa, or
the maximum penalty possible for the crime that you were convicted of did not exceed imprisonment for one year and you were not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).
Just don't say anything unless you are asked, if they bring it up you can tell them, their guidance says it isn't relevant, so you didn't mention it.

Edit to add, In the USA information about minors criminal activity is often not accessible once the person becomes an adult, I don't know if this includes information held by the immigration services, but it wouldn't surprise me if this information is now considered "closed".


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## Stacks305 (Mar 19, 2015)

Oh sorry Ive gotten confused when reading the post. Thanks a lot for that information its really helped


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## UKlass (Mar 20, 2015)

Hi everyone. 
I'm in a similar position to others on this thread, and I am really sorry for probably repeating others questions, worries etc etc. 

Me and my boyfriend want to get to America on holiday, but I have a criminal record. 
It's for about 8 counts of theft and deception in 2005. All dealt with at the same hearing and resulted in me completing community service. 
Since then i've Not even had so much as a speeding ticket. Lesson learnt, I was an idiot. 

if I was to not bother going down the visa route, how would border people in America know about my conviction? 

I am in process of gathering all my bits together to start the visa application but I am not even sure if I need to? 

If I just answered no to the questions, would I get tturned away when I landed in America? 

Thanks in advance


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## equationgirl (Mar 20, 2015)

UKlass said:


> Hi everyone.
> I'm in a similar position to others on this thread, and I am really sorry for probably repeating others questions, worries etc etc.
> 
> Me and my boyfriend want to get to America on holiday, but I have a criminal record.
> ...


Have you read the last few pages of this thread? There's some great information about what to do if you have convictions.


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## UKlass (Mar 20, 2015)

Hi equationgirl,

I have just read a little further back than I did to start with and there is some great advice. 

My main concern was because I have multiple convictions, I wasn't sure if this would flag something up at some point


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## 1927 (Mar 21, 2015)

And so it goes on and on and on!


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## Bionic909 (Mar 29, 2015)

dirtyleeds said:


> Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here.
> 
> I have travelled to Florida twice in the past 2 years. last year was me my wife and little girl. this year with the addition of my youngest son whos 19. Last year I filled in the ESTA form online and after answering about 6 questions no, no,no,no, just whipped through them all.
> 
> ...


I dont suppose you know what happens if you have been already refused an esta and you apply for another one?


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## 1927 (Mar 30, 2015)

AAAARRRRRGGGGGGHHHHHHHHHH!

Does anyone else feel like screaming very loudly and then banging their head against their keyboard?


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## Manter (Mar 30, 2015)

trashpony?


----------



## trashpony (Mar 30, 2015)

Manter said:


> trashpony?


I have reached a state of uber-zen relating to this thread 

OHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHMMMMMMMMMMMMMMMMMMMM


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## Gemzzz (Apr 2, 2015)

Hi, I've sat her for a few hours, read all posts. 
I too am in a situation, filled in ds160 form paid for visa, but no available interviews before travel date. 
People have spoken of this, but I haven't seen if they managed to gain access by doing an esta form and risking it?! 
Thanks in advance.


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## Ballybay (Apr 22, 2015)

Can some one please advise me I have a couple of convictions decided to apply for visa  3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away


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## xenon (Apr 22, 2015)

Ballybay said:


> Can some one please advise me I have a couple of convictions decided to apply for visa  3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away


Yeah. No. Get a lawyer.


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## lizzieloo (Apr 23, 2015)

I feel I should tell you I'm a new member, say hi and ask how I go about getting a visa


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## pogofish (Apr 23, 2015)

Ballybay said:


> Can some one please advise me I have a couple of convictions decided to apply for visa  3 years ago sent in all my paper work police check court papers then decided not to go to the US so didn't attend any interview how long does all the I of stay on file if I was to go to the us now and tick no on the esta will it flag me up straight away



Did you read the thread, even just the last few pages?


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## MrSki (Apr 23, 2015)

If you are new then please read the whole 29 pages of the thread & only ask if the question you are asking has not been done before or try the US embassy!


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## Ballybay (Apr 29, 2015)

So did the person who was going to apply for new passport get into the US


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## Ballybay (Apr 29, 2015)

Just wondered if you got new passport would you still flag up I filled in all the forms to embassy faxed them over two years ago emailed belfast they said they don't have me down as applying for interview at any embassy I didn't pay for interview just sent everything over to them then changed my mind so am I sill on there system does any one know


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## Jamie Dunlop (May 1, 2015)

Hi everyone, I am a Police Officer with the Los Angeles Police Department. If you are looking to move to California from the UK, You MUST NOT have been arrested for Murder, Rape, Assault, Intent to supply Drugs, Drugs Possession. If you have been convicted of any of these, Ya'll will be banned from the United States of America for life. If you have minor offences, You will have to apply for a Visa Waiver through the US Embassy. On moving to the USA, You cannot work a Government job ie: Police Officer, Fireman, Paramedic for 10 years. After 10 years living in the USA, You will be able to work for the government. If you commit an offence in the USA, You will NOT be sent back to the UK. You will serve your jail sentence in the US. The LAPD are very strict on people moving from other countries. We require you to come to one of our local Police Stations so that we have your details on file. If you fail to do so within 6 months, You will be arrested and can serve upto 11 months in California State Correctional Facility. You cannot purchase a Firearm in California, Other States vary. I have been a Police Officer for 12 years. I serve the people of Los Angeles. I enjoy my job. I love to help people. And if you are currently moving to Los Angeles California, Welcome.

Officer Dunlop
North Hollywood
Los Angeles Police Department
Hollywood Blvd


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## nogojones (May 1, 2015)

Jamie Dunlop said:


> Hi everyone, I am a Police Officer with the Los Angeles Police Department. If you are looking to move to California from the UK, You MUST NOT have been arrested for Murder, Rape, Assault, Intent to supply Drugs, Drugs Possession. If you have been convicted of any of these, Ya'll will be banned from the United States of America for life. If you have minor offences, You will have to apply for a Visa Waiver through the US Embassy. On moving to the USA, You cannot work a Government job ie: Police Officer, Fireman, Paramedic for 10 years. After 10 years living in the USA, You will be able to work for the government. If you commit an offence in the USA, You will NOT be sent back to the UK. You will serve your jail sentence in the US. The LAPD are very strict on people moving from other countries. We require you to come to one of our local Police Stations so that we have your details on file. If you fail to do so within 6 months, You will be arrested and can serve upto 11 months in California State Correctional Facility. You cannot purchase a Firearm in California, Other States vary. I have been a Police Officer for 12 years. I serve the people of Los Angeles. I enjoy my job. I love to help people. And if you are currently moving to Los Angeles California, Welcome.
> 
> Officer Dunlop
> North Hollywood
> ...



What if we just committed a minor offence like shooting an unarmed black guy dead? would we be ok to still join the LAPD?


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## nogojones (May 14, 2015)

Jamie Dunlop said:


> Officer Dunlop
> North Hollywood
> Los Angeles Police Department
> Hollywood Blvd


Not Fuzzy Dunlop by any chance?


----------



## anonobvs (May 15, 2015)

i don't know how much stock you'll place in a comment from an obvious throwaway account, but I thought all of various stressed people in this thread may like to hear a 'success' story.

I was arrested and initially charged with a serious sexual crime in 2013. The matter was dropped unconditionally because well... I hadn't actually done anything. Like a lot of people around here my heart sank when I realised that officially I should apply for a visa. Living or studying in the 'States longer term is something that I think I will want to do so lying wasn't an option. I applied in mid-April 2015 for a tourist visa (b1/b2). At first the best the system could do for me was an interview in late May which was not feasible with my travel dates. I kept checking the online system every morning/evening and a convenient spot opened up for early May which was much more workable. 

In the end the interviewer was bemused that the police had made such a serious error but said he could grant my visa based on what I told him (that I was arrested and interviewed, but resolutely not guilty and the case was dropped without any condition or telling off). He just had to contact the police to confirm, which he would do in the couple of days following interview. I'll admit I panicked when the status system said I was in administrative processing, which the internet says can take months but this would seem to be the standard status for any extra check big or small which they need to do because I was emailed 3 days later to say my passport was on its way back. Hurrah. Success. I'll report back after my trip or from my INS detention cell, depending on what they do with me and whether or not they have wifi.


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## Phil Smith (May 19, 2015)

Hi folks mine is an unusual request for info since I have not seen anything like it in the posts I have read (and I have read a lot of them!)
Background, I had been talking to an American lady for over twelve years, I stumbled upon whilst playing on the net (and no not dating or sex) we met in a forum discussing the best program for photos, opening Word documents (without Word) etc. We just clicked! After much worry about my past I eventually decided to bite the bullet and try for an ESTA to visit. I was seriously worried about a no as I had, as a young man, extensive convictions for joyriding, the no insurance associated and obviously the driving whilst disqualified.
The ESTA went through with no issues as I didn't see anywhere to tell them about my convictions (I still don't know if anyone defines "Moral Turpitude" other than Murder. rape, drugs or prostitution) anyhow I got the ESTA and travelled, I met the woman I knew I was in love with but was so scared to go to from fear of Government refusal. They didn't stop me, we met and we married! I made the mistake of coming back home rather than simply staying! Now I am really worried will thirty year old convictions stop me getting back to my (American born and bred) wife? The wait for paperwork is killing me! I have been convicted 7 years ago of DUI but otherwise clean since my twenties! (I am now 53) True responses only please as I am already in bits from the stress


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## free spirit (May 19, 2015)

if you weren't sent to prison then it's a spent conviction after 5 years, 7 years if less than 6 months in prison.

I doubt you'll have a problem, especially seeing as you've already been once.

Congratulations btw, nice to hear.


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## Phil Smith (May 19, 2015)

free spirit said:


> if you weren't sent to prison then it's a spent conviction after 5 years, 7 years if less than 6 months in prison.
> 
> I doubt you'll have a problem, especially seeing as you've already been once.
> 
> Congratulations btw, nice to hear.



Thanks for both reply and congratulation unfortunately not a great help, sentence was 18 months actually served six months and ten days!


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## esther100 (May 21, 2015)

I hope this is a new question ... 30 pages is a lot to plough through.
My son has dual citizenship - US and UK. Born in America but we returned to England when he was still a baby and lived here since. He is now 14 and wants to go live with family in America. He has a criminal record in the UK (obviously dealt with as a youth). Does anyone know if this will prevent him going to live in America?
Thanks.


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## 1927 (May 25, 2015)

free spirit said:


> if you weren't sent to prison then it's a spent conviction after 5 years, 7 years if less than 6 months in prison.
> 
> I doubt you'll have a problem, especially seeing as you've already been once.
> 
> Congratulations btw, nice to hear.


Convictions are never spent in the eyes of the U.S. government for immigration purposes!


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## Random London (Jun 2, 2015)

I was charged with Stalking and Theft in Australia a few years ago. Had to leave the country as I had no money, job and couldn't fight the court case to defend the charges from my ex-gf.

Now I'm planning to travel to the US for business trips, I live in London and have been a UK citizen without any criminal history here.

There's an warrant for my arrest upon my return to Australia, and the case has been taken out of the court system there.

So simply put, I was arrested, charged, released, told to appear in court, left the country, warrant for arrest issued, now working back home trying to make enough money to go back and clear my name.

Is it still possible to travel to the US under the above situation for work? I work for a multinational company and my job requires business travel to US as we have teams there which I need to meet with.


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## Lizren (Jun 6, 2015)

Hi I know the drink driving comments have been mentioned but I applied for an esta about 2 months ago which got excepted but in the last month I have been convicted for drink driving. I'm worrying that this will cause problems entering the U.S.


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## Lizren (Jun 6, 2015)

Also forgot to mention that I am due to fly to the U.S. Next week


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## editor (Jun 6, 2015)

Lizren said:


> Also forgot to mention that I am due to fly to the U.S. Next week


You'll get the same answer as everyone else. You'll almost certainly have no problems. I wouldn't mention it.


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## equationgirl (Jun 7, 2015)

Random London said:


> I was charged with Stalking and Theft in Australia a few years ago. Had to leave the country as I had no money, job and couldn't fight the court case to defend the charges from my ex-gf.
> 
> Now I'm planning to travel to the US for business trips, I live in London and have been a UK citizen without any criminal history here.
> 
> ...


As your work is for a multinational I would expect them to use someone who advises on visas etc. Contact your hr team in the first instance.


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## equationgirl (Jun 7, 2015)

esther100 said:


> I hope this is a new question ... 30 pages is a lot to plough through.
> My son has dual citizenship - US and UK. Born in America but we returned to England when he was still a baby and lived here since. He is now 14 and wants to go live with family in America. He has a criminal record in the UK (obviously dealt with as a youth). Does anyone know if this will prevent him going to live in America?
> Thanks.


Does he have a us passport?


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## Bc123 (Jun 18, 2015)

Hi, I've been to America a few times but really want to take my boyfriend who has never been. I am dying to take him as I love the country and know he will be amazed by it too. He has convictions ( just cautions for possession) had a visa interview before and got denied. Left it about 3 years and just wondering whether to do the esta and click no or reapply for another visa interview. However will they know that he has been denied a visa before even if he clicks no to criminal record on the esta? 
Advice would be great appreciated.


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## joustmaster (Jun 18, 2015)

Bc123 said:


> Hi, I've been to America a few times but really want to take my boyfriend who has never been. I am dying to take him as I love the country and know he will be amazed by it too. He has convictions ( just cautions for possession) had a visa interview before and got denied. Left it about 3 years and just wondering whether to do the esta and click no or reapply for another visa interview. However will they know that he has been denied a visa before even if he clicks no to criminal record on the esta?
> Advice would be great appreciated.


Sounds like he is fucked.
You could risk it, but he could well be sent home when he lands.


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## Bc123 (Jun 18, 2015)

joustmaster said:


> Sounds like he is fucked.
> You could risk it, but he could well be sent home when he lands.


Not sure which one to do. They said in the interview he needed more evidence he has ties to the uk which he does as he has a mortgage, job, family, a little boy


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## joustmaster (Jun 18, 2015)

Bc123 said:


> Not sure which one to do. They said in the interview he needed more evidence he has ties to the uk which he does as he has a mortgage, job, family, a little boy


I've no idea.
But logically - if he has turned up at their embassy and told them that he was a criminal, and gave them a his passport details, then they will always have that info. 

Your choices are to try and convince them that he is no longer a wrong un. Or to take a gamble against the odds, and just fly there and lie.


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## John Q Public (Jun 18, 2015)

Seeing as how this was one of the most useful threads I found when researching this, I thought I'd let people know that you _can_ lie to the US authorities about old convictions and get in on ESTA.

I have old drugs convictions from 20 years back which I did not declare.  Although I'd got myself into a right panic by the time I landed in the states, getting through immigration was quick and straightforward.  If all the stuff they tell you about the border agents being able to spot nervous people/liars by body language etc. was true, I'd have been grilled. 

Probably helped being white, in my 50's and dressed in Rohan/North Face.  And not having been in trouble for may years.

That being said, the weeks of worry prior to going were horrible, and if you don't do stress well, I'd say either be straight with them or go via Dublin.


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## Bc123 (Jun 18, 2015)

John Q Public said:


> Seeing as how this was one of the most useful threads I found when researching this, I thought I'd let people know that you _can_ lie to the US authorities about old convictions and get in on ESTA.
> 
> I have old drugs convictions from 20 years back which I did not declare.  Although I'd got myself into a right panic by the time I landed in the states, getting through immigration was quick and straightforward.  If all the stuff they tell you about the border agents being able to spot nervous people/liars by body language etc. was true, I'd have been grilled.
> 
> ...



Hi what do you mean by go via Dublin? As in take a visa at the embassy there or fly through it? 
I'm not sure what my best option would be as my boyfriend got declined a visa however did not really go well prepared as didn't take some documents which proved he had ties to the uk. 
Would you risk lying on the esta or going for another visa? 
Thanks


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## equationgirl (Jun 20, 2015)

Bc123 said:


> Hi what do you mean by go via Dublin? As in take a visa at the embassy there or fly through it?
> I'm not sure what my best option would be as my boyfriend got declined a visa however did not really go well prepared as didn't take some documents which proved he had ties to the uk.
> Would you risk lying on the esta or going for another visa?
> Thanks


Fly through there or Shannon.

His post recommends lying as he got away with it. It's up to you whether or not to take that advice.

No-one can guarantee you won't get stopped by us immigration.


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## ddraig (Jun 20, 2015)

iirc it means if you get turned back at least it will be from Ireland and not the US


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## donborat (Jul 9, 2015)

hi, all this advise seems to be for esta/tourist visas. Does anyone know if this would be the same for a student visa (J1) ?


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## pogofish (Jul 9, 2015)

donborat said:


> hi, all this advise seems to be for esta/tourist visas. Does anyone know if this would be the same for a student visa (J1) ?



Try reading the thread!


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## Ell85 (Jul 16, 2015)

Ok I'm ticking no on the esta and this is a great thread. I've been arrested 3 times and let off with no charges. One for drink drive, one ticket for theft annnnnnd Class a drug trafficking at the airport that I'm flying from in 2 weeks. What are my chances?! Never been charged remember and I've flown since but only in Europe and the treated me no differently. I think my chances are slim! If I get my esta accepted and don't crap my pants at immigration I think I'll get in. Eeekkkk!


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## harpo (Jul 16, 2015)

Well if you've never been charged, you'll be OK.  But how did you manage to escape charges for that little lot?


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## Ell85 (Jul 16, 2015)

I had a tiny bit of magic mushroom from Amsterdam and they had no means of testing it for lsd so they let me go and sent me a letter saying no further action around 3 months later. I'm hoping it didn't put me on some watch list at the airport though. Ah fuck it I'll never be going again after this I don't think. I'm going with my 75 year old mum so I hope she doesn't get turned away if I do. Shes filling in my esta I just wish she'd hurry up and get it done and then I know. I think if I'm on a list they'll deny the esta and that will be that.


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## Ell85 (Jul 16, 2015)

Although the letter did say if I ever landed myself in court the incident would be brought up. I don't have a criminal record but my ex boyfriend was a police officer and before the drug incident he pnc'd me and said he could see all the arrests. I had a fun 3 years back in 09 to 11. What's the worst they can do? Probably send my mum home would be the worst because she just wants to visit her old friend before she dies. I think as long as they don't pnc me then it should be fine.


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## edd (Aug 10, 2015)

I was looking at the previous post's, and was looking to tick the no boxes, just  a question to ask.
as i was in the process of filling out a ds-160 form, got to the end of the form but never sent the application form away would that be flagged up also i sent for a acro certificate, but now i am considering ticking the no questions on the esta form, would that be the best choice


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## loumm79 (Aug 12, 2015)

wahooooooooooo i posted back on page 24   guess what me and my partner just got back from a fab two weeks at Disney world florida. thanks for the push to avoid the visa!!!!


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## loumm79 (Aug 12, 2015)

loumm79 said:


> wahooooooooooo i posted back on page 24   guess what me and my partner just got back from a fab two weeks at Disney world florida. thanks for the push to avoid the visa!!!!


 in case anyone was wondering i have a conviction from 1999. its still on record as i work with children and have a three yearly crb check also my partner has convictions. we both ticked no on esta as they wernt drugs or what we consider moral whatssit. we went threw fine.


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## Pingu (Aug 13, 2015)

mate of mine has just returned to the states with no problems. 10 yrs ago he jumped bail in Texas (serving liquor to a minor and some other non serious stuff). in uk has various minor convictions - bit of possession and a minor assault. he is now paranoid they only let him back in so he could be shipped to Texas but passed though immigration in LA fine


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## edd (Aug 13, 2015)

Hi- thank you for the reply 
I am still unsure because i filled out the ds 160 form but never submitted it or signed the form, that they will have information that i have put on the form


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## 1927 (Aug 13, 2015)

loumm79 said:


> in case anyone was wondering i have a conviction from 1999. its still on record as i work with children and have a three yearly crb check also my partner has convictions. we both ticked no on esta as they wernt drugs or what we consider moral whatssit. we went threw fine.


You are lucky the grammar police didn't stop you!


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## 1927 (Aug 20, 2015)

Ok. I am on hols in Santa Cruz and can give you the benefit if my experiences entering and add something that no one has yet mentioned.

I applied for and was successful with an ESTA, this despite having a common assault conviction in last 5 years. I did not lie on ESTA form as I was advised my crime was not one of moral turpitude, but was still concerned I may not get in.

No worries tho, I sailed through without any hassle.

Good news is this tho. The queues at immigration were so long that once the queue for US citizens had died down the officials were allowing anyone with a visa to go through the U.S. citizen aisles. Once everyone with visas had been pulled from the queue, and this is the good bit, they then invited anyone with any previous U.S. Immigration stamp in their passport to go this route too, as if entering previously the checks would have been done. So for all the doom mangers on here who say that you should apply for visas and stuff I think my experience shows that if anything, there is a more lenient approach being taken at the border than previously.


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## Help15 (Aug 24, 2015)

i got arrested 13 years ago with my friend who had drugs in the car I got arrested and cautioned and released and have never been in trouble since will I be ok with the esta or will I need go London embassider? I'm going police station see 1st if it's still on my record or if it's gone off worried in case it's still their. Please help thanks.


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## Manter (Aug 24, 2015)

The thread that will not die


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## 1927 (Aug 24, 2015)

Help15 said:


> i got arrested 13 years ago with my friend who had drugs in the car I got arrested and cautioned and released and have never been in trouble since will I be ok with the esta or will I need go London embassider? I'm going police station see 1st if it's still on my record or if it's gone off worried in case it's still their. Please help thanks.


Save yourself the trip to the police station, just answer no to everything on ESTA application, go and enjoy yourself and don't worry.


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## pogofish (Aug 24, 2015)

Help15 said:


> i got arrested 13 years ago with my friend who had drugs in the car I got arrested and cautioned and released and have never been in trouble since will I be ok with the esta or will I need go London embassider? I'm going police station see 1st if it's still on my record or if it's gone off worried in case it's still their. Please help thanks.



You would help yourself best by actually reading the thread!


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## 1927 (Aug 24, 2015)

pogofish said:


> You would help yourself best by actually reading the thread!


Rules of this thread are

1. Do not read the thread before posting.

2. Read rule 1.


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## 5t3IIa (Aug 24, 2015)

ddraig said:


> iirc it means if you get turned back at least it will be from Ireland and not the US


Not quite - you can clear US customs at Shannon http://www.shannonairport.ie/gns/business/aviation-development/us-preclearance-facility.aspx So, yeah if they reject you it's not another bum-numbing flight over the Atlantic, but I'm not sure they are any less thorough than at JFK, for example. Don't think Shannon is a shed next to a pavement anymore.


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## 1927 (Aug 24, 2015)

5t3IIa said:


> Not quite - you can clear US customs at Shannon http://www.shannonairport.ie/gns/business/aviation-development/us-preclearance-facility.aspx So, yeah if they reject you it's not another bum-numbing flight over the Atlantic, but I'm not sure they are any less thorough than at JFK, for example. Don't think Shannon is a shed next to a pavement anymore.


As posted by me earlier this option to use domestic terminals was being offered to ANYONE who has previously cleared US immigration and had a stamp in passport to prove it when I arrived last week, due to the long queues!


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## 5t3IIa (Aug 24, 2015)

1927 said:


> As posted by me earlier this option to use domestic terminals was being offered to ANYONE who has previously cleared US immigration and had a stamp in passport to prove it when I arrived last week, due to the long queues!


I don't read every post in this thread  I only have one life.


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## 1927 (Aug 24, 2015)

5t3IIa said:


> I don't read every post in this thread  I only have one life.


It wasn't a criticism just pointing out!


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## Alina (Sep 1, 2015)

have any of you guys travelled to usa with drug caution using esta ?


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## trashpony (Sep 1, 2015)

Alina said:


> have any of you guys travelled to usa with drug caution using esta ?


RTFT


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## pogofish (Sep 2, 2015)

Alina said:


> have any of you guys travelled to usa with drug caution using esta ?



Please read the thread!


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## editor (Sep 2, 2015)

Be helpful please people.


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## Pickman's model (Sep 2, 2015)

Alina said:


> have any of you guys travelled to usa with drug caution using esta ?


i think one or two people have detailed their experiences earlier in the thread.


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## Ted Striker (Sep 2, 2015)

Alina said:


> have any of you guys travelled to usa with drug caution using esta ?


----------



## Mummybear (Sep 5, 2015)

dirtyleeds said:


> Right here is the info for all real people who are travelling to the USA, and can finally dismiss the scaremongering trolls on here.
> 
> I have travelled to Florida twice in the past 2 years. last year was me my wife and little girl. this year with the addition of my youngest son whos 19. Last year I filled in the ESTA form online and after answering about 6 questions no, no,no,no, just whipped through them all.
> 
> ...




Thank you for this post, it has been VERY interesting adding as I am currently in a similar situation (see my recent post on this thread) my thoughts now lead me to wonder if anything has changed since you wrote this


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## ruffneck23 (Oct 1, 2015)

Well I've just got in , with little blurs on my record , was far easier than I thought it would  be !!


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## Eleanor2 (Oct 8, 2015)

Lam7 said:


> Hi, just wondering what happened to twelvetreesb and his problem with the visa application before the waiver? I am in a similar situation in that I have submitted the DS 160 form to begin the visa application process, however now believe that was a mistake as an ESTA would gave been sufficient.
> 
> Does anyone know where the information goes? Would it be linked to the passport on arrival in the US?
> 
> Thanks for any help!


What happened with yours in the end?? We have done the same here.. Would love to hear if anything happened?


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## tim1858 (Oct 21, 2015)

I am thinking of travelling to Canada, but they now have a ETA form which has to be completed. This has a tick box yes/no question regarding criminal convictions. I have a conviction from 2005 which is now spent over here. From what I've read if you admit to the offence it could take ages before they grant or reject your application. Would the same advice of ticking no apply here as well?


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> I am thinking of travelling to Canada, but they now have a ETA form which has to be completed. This has a tick box yes/no question regarding criminal convictions. I have a conviction from 2005 which is now spent over here. From what I've read if you admit to the offence it could take ages before they grant or reject your application. Would the same advice of ticking no apply here as well?


i was recently in canada and didn't fill anything in - just turned up and was let in. and more importantly out.


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## tim1858 (Oct 21, 2015)

Pickman's model said:


> i was recently in canada and didn't fill anything in - just turned up and was let in. and more importantly out.


I think it starts officially next March. I know they share records with the USA, but I'm not sure if they do with the UK.


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> I think it starts officially next March. I know they share records with the USA, but I'm not sure if they do with the UK.


go before march then.

next.


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## tim1858 (Oct 21, 2015)

Pickman's model said:


> go before march then.
> 
> next.



You are such a wit! Well that's probably half right.


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> You are such a wit! Well that's probably half right.


pisspoor.


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## tim1858 (Oct 21, 2015)

Grow up.


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> Grow up.


i would rather stay a child and keep my self-respect if being an adult means being like you.


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## tim1858 (Oct 21, 2015)

Pickman's model said:


> i would rather stay a child and keep my self-respect if being an adult means being like you.


Oh dear, what a pompous, self important prick you are!!!


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## Supine (Oct 21, 2015)

editor said:


> Be helpful please people.



if this thread was deleted would google stop sending people here with the same question? Just curious.


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> Oh dear, what a pompous, self important prick you are!!!


maybe so. but still less pompous, less self-important, and less of a prick than you.


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## tim1858 (Oct 21, 2015)

Pickman's model said:


> maybe so. but still less pompous, less self-important, and less of a prick than you.


I hoped to get serious replies and not puerile comments. You chose reply with sarcasm which is not very helpful. If I could travel before March then I obviously would.


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## Spymaster (Oct 21, 2015)

tim1858 said:


> I think it starts officially next March. I know they share records with the USA, but I'm not sure if they do with the UK.



The US and Canadians have swapped places regarding this.

Whilst the US have loosened up the criteria on ESTA, the Canadians are introducing the eTA program requiring disclosure to: "Have you ever committed, been arrested for, been charged with or convicted of *any criminal offence* in any country?"

This is far more draconian than the US ESTA which only requires a response to certain offences.

Unless Trudeau fucks it off, Canada gets a lot more difficult to visit legally for a lot of people from March.


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## Pickman's model (Oct 21, 2015)

tim1858 said:


> I hoped to get serious replies and not puerile comments. You chose reply with sarcasm which is not very helpful. If I could travel before March then I obviously would.


you got serious replies. two of them. and being as you said fuck all about not travelling before march in your initial post you got the best reply there was with the information you provided. then you decided to be arsy and the rest is history.


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## ddraig (Oct 21, 2015)

tim1858 said:


> I hoped to get serious replies and not puerile comments. You chose reply with sarcasm which is not very helpful. If I could travel before March then I obviously would.


Shush now while you can


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## tim1858 (Oct 21, 2015)

Spymaster said:


> The US and Canadians have swapped places regarding this.
> 
> Whilst the US have loosened up the criteria on ESTA, the Canadians are introducing the eTA program requiring disclosure to: "Have you ever committed, been arrested for, been charged with or convicted of *any criminal offence* in any country?"
> 
> ...



That's the impression I got too. This was introduced by Harper presumably, Trudeau's just been elected.


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## editor (Oct 21, 2015)

Supine said:


> if this thread was deleted would google stop sending people here with the same question? Just curious.


People can just ignore the thread if it causes such pain for them.


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## Pickman's model (Oct 21, 2015)

editor said:


> People can just ignore the thread if it causes such pain for them.


what i find surprising is that it's been such a hardy perennial.


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## ddraig (Oct 21, 2015)

lots of people thinking their situation is unique, or hoping
and wanting others to make the decision for them!


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## Pickman's model (Oct 21, 2015)

ddraig said:


> lots of people thinking their situation is unique, or hoping
> and wanting others to make the decision for them!


lazy fuckers


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## ruffneck23 (Oct 21, 2015)

Just go for it , it's what I did 3 weeks ago and had the time of my life ( in the US ) 

If you don't take risks in life you will lose
out


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## 1%er (Oct 21, 2015)

Maybe if this was reposted every time people would read it, taken from the quote below: The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction related information) is shared with the United States



1%er said:


> No foreign government or agency's have automatic access to the UK police national computer. There is a department with-in the home office that will supply foreign law enforcement agency's with information from the PNC if certain criteria is met (in some cases this can be done via Interpol).
> 
> I suspect that if a screen-shot was taken of the FBI reading information from the UK PNC, that information was supplied by the department I mention above.
> 
> ...


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## Pickman's model (Oct 21, 2015)

1%er said:


> Maybe if this was reposted every time people would read it


maybe


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## 1%er (Oct 21, 2015)

Pickman's model said:


> maybe


Lazy people will learn the hard way, if they ever learn at all


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## jigabba (Nov 4, 2015)

Hi all.
I have been reading loads of posts on here and am feeling a bit overwhelmed! Basically the situation is that my partner and I havea  5 day trip to NY coming up for my 30th birthday (very excited!) We have applied for our ETSAs and have been approved etc. Now, my partner has remembered that waaaay back when as a teenager (probably about 12/13 years ago now) he WAS arrested and caught with lots of class A drugs. Was taken to the station and put in a cell for a couple of hours and then he was let go - no conviction, no nothing. Apparently something to do with them not going by the proper procedure or something like that, so he basically got off scott free with no record (or so he remembers). 
Should this be cause for concern at all?! He's 99% sure he doesn't have a criminal record, and he certainly never got summoned to court or threatened with court or anything (no conviction). On the ETSA (which I did for both of us) I ticked no to everything. Should we just tick No on the green form on the plane as well... I mean, we don't have any other options really!
Feeling ill at the thought of being turned away when we get there. It would be devastating, and whats more, my family know nothing about his long lost past with drugs, and it would be just mortifying. 
I keep reading about finger print scanners - does everyone who enters the USA have to have their fingers scanned then? I never knew this... what if his prints show up?!


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## ddraig (Nov 5, 2015)

you'll be fine
no conviction, nothing to put on the form, nothing to declare, nothing to worry about


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## ruffneck23 (Nov 5, 2015)

As said above you will be fine unless you look shifty...


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## jigabba (Nov 5, 2015)

That's sort of put my mind at ease. But now I've researched all this is going to be hard not to be nervous when walking through!! Basically am I correct in thinking that if you've not flagged anything up on your visa waiver by checking no to everything, there is literally no way that they can tell you've lied UNLESS you're extremely unlucky and get 'spot checked' at customs? (Which is rare, right?) and even then if you just say no to everything then surely that's the end of it, they won't bother checking unless they seriously have reason to believe you're lying...


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## Pickman's model (Nov 5, 2015)

jigabba said:


> That's sort of put my mind at ease. But now I've researched all this is going to be hard not to be nervous when walking through!! Basically am I correct in thinking that if you've not flagged anything up on your visa waiver by checking no to everything, there is literally no way that they can tell you've lied UNLESS you're extremely unlucky and get 'spot checked' at customs? (Which is rare, right?) and even then if you just say no to everything then surely that's the end of it, they won't bother checking unless they seriously have reason to believe you're lying...


now that so many enemy combatants have left guantanamo they are repopulating the camp with people who thought to travel to the usa with a criminal record.


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## ruffneck23 (Nov 5, 2015)

jigabba said:


> That's sort of put my mind at ease. But now I've researched all this is going to be hard not to be nervous when walking through!! Basically am I correct in thinking that if you've not flagged anything up on your visa waiver by checking no to everything, there is literally no way that they can tell you've lied UNLESS you're extremely unlucky and get 'spot checked' at customs? (Which is rare, right?) and even then if you just say no to everything then surely that's the end of it, they won't bother checking unless they seriously have reason to believe you're lying...


 
just keep cool, youl prbably be knackered from the flight anyways an a bit disorientated , when i went through i was dressed fairly smartly and it was a reall painless process, including te fnger print scan


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## DaveCinzano (Nov 5, 2015)

Have a cheeky one-skinner in the toilets before you touch down to calm your nerves


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## nogojones (Nov 5, 2015)

jigabba said:


> Hi all.
> I have been reading loads of posts on here and am feeling a bit overwhelmed! Basically the situation is that my partner and I havea  5 day trip to NY coming up for my 30th birthday (very excited!) We have applied for our ETSAs and have been approved etc. Now, my partner has remembered that waaaay back when as a teenager (probably about 12/13 years ago now) he WAS arrested and caught with lots of class A drugs. Was taken to the station and put in a cell for a couple of hours and then he was let go - no conviction, no nothing. Apparently something to do with them not going by the proper procedure or something like that, so he basically got off scott free with no record (or so he remembers).
> Should this be cause for concern at all?! He's 99% sure he doesn't have a criminal record, and he certainly never got summoned to court or threatened with court or anything (no conviction). On the ETSA (which I did for both of us) I ticked no to everything. Should we just tick No on the green form on the plane as well... I mean, we don't have any other options really!
> Feeling ill at the thought of being turned away when we get there. It would be devastating, and whats more, my family know nothing about his long lost past with drugs, and it would be just mortifying.
> I keep reading about finger print scanners - does everyone who enters the USA have to have their fingers scanned then? I never knew this... what if his prints show up?!



You'll be fine

But what I want to know is where did all them drugs go?


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## DaveCinzano (Nov 5, 2015)

nogojones said:


> You'll be fine
> 
> But what I want to know is where did all them drugs go?


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## jigabba (Nov 5, 2015)

Haha! I must say, I do love the humour going on in this forum.


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## DaveCinzano (Nov 5, 2015)

Humour?


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## jigabba (Nov 5, 2015)

So what it boils down to is that so long as we don't act really bizarrely and suspicious when walking through customs, nobody will batt an eyelid at us?


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## Pickman's model (Nov 5, 2015)

DaveCinzano said:


> Humour?


it's the english for humor.


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## DaveCinzano (Nov 5, 2015)

jigabba said:


> So what it boils down to is that so long as we don't act really bizarrely and suspicious when walking through customs, nobody will batt an eyelid at us?


 Pretty much. Just try not to fiddle with your shoes too much, and definitely consider leaving the comedy 'Pants On Fire' smoking undercrackers at home.


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## Bahnhof Strasse (Nov 5, 2015)

DaveCinzano said:


> Have a cheeky one-skinner in the toilets before you touch down to calm your nerves


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## jigabba (Nov 5, 2015)

Even in the very unlikely situation of being randomly pulled aside and asked questions, what sort of questions do they ask - is it just he usual 'where are you staying and for how long' and 'how much cash do you have on you' etc? Or will they ask 'do you have any criminal convictions or arrests?' And if we simply state 'no', they won't delve further? Sorry for all the questions, just covering all possibilities! I am sure nobody can properly answer this as I presume most of you lot have been through with no troubles but...


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## 1%er (Nov 5, 2015)

jigabba said:


> Even in the very unlikely situation of being randomly pulled aside and asked questions, what sort of questions do they ask - is it just he usual 'where are you staying and for how long' and 'how much cash do you have on you' etc? Or will they ask 'do you have any criminal convictions or arrests?' And if we simply state 'no', they won't delve further? Sorry for all the questions, just covering all possibilities! I am sure nobody can properly answer this as I presume most of you lot have been through with no troubles but...


No-one is randomly pulled aside in American airports, everyone traveling on a non-American passport is pulled aside without exception. You will have to go through a TSA checkpoint and have your fingerprint taken, at which point they will want to see your documentation, make sure you have put an address down on the document that asks where you are staying (you can not just put down the airport hotel, it needs to be a full address that they can check on). Don't try and be funny as you will just be told to go to "secondary", where you will be made to wait and fucked around just because they can! Don't tell any lies other than you don't have a criminal record.


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## jigabba (Nov 5, 2015)

I was under the impression that it's only people arriving with visas from European countries (not the UK which is eligible for the visa waiver) who are finger printed.


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## 1927 (Nov 6, 2015)

jigabba said:


> I was under the impression that it's only people arriving with visas from European countries (not the UK which is eligible for the visa waiver) who are finger printed.


Everybody has finger prints and photograph/retina scan done on arrival.


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## jigabba (Nov 6, 2015)

Just discussed with a friend who went recently and yes, she has confirmed this! What a ball ache. But After some research I'm confident that they can't get any info from you wth this u less you're a terrorist or fraudster and you're wanted ! So that's good lol
I know we'll be fine, so glad I stumbled across this forum! I was in a blind panic a few days ago but you've all really helped to clear my mind and calm me down and make me realise how unnecessarily anxious I was! 
We're off to NYC in a week and a half so I'll be sure to let you all know how we get on


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## Bahnhof Strasse (Nov 6, 2015)

jigabba said:


> Just discussed with a friend who went recently and yes, she has confirmed this! What a ball ache. But After some research I'm confident that they can't get any info from you wth this u less you're a terrorist or fraudster and you're wanted ! So that's good lol
> I know we'll be fine, so glad I stumbled across this forum! I was in a blind panic a few days ago but you've all really helped to clear my mind and calm me down and make me realise how unnecessarily anxious I was!
> We're off to NYC in a week and a half so I'll be sure to let you all know how we get on




It's easy, just be polite but act bored and they'll waive you through once they've done what they have to do. a 1%er says, tell the truth except on the criminal record bit, (never been asked this, don't know anyone personally who says they have either), and have a great trip!


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## 1%er (Nov 6, 2015)

1927 said:


> Everybody has finger prints and photograph/retina scan done on arrival.


When did they start taking photos and retina scans? Is this something that has come in with-in the last 10 months?

I have traveled to the USA from various country over many years and I have never had my photo taken (as far as I can remember) and for sure have never had a retina scan. They did once photocopy some pages from my passport, but that was because the person I was traveling with had some "irregularities" with their documentation, TSA bullshit.


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## jigabba (Nov 8, 2015)

After conducting a bit of research, quite a while it seems!


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## keybored (Nov 8, 2015)

jigabba said:


> Even in the very unlikely situation of being randomly pulled aside and asked questions, what sort of questions do they ask - is it just he usual 'where are you staying and for how long' and 'how much cash do you have on you' etc? Or will they ask 'do you have any criminal convictions or arrests?' And if we simply state 'no', they won't delve further? Sorry for all the questions, just covering all possibilities! I am sure nobody can properly answer this as I presume most of you lot have been through with no troubles but...


"Have you ever been a member of The Communist Party?". That's all.

(Say "no" to this one btw).


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## Simpo (Nov 9, 2015)

Hi guys, I've spent a while reading through the forums and am feeling pretty confident that I should tick the no box on the ESTA however I'd just like a second opinion haha!

My situation is that back in August I received a court fine for Possession of a Class B drug (Cannabis). Unfortunately for me it wasn't even mine and my friend had left it in my car by mistake, however that's a different story. I live in Northern Ireland and a court fine over here under the Rehabilitation of Offenders act lasts 5 years. I have read the forum and understand that the US do not recognise the Rehabilitation of Offenders act for immigration purposes, however is it 100% fact that the US are unable to see our convictions unless we declare them? My situation is unique as I am travelling with family (I'm 20) and nobody in my family is aware of my conviction and I don't plan on them ever knowing. 

Thanks.


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## joustmaster (Nov 9, 2015)

Simpo said:


> Hi guys, I've spent a while reading through the forums and am feeling pretty confident that I should tick the no box on the ESTA however I'd just like a second opinion haha!
> 
> My situation is that back in August I received a court fine for Possession of a Class B drug (Cannabis). Unfortunately for me it wasn't even mine and my friend had left it in my car by mistake, however that's a different story. I live in Northern Ireland and a court fine over here under the Rehabilitation of Offenders act lasts 5 years. I have read the forum and understand that the US do not recognise the Rehabilitation of Offenders act for immigration purposes, however is it 100% fact that the US are unable to see our convictions unless we declare them? My situation is unique as I am travelling with family (I'm 20) and nobody in my family is aware of my conviction and I don't plan on them ever knowing.
> 
> Thanks.


I'm sure you'll be fine.


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## Supine (Nov 9, 2015)

Hi Urban, i am worried about gaining entry to the US and wonder if you could help me.

I am on Interpols top ten wanted list. Does anybody know if this is checked at immigration?

Thanks


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## joustmaster (Nov 9, 2015)

Supine said:


> Hi Urban, i am worried about gaining entry to the US and wonder if you could help me.
> 
> I am on Interpols top ten wanted list. Does anybody know if this is checked at immigration?
> 
> Thanks


I'm sure you'll be fine.


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## Maurice Picarda (Nov 9, 2015)

US immigration stopped dancing to Interpol's tune after the disappointment that was Our Love To Admire.


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## ddraig (Nov 9, 2015)

Simpo said:


> Hi guys, I've spent a while reading through the forums and am feeling pretty confident that I should tick the no box on the ESTA however I'd just like a second opinion haha!
> 
> My situation is that back in August I received a court fine for Possession of a Class B drug (Cannabis). Unfortunately for me it wasn't even mine and my friend had left it in my car by mistake, however that's a different story. I live in Northern Ireland and a court fine over here under the Rehabilitation of Offenders act lasts 5 years. I have read the forum and understand that the US do not recognise the Rehabilitation of Offenders act for immigration purposes, however is it 100% fact that the US are unable to see our convictions unless we declare them? My situation is unique as I am travelling with family (I'm 20) and nobody in my family is aware of my conviction and I don't plan on them ever knowing.
> 
> Thanks.


how is your situation unique?


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## ruffneck23 (Nov 9, 2015)

jigabba said:


> I was under the impression that it's only people arriving with visas from European countries (not the UK which is eligible for the visa waiver) who are finger printed.


i got my fingerprints taken last month with an esta from the UK , but it really was nothing to worry about


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## ruffneck23 (Nov 9, 2015)

Simpo said:


> Hi guys, I've spent a while reading through the forums and am feeling pretty confident that I should tick the no box on the ESTA however I'd just like a second opinion haha!
> 
> My situation is that back in August I received a court fine for Possession of a Class B drug (Cannabis). Unfortunately for me it wasn't even mine and my friend had left it in my car by mistake, however that's a different story. I live in Northern Ireland and a court fine over here under the Rehabilitation of Offenders act lasts 5 years. I have read the forum and understand that the US do not recognise the Rehabilitation of Offenders act for immigration purposes, however is it 100% fact that the US are unable to see our convictions unless we declare them? My situation is unique as I am travelling with family (I'm 20) and nobody in my family is aware of my conviction and I don't plan on them ever knowing.
> 
> Thanks.




just say no on the esta and dont look shifty


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## 1927 (Nov 10, 2015)

ddraig said:


> how is your situation unique?


By unique I think they mean their situation is exactly the same as hundreds of others who have already posted, common as fuck  is the new unique, didn't you know!?


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## ddraig (Nov 10, 2015)

thought so!


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## jigabba (Nov 11, 2015)

I know it must be really boring and frustrating for those of you who have been here for years, telling people the same things over and over again, I do get it lol. But I think it's just human nature to freak out and worry. and no matter how many times you read a thread of information, as a worried human being we tend to seek second, third or even fourth opinions in these sensitive situations.
Especially seeing as those posting are new to all this. I know personally that even after reading over most of the forum before posting, my brain still demanded I write and ask those questions JUST TO MAKE SURE that all info that had been given up till now was still correct and accurate. I couldn't help myself lol.

I am certain that once me, and those others who have posted recently, make it through their trips with no worries, we will no doubt be rolling our eyes and sighing at the new people who come here and ask the same questions we did. But I know that I won't stop worrying until I am through those customs at New York and back home again safely. Silly I know, but that's human nature. 

I am excited to come back here and post details of how our trip goes (hopefully without any problems!) and help to let others know what to expect. It IS a shame that there are not many people here who have come back to share their experiences, whether it be good or bad, so that doesn't help to put people's minds at ease I don't think. Hence why people repeatedly ask the same questions over and over. 

Anywhoooo - thank you ALL so much for everything so far. Please know I am appreciative (as I am sure the others are) and we don't intend to piss you off with our, what to you seems to be, menial questions. I am sure we will all laugh at ourselves soon enough and be in your boots!


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## ddraig (Nov 11, 2015)

Awww shuks, you can stay


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## 1%er (Nov 11, 2015)

jigabba said:


> After conducting a bit of research, quite a while it seems!


Can you point me to some of your research please as I have been to the USA many times and I can't recall ever having my photo taken and for sure have never been given a retina scans. I flown into the USA from at least 5 different countries over the last 4 years and my situation has been just like  ruffneck23 says in post 982 above "fingerprints only".


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## jigabba (Nov 11, 2015)

This has come from asking a couple of friends who have travelled recently (this year) and from just basic googling !


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## jigabba (Nov 11, 2015)

I should point out - the retinal scans is incorrect I believe , just fingerprinting and picture taking


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## 1%er (Nov 11, 2015)

jigabba said:


> This has come from asking a couple of friends who have travelled recently (this year) and from just basic googling !





jigabba said:


> I should point out - the retinal scans is incorrect I believe , just fingerprinting and picture taking


When you come back you can tell us if you had your picture taken, I'd be surprised if you do 

Clearly ruffneck23 didn't have his photo taken last month and I didn't have mine taken when I last went


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## ruffneck23 (Nov 11, 2015)

I don't think I did lol , it may vary from airport to airport, all I remember is the finger printing and trying to look normal....

And if they did take my photo , it made no difference


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## 1%er (Nov 11, 2015)

ruffneck23 said:


> I don't think I did lol , it may vary from airport to airport, all I remember is the finger printing and trying to look normal....
> 
> And if they did take my photo , it made no difference


For sure they will have captured your facial image (video) but that is different from taking your picture, I have traveled to many airports in the USA and can never remember having had my photo taken, it may have happened, but it would have been many years ago as I can't remember it, if it did.

My only reason for questioning it in the first place is because "wrong" information on a thread like this needs to be challenged, if others read what they know is bullshit they may well think the whole thread is bullshit.


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## Manter (Nov 11, 2015)

They photograph at JFK. But not at o'hare.


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## joustmaster (Nov 11, 2015)

I've been photographed when arriving in a few different countries.


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## Maurice Picarda (Nov 11, 2015)

joustmaster said:


> I've been photographed when arriving in a few different countries.



You're a moderately well known singer-songwriter, though.


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## joustmaster (Nov 11, 2015)

Maurice Picarda said:


> You're a moderately well known singer-songwriter, though.


I'm like a scaled up, hairy version of kylie


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## 1927 (Nov 11, 2015)

jigabba said:


> I should point out - the retinal scans is incorrect I believe , just fingerprinting and picture taking


Evidently it is retina cognition, which I didn't appreciate is different to retina scanning.

I have been fingerprinted and had photo taken ( actually infra red retina recognition as it turns out) every time I've travelled stateside since 2005 at least.


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## jigabba (Nov 16, 2015)

So, I know it probably sounds a bit tasteless to say it, but what with everything that's happened over the past few days with ISIS, no doubt the airports (particularly US airports) will be on high alert.
Bad news is I expect this will make the wait in customs even more unbearable... Good news though, I doubt very much they are going to give two shits about anyone entering the country unless a known terror suspect! Safe to say I think anyone concerned about ravelling with minor convictions or arrests should stop fretting now!


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## Reno (Nov 20, 2015)

jigabba said:


> Safe to say I think anyone concerned about ravelling with minor convictions or arrests should stop fretting now!



LOL


----------



## jigabba (Nov 26, 2015)

WELL... Hello everyone! 

I am back, from an AMAZING 5 days in NYC! Oh my gosh, I cannot stress enough how unnecessary it was to worry over this stuff. PLEASE, please, if you have any nervous reservations about having a small conviction or arrest or anything like that, just GO. You will not regret it, and you will not get caught out.

We got on our plane at Heathrow with no probs after showing our ESTA's and sat there for the 7.5hr flight slightly nervous about what might occur at the other end. My partner is a nervous person as it is, so I had to keep reminding him to stay calm and not act weird in any way! haha, but he was absolutely fine.

We flew to Newark, not JFK, and the customs queue was TINY (thank god!) it took us a matter of minuets to reach the customs desk. Looking around at the customs officers, they all looked really intimidating and harsh so we were getting really worried by this point, naturally, but you must keep reminding yourselves that it's THEIR JOB to intimidate you and make you feel nervous. So don;t let them win! Anyway, we walked up to our desk and... miraculously, we got a super friendly officer! he smiled and said 'Welcome to the United states, are you here on holiday?' to which we both smiled and replied 'yep!' - I told him we were travelling for my 30th birthday and he wished me a happy birthday and asked what sorts of things I had planned on our trip (he was trying to catch us out by asking things like 'do you know what restaurants you're going to eat at or attractions you want to see?' etc) I told him we had tickets for the Lion King show on Broadway that my family had bought me and he grinned and said 'AWESOME!' haha 

This was all going on whilst he was quickly scanning our finger prints, which took seconds. 

The ONLY thing he looked at was the form we both filled out on the plane, which stated our hotel address and whether or not we had anything to declare (food, plants etc) He honestly barely looked at our ESTA forms! He looked at our passport photos and studied them fairly well before looking at us to make sure we were the same people, as they always do and then stamped our forms and wished us a happy holiday. It was so pain free and simple. We just acted totally normal and answered his questions honestly and quickly and made sure we were polite and friendly.

I think we WERE lucky to get such a pleasant officer, to be fair. Some of the other ones seemed to really be grilling people and making them a bit uncomfortable, but everyone got through no worries, and I am SURE that my partner can't have been the only person on that flight with a criminal past, no matter how small. They have no access to your criminal record whatsoever, and like people have said here before, the ONLY way they will know anything is IF YOU TELL THEM! 

So, go... go on your holiday to the states, and just TICK NO in every box. You will be fine. I promise you


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## ddraig (Nov 26, 2015)

great news and thanks for coming back to share!!!

we can start linking the 1 post wonders who find this thread in google to your post now #1001


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## 1927 (Nov 26, 2015)

It's been a long trip, but we fucking got there in the end.

But a little bit of me just died!


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## ddraig (Nov 26, 2015)

34 pages!


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## not-bono-ever (Nov 26, 2015)

lock this mutha thread down now


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## Bahnhof Strasse (Nov 27, 2015)

Brilliant that you had such a great trip jigabba 

One thing, he wouldn't look at your ESTA forms, cos there were none, the E stands for Electronic...


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## jigabba (Dec 2, 2015)

Bahnhof Strasse said:


> Brilliant that you had such a great trip jigabba
> 
> One thing, he wouldn't look at your ESTA forms, cos there were none, the E stands for Electronic...



Haha well, good point! I meant the print out we had with us lol


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## Andrew Blunt (Dec 11, 2015)

Can anybody answer my problem - I'm going to US in 10 days and on advice of the Embassy applied for a visa as I was convicted for failing to disclose a change of circumstance to the DWP (I wrote to the wrong office). The Embassy haven't been releasing interview dates for months and now I have no chance of getting a visa before I travel. If I answer the ESTA questions truthfully it appears I will be eligible for travel to the US as my 'crime' did not involve fraud, rather a straightforward failure to disclose etc. Will they know about my visa application if I travel on an ESTA?


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## twentythreedom (Dec 11, 2015)

> on advice of the Embassy applied for a visa as I was convicted for failing to disclose a change of circumstance to theDWP (I wrote to the wrong office)



Convicted of what exactly? 

That aside, just crack on with your holiday, smile and admit nothing. All will be well


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## Andrew Blunt (Dec 12, 2015)

My conviction was 'Failing to inform the Sec of State of a change of circumstances' which covers anything not done in a fraudulent manner, Section 112 of the Social Security Admin Act.  I know I could have bluffed it with an ESTA but they have my visa application on record and I'm not going to get an interview in time to go.  Will they have this information to hand when we land in the US?


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## Supine (Dec 12, 2015)

Andrew Blunt said:


> My conviction was 'Failing to inform the Sec of State of a change of circumstances' which covers anything not done in a fraudulent manner, Section 112 of the Social Security Admin Act.  I know I could have bluffed it with an ESTA but they have my visa application on record and I'm not going to get an interview in time to go.  Will they have this information to hand when we land in the US?



Your not exactly interpol material. Dont look muslim and you'll be fine.


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## irt1873 (Dec 27, 2015)

Can anyone confirm as a matter of FACT whether or not the US immigration authorities have access to UK criminal records information and whether this is checked against the ESTA? Or does the US only know what they are told on the ESTA?
Many thanks!


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## Manter (Dec 27, 2015)

Read the bloody thread. It's confirmed about once a page


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## ruffneck23 (Dec 27, 2015)

irt1873 said:


> Can anyone confirm as a matter of FACT whether or not the US immigration authorities have access to UK criminal records information and whether this is checked against the ESTA? Or does the US only know what they are told on the ESTA?
> Many thanks!


Really ? Just say no and don't look shifty , feeling a lot of de ja vu here


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## ruffneck23 (Dec 27, 2015)

Manter said:


> Read the bloody thread. It's confirmed about once a page


This and stop being lazy , all the info is here if you can be bothered to read it


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## twentythreedom (Dec 27, 2015)

Andrew Blunt said:


> My conviction was 'Failing to inform the Sec of State of a change of circumstances' which covers anything not done in a fraudulent manner, Section 112 of the Social Security Admin Act.  I know I could have bluffed it with an ESTA but they have my visa application on record and I'm not going to get an interview in time to go.  Will they have this information to hand when we land in the US?


How did it go? Hope you had a good Christmas


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## djdazr (Dec 28, 2015)

Hi guys I'm new here tonight and I have been reading through the thread which has been a great help.I just have a slight concern about this whole going to the states with a criminal record thing. Basically i wanted to go a few years ago and kind of looked into it. I was told i needed a visa as i have a criminal record the length of my arm (back when i was around 18 i was done for affray,common assault and driving offences. Been to prison twice for non payment of fines and non compliant of community service) In the last 7 years i have "gone straight" and been a good boy. Anyway i thought i would do it all legit and go through the proper procedure of going to the embassy in London. Had all the correct paper work and waited to be called to the booth. It ended up with me being refused a visa and i put the idea of going to the states out of my head until last week when i thought i would just do what most people have done and said on here and just answer no to the criminal record section on the esta and hope to pass through u.s customs.

The bit I'm worried about is now that i have been to the embassy and gave my details over and denied a visa, will that show up when my passport is scanned? I know that the uk and u.s don't share criminal history but would that visa refusal show up? any help would be great. cheers guys


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## 1927 (Dec 28, 2015)

Count to ten, breath, in out, in out. Go for a walk............it's no good...

aaaaaaaaarrrrrrrrrrrggggggggghhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh!

Need sedation, send men in white coats!!!!!!


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## keybored (Dec 28, 2015)

djdazr said:


> I know that the uk and u.s don't share criminal history but would that visa refusal show up? any help would be great. cheers guys



The U.S. embassy will have a record of the visa refusal so I would guess there's every chance it would show up.



djdazr said:


> i thought i would just do what most people have done and said on here and just answer no to the criminal record section on the esta and hope to pass through u.s customs.



How are you planning on answering the "Have you ever been refused a visa to the United States?" question on the ESTA?

Why don't you just chance $14 and see if it gets refused or not, then report back?


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## djdazr (Dec 28, 2015)

keybored said:


> The U.S. embassy will have a record of the visa refusal so I would guess there's every chance it would show up.
> 
> 
> 
> ...


I was just going to lie on the esta and put no to everything.  then risk landing in the u.s but not sure if it would pop up that i been refused at customs


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## Manter (Dec 28, 2015)

Yes of course it will.


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## djdazr (Dec 28, 2015)

Manter said:


> Yes of course it will.


No go for me then


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## keybored (Dec 28, 2015)

djdazr said:


> I was just going to lie on the esta and put no to everything.  then risk landing in the u.s but not sure if it would pop up that i been refused at customs



It's going to pop up as soon as you apply for the ESTA (unless their systems are unbelievably slack, which I doubt in the current climate). Your passport number will be tied to your visa application and your passport number is needed for the ESTA.

Give it a go though, I'd be amazed if it goes through.


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## djdazr (Dec 28, 2015)

keybored said:


> It's going to pop up as soon as you apply for the ESTA (unless their systems are unbelievably slack, which I doubt in the current climate). Your passport number will be tied to your visa application and your passport number is needed for the ESTA.
> 
> Give it a go though, I'd be amazed if it goes through.


good thinking i forgot that. i will try it and report back


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## 1927 (Dec 28, 2015)

djdazr said:


> I was just going to lie on the esta and put no to everything.  then risk landing in the u.s but not sure if it would pop up that i been refused at customs


That's what you should have done in the first place!


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## djdazr (Dec 28, 2015)

1927 said:


> That's what you should have done in the first place!


yeah if i knew that now i wouldn't of bothered with the whole embassy thing. i should of looked into it more


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## not-bono-ever (Dec 28, 2015)

,


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## djdazr (Dec 29, 2015)

.


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## 1927 (Dec 29, 2015)

..


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## keybored (Dec 29, 2015)

*


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## not-bono-ever (Dec 29, 2015)

!


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## 1927 (Dec 30, 2015)

(..)#########


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## Bahnhof Strasse (Jan 4, 2016)

djdazr - apply for the ESTA and lie. Fly to Montreal and go by land to the US. If you get refused entry you get a holiday in Canada rather than put on the next plane back to the UK.


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## 5t3IIa (Jan 4, 2016)

Bahnhof Strasse said:


> djdazr - apply for the ESTA and lie. Fly to Montreal and go by land to the US. If you get refused entry you get a holiday in Canada rather than put on the next plane back to the UK.


You know a pretty good driving route down from Canuckistan to the the USA, don't you?


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## Bahnhof Strasse (Jan 4, 2016)

5t3IIa said:


> You know a pretty good driving route down from Canuckistan to the the USA, don't you?



Yes, a blinding drive if you wanna go from Gananoque to Syracuse. No good if you need to go to Lake Placid, that's not on the map.

Tbf, the border crossing near Gananoque must be one of the sleepiest going, so not such a bad idea...


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## DaveC (Jan 6, 2016)

I have a conviction 18 years ago for common assault carrying a bladed instrument(no one got hurt or touched)
I have been using the visa waiver system for years but now would like to correct that and apply for a normal visa
through the Embassy. I am aware that I stand to be barred for life. I also have a current shotgun license
. My question is and I have read through these comments but none addresses my query. Do you think there is a chance in being accepted ? I also have family in the USA( a brother)


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## not-bono-ever (Jan 6, 2016)

what benefits are there in doing this ?


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## not-bono-ever (Jan 6, 2016)

.


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## DaveC (Jan 6, 2016)

If it was ever disclosed I would be banned for life and as I have a brother an gf there this would not be good. In any event I would rather be upfront. I used to work for American Company so hoping his might help. The conviction was because the guy stole a lot of money from me I did not touch him and he called the police who came to my home I just pled guilty as didn't want court case


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## editor (Jan 6, 2016)

I can't think of any benefits to fessing up to even a minor conviction. I'd rather take my chances. They're only likely to go digging if you're unfortunate enough to e selected at random or go through customs looking super sweaty and extra shifty.


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## 1927 (Jan 7, 2016)

DaveC said:


> I have a conviction 18 years ago for common assault carrying a bladed instrument(no one got hurt or touched)
> I have been using the visa waiver system for years but now would like to correct that and apply for a normal visa
> through the Embassy. I am aware that I stand to be barred for life. I also have a current shotgun license
> . My question is and I have read through these comments but none addresses my query. Do you think there is a chance in being accepted ? I also have family in the USA( a brother)


Why do you want a VISA. You are eligible for visa waiver so no need to " correct" anything as you outbid!


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## DaveC (Jan 7, 2016)

Am considering moving to US and as such they require a Police report. Better to do it this way
sooner rather than later. I have worked American Companies for 20 year vso hoping honesty is the best policy


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## not-bono-ever (Jan 7, 2016)

obviously you have checked to see what is on the copper supplied migration  record ?


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## DaveC (Jan 7, 2016)

sorry dont understand..do you mean the  ACRO report ? If so yes I am waiting for it :-(


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## not-bono-ever (Jan 7, 2016)

acpo statement  will decide how you can proceed with this. you may be ok and find record wiped . the step down process was stopped in 2009. if the acpo shows a record or a no live trace tag, then you will have to come clean for a visa application.

I would avoid this path if at all possible. ..


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## DaveC (Jan 8, 2016)

Too late....have already informed Embassy and waiting report. I would hope that something that happened 18 years ago. This guy stole large amount of money from me,I went round but he shouted call the police so I left.
Prefer to come clean as if I dont want problems in the future, think thi si best way, but as you say it may not be and I will live to regret it ! Didnt know they wiped before 2009...is that correct ? am sure not !


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## DaveC (Jan 8, 2016)

Dont think it is wiped as I have a shotgun license and each renewal I have to go through it all again !!
but never refused. UK Gun laws much tighter than US ones but may make no difference at all
Many thanks for your constructive comments though. It is much appreciative.


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## 5t3IIa (Jan 8, 2016)

You allowed a shotgun license with your record, Dave?


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## DaveC (Jan 8, 2016)

Yes.....I'm a good boy ! not like your friend !!


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## Bahnhof Strasse (Jan 8, 2016)

If you avoided a court case is you conviction just a caution?


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## DaveC (Jan 8, 2016)

see next post


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## DaveC (Jan 8, 2016)

No I pleaded guilty at pre trial to avoid all the crap easier that way


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## 1927 (Jan 9, 2016)

DaveC said:


> Too late....have already informed Embassy and waiting report. I would hope that something that happened 18 years ago. This guy stole large amount of money from me,I went round but he shouted call the police so I left.
> Prefer to come clean as if I dont want problems in the future, think thi si best way, but as you say it may not be and I will live to regret it ! Didnt know they wiped before 2009...is that correct ? am sure not !


When it come to US immigration a criminal conviction is NEVER wiped!


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## Ed James (Jan 29, 2016)

Ok I have searched the forum and could not find an answer which could help. In 2009 I applied online for an ESTA but I ticked the box to say I had a criminal conviction, it then said I would need to visit the embassy which i never bothered to do, as everyone said they would just ban me for 5 years even for a small cannabis possession charge.

7 years later I now plan to visit NY however this time I am going to lie, the only thing that I am worried about is ESTA notifying immigration at the border about the form i submitted all those years ago. Surely they wouldn't have that on record right? I didn't pursue it any further, I just literally submitted the application and then forgot about it. I have also been approved for an ESTA which I applied for the other day, if they did have it on record surely they would not even grant it in the first place. To make this clear my only worry is will they store information from ESTA applications made in 2009 and could that stop me from entering at border control. 

I tried to find the information but I could not find any sufficient enough, hopefully somebody here is more knowledgable in this matter.

Thanks


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## editor (Jan 29, 2016)

Ed James said:


> Ok I have searched the forum and could not find an answer which could help. In 2009 I applied online for an ESTA but I ticked the box to say I had a criminal conviction, it then said I would need to visit the embassy which i never bothered to do, as everyone said they would just ban me for 5 years even for a small cannabis possession charge.
> 
> 7 years later I now plan to visit NY however this time I am going to lie, the only thing that I am worried about is ESTA notifying immigration at the border about the form i submitted all those years ago. Surely they wouldn't have that on record right? I didn't pursue it any further, I just literally submitted the application and then forgot about it. I have also been approved for an ESTA which I applied for the other day, if they did have it on record surely they would not even grant it in the first place. To make this clear my only worry is will they store information from ESTA applications made in 2009 and could that stop me from entering at border control.
> 
> ...


My best guess is that you'll be fine but it is a gamble either way... Sorry I can't be any more helpful.


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## youngian (Jan 29, 2016)

Dlt


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## gasguy (Feb 7, 2016)

Riddle me this then if you can ??? 

Ok - sorry to add to this huge thread - but I have a slightly different issue.

I have some minor criminal convictions (30 years ago) and a drugs caution (15 years ago), and I have travelled to the US dozens of times, however on my last trip, I got caught out on a toll road with no cash - I sent a cheque of when I returned to the UK but never looked into weather it was ever cashed and dont know if it arrived - so ny question is, if I do owe this toll ($7 I think ?) would this flag anything up when I enter the US again ??


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## Supine (Feb 7, 2016)

This thread couldn't get any stupider! Nobody on this forum is an expert in US policy on toll road debts (I think).


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## gasguy (Feb 7, 2016)

editor said:


> My best guess is that you'll be fine but it is a gamble either way... Sorry I can't be any more helpful.



Ok - sorry to add to this huge thread - but I have a slightly different issue.

I have some minor criminal convictions (x 2 about 30 years ago) and a drugs caution (15 years ago), and I have travelled to the US dozens of times, however on my last trip, I got caught out on a toll road with no cash - I sent a cheque of when I returned to the UK but never looked into weather it was ever cashed and dont know if it arrived - so ny question is, if I do owe this toll ($7 I think ?) would this flag anything up enough to look closer at my cicumstance when I enter the US again ???


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## gasguy (Feb 7, 2016)

Supine said:


> This thread couldn't get any stupider! Nobody on this forum is an expert in US policy on toll road debts (I think).


 
There seems to be general advise, and questions are being asked by concerned people. If you cant answer the question, dont bother posting on the topic dummy.


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## MrSki (Feb 7, 2016)

gasguy said:


> There seems to be general advise, and questions are being asked by concerned people. If you cant answer the question, dont bother posting on the topic dummy.


It is advice not advise.

Why not fuck off & check your bank statement? If you are really worried about it then contact the toll booth & find out if you have an outstanding debt or *whether* it might be a problem.

Seriously though, do you think someone on here is likely to know about your toll debt & whether they will look further into your case over 7 dollar then I think you need an oracle not U75.


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## Supine (Feb 7, 2016)

gasguy said:


> There seems to be general advise, and questions are being asked by concerned people. If you cant answer the question, dont bother posting on the topic dummy.



Dummy lol. 

Just go to US immigration and face the wrath of a country owed $7 (which you might have actually paid).


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## gasguy (Feb 7, 2016)

Apologies - that message wasn't meant for you


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## ddraig (Feb 7, 2016)

gasguy said:


> Go fuck yourself you pathetic keyboard tough guy, what a sad little cunt you are having to substitute having a real life with pissing around on an internet forum - even worse is that you are such a prick you even correct spellings TOTAL WANKER !!


go away
either check it out or ring em or take the risk
who the fuck is gonna know the answer to your specific question and why are you demanding it so
go away


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## gasguy (Feb 7, 2016)

ddraig said:


> go away
> either check it out or ring em or take the risk
> who the fuck is gonna know the answer to your specific question and why are you demanding it so
> go away



Fuck you prick


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## keybored (Feb 7, 2016)

I like this one!


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## Supine (Feb 7, 2016)

Is guantamano still open for business?


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## MrSki (Feb 7, 2016)

Supine said:


> Dummy lol.
> 
> Just go to US immigration and face the wrath of a country owed $7 (which you might have actually paid).


He might get extradited.


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## bi0boy (Feb 7, 2016)

gasguy said:


> Ok - sorry to add to this huge thread - but I have a slightly different issue.
> 
> I have some minor criminal convictions (x 2 about 30 years ago) and a drugs caution (15 years ago), and I have travelled to the US dozens of times, however on my last trip, I got caught out on a toll road with no cash - I sent a cheque of when I returned to the UK but never looked into weather it was ever cashed and dont know if it arrived - so ny question is, if I do owe this toll ($7 I think ?) would this flag anything up enough to look closer at my cicumstance when I enter the US again ???



It'll be a federal fine and so exempt from the Fair Debt Collection Practices Act. If it has escalated with additional recovery charges and fees you can expect to be held in custody at the airport until bail is met. If you don't have a spare $2 million, as most people don't, this bail charge will be met by a  bail bond agent. You'll then have to remain in the US until your court appearance. If you don't show up a bondsman will track you down and use reasonable force to take you to court.


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## 1927 (Feb 8, 2016)

I'm assuming that it was a hire car, if your cheque wasn't cashed the toll company would have charged the hire company, who would then have contra charged your credit card with the toll plus some exorbitant handling charge. You'll be fine.


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## wiskey (Feb 8, 2016)

bi0boy said:


> It'll be a federal fine and so exempt from the Fair Debt Collection Practices Act. If it has escalated with additional recovery charges and fees you can expect to be held in custody at the airport until bail is met. If you don't have a spare $2 million, as most people don't, this bail charge will be met by a  bail bond agent. You'll then have to remain in the US until your court appearance. If you don't show up a bondsman will track you down and use reasonable force to take you to court.


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## gasguy (Feb 8, 2016)

MrSki said:


> It is advice not advise.
> 
> Why not fuck off & check your bank statement? If you are really worried about it then contact the toll booth & find out if you have an outstanding debt or *whether* it might be a problem.
> 
> Seriously though, do you think someone on here is likely to know about your toll debt & whether they will look further into your case over 7 dollar then I think you need an oracle not U75.




Its a forum, and its for asking questions that might be difficult to answer or out of the ordinary - forums are for exchanging information with people who want to help others. I'm new to this particular forum, and its obviously very clicky and includes idiots like you who are sad enough to sit and read every post on topics you actually know nothing about only to leave shitty unhelpful reply's ! Why bother at all you total arse, go get a life and stop living a virtual one you miserable little shit kicker. 

You all have opinions but none of you can actually answer a simple fucking question, instead you regurgitate the same unhelpful bullshit that you have read somewhere on this crappy forum, and claim it as your own, take some advise (is that ok shit kicker ?) base your answers on actual knowledge not on the nonsense milling around your empty heads, as every one can speculate, not every one has a factual answer. 

I am however, happy to be taking one part of your advice (not advise you absolute prick) and I'm fucking off, and you and this unfriendly hostile forum can kiss my arse.

Fuck you


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## gasguy (Feb 8, 2016)

1927 said:


> I'm assuming that it was a hire car, if your cheque wasn't cashed the toll company would have charged the hire company, who would then have contra charged your credit card with the toll plus some exorbitant handling charge. You'll be fine.



Thank you, the first non hostile reply I've had.


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## Manter (Feb 8, 2016)

Bye now. Have a nice day.


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## gasguy (Feb 8, 2016)

bi0boy said:


> It'll be a federal fine and so exempt from the Fair Debt Collection Practices Act. If it has escalated with additional recovery charges and fees you can expect to be held in custody at the airport until bail is met. If you don't have a spare $2 million, as most people don't, this bail charge will be met by a  bail bond agent. You'll then have to remain in the US until your court appearance. If you don't show up a bondsman will track you down and use reasonable force to take you to court.




Wrong - another total idiot spouting shit ! I'm actually enjoying some of your answers now, each one is more pathetic than the last ! 

Think I'll hang around until I'm banned !!


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## editor (Feb 8, 2016)

gasguy said:


> Wrong - another total idiot spouting shit ! I'm actually enjoying some of your answers now, each one is more pathetic than the last !
> 
> Think I'll hang around until I'm banned !!


Or you could just stop acting like a petulant skidmark?


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## gasguy (Feb 8, 2016)

Manter said:


> Bye now. Have a nice day.



Still here fuck tard (no likes on your comment Mr Wannabe popular).


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## gasguy (Feb 8, 2016)

editor said:


> Or you could just stop acting like a petulant skidmark?



Really ? Have you read the early reply's ? I'll take skidmark all day long, if you admit your members are small minded arse holes ?!


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## editor (Feb 8, 2016)

gasguy said:


> Really ? Have you read the early reply's ? I'll take skidmark all day long, if you admit your members are small minded arse holes ?!


Just shush. No one's interested in your amateur dramatics.


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## MrSki (Feb 9, 2016)

gasguy said:


> You all have opinions but none of you can actually answer a simple fucking question,


A simple question?

The question being? "I have not checked my bank statement to see if my cheque was cashed.  Can you tell me if I am in trouble over $7?"


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## MrSki (Feb 9, 2016)

gasguy said:


> Really ? Have you read the early reply's ? I'll take skidmark all day long, if you admit your members are small minded arse holes ?!


You are a member you small minded arse hole.
I did not realise that arseholes had minds but here we go. 

Just to wind you up a little bit more (& this coming from someone who is shit at spelling and grammar.) it is 'replies' not reply's'

Hope you don't gas yourself.


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## JimW (Feb 9, 2016)

Last I read they don't check for criminal record or outstanding fines any more, but they do look through recent internet posts for profanity.


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## gasguy (Feb 9, 2016)

MrSki said:


> A simple question?
> 
> The question being? "I have not checked my bank statement to see if my cheque was cashed.  Can you tell me if I am in trouble over $7?"


 
A bank statemet from 8 years ago for an amount and benificiary I'm actually unsure of is not as easy as writing on this forum


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## gasguy (Feb 9, 2016)

MrSki said:


> You are a member you small minded arse hole.
> I did not realise that arseholes had minds but here we go.
> 
> Just to wind you up a little bit more (& this coming from someone who is shit at spelling and grammar.) it is 'replies' not reply's'
> ...



Ha ha - as I said I'm enjoying myself fuck-tard, and I'm a member purely to get an answer to a question, something you cant provide you silly prick. 

Re the spelling, like I give a shit ! 

Keep em coming toss pot


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## gasguy (Feb 9, 2016)

editor said:


> Just shush. No one's interested in your amateur dramatics.



They seem to be interested, getting plenty of posts


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## editor (Feb 9, 2016)

gasguy said:


> They seem to be interested, getting plenty of posts


Stop acting like an attention seeking prick, please. Consider this your final warning.


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## Chapsey... (Feb 12, 2016)

Hi,
Last year I done something really stupid I pushed somebody and got charged for assault. The charge was "assault to pushing somebody to the body" I know so stupid! But I got six months good behaviour for it, the good behaviour is up now. I'm going to America in 7 weeks time (family holiday) I applied for a esta and it got denied..can I reapply for the esta but put no this time ? would it work? Or am I best to apply for a visa? I know I'm cutting it fine but I honestly didn't think anything of it when I booked and paid for the holiday!


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## Onlyme83 (Feb 14, 2016)

Hi I'm new I've been reading this thread for ages. I'm aware that I have a moral turpitude conviction and will have to answer no on my esta to try and get through. My only question is my conviction is unspent so should I wait until it's finally spent which is later this year? Or does it not make a difference when applying for an esta?


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## pogofish (Feb 15, 2016)

No difference - Spent or not, its all the same to the US.


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## DaveC (Feb 16, 2016)

1927 said:


> When it come to US immigration a criminal conviction is NEVER wiped!


Good News 10 year visa 4 minute interview. Polite friendly interview.
Better to be upfront and not as scary as one imagines.
May I make an observation here.  People here are looking for answers and help. They do not need pulling down with obscene comments which I see on the next page so please help them not deride them.


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## DaveC (Feb 17, 2016)

Onlyme83 said:


> Hi I'm new I've been reading this thread for ages. I'm aware that I have a moral turpitude conviction and will have to answer no on my esta to try and get through. My only question is my conviction is unspent so should I wait until it's finally spent which is later this year? Or does it not make a difference when applying for an esta?


Depends on the offence whether you should go the esta route or not but think ESTA best for you if not planning to stay


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## Supine (Feb 17, 2016)

DaveC said:


> so please help them not deride them.



Why not find a link that they can all use. They seem to think U75 is expert on this subject, which it isn't.


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## gasguy (Feb 22, 2016)

Supine said:


> Why not find a link that they can all use. They seem to think U75 is expert on this subject, which it isn't.


Your just full of helpful advice aren't you.


----------



## wiskey (Feb 22, 2016)

DaveC said:


> May I make an observation here.  People here are looking for answers and help. They do not need pulling down with obscene comments which I see on the next page so please help them not deride them.



you have to understand that this is a community, we aren't used to people just rocking up for one purpose, asking the same question (in slightly different words) as the previous 900 people and then sodding off again... we like people who contribute. 

We don't provide a service, we don't have to help ... sometimes this thread just feels a bit


----------



## bi0boy (Feb 22, 2016)

us visa forum - Google Search


----------



## Supine (Feb 23, 2016)

gasguy said:


> Your just full of helpful advice aren't you.



And your a knob


----------



## DaveC (Feb 23, 2016)

Chapsey... said:


> Hi,
> Last year I done something really stupid I pushed somebody and got charged for assault. The charge was "assault to pushing somebody to the body" I know so stupid! But I got six months good behaviour for it, the good behaviour is up now. I'm going to America in 7 weeks time (family holiday) I applied for a esta and it got denied..can I reapply for the esta but put no this time ? would it work? Or am I best to apply for a visa? I know I'm cutting it fine but I honestly didn't think anything of it when I booked and paid for the holiday!


You say you applied for an ESTA but did not say if you disclosed your record. On  the assumption you did, then you will have to go the Visa route as the ESTA record will still be in place. You can try it and see. You are leaving it a bit short for Visa unless you apply for the emergency appointment. (but put no this time).....did not see that !! try it and see. Good luck !


----------



## gasguy (Feb 23, 2016)

Supine said:


> And your a knob



That the best you got you prick...


----------



## editor (Feb 23, 2016)

gasguy said:


> That the best you got you prick...


Last warning. Quit the abuse, newbie.


----------



## Supine (Feb 23, 2016)

gasguy said:


> That the best you got you prick...



You should have corrected my spelling for full urban points


----------



## wiskey (Feb 23, 2016)

Supine said:


> You should have corrected my spelling for full urban points


I managed to resist ... just


----------



## wiskey (Feb 23, 2016)

editor said:


> Last warning. Quit the abuse, newbie.


given this is the only thread he's every contributed to I'm not sure he's adding much tbh


----------



## Bobbed12 (Feb 24, 2016)

daryluk said:


> i would like to add my recent experience to this.  I went to NY last week, checked "No" on the ESTA form even though I have been convicted for criminal damage and common assuault (the form asks if youve been convicted of anything involving "moral turpitude").  I was given another form on the plane which deals with bringing goods in ONLY, nothing about criminal convictions, then had my fingerprints scanned at customs at JFK and was asked a couple of brief questions about my visit.
> 
> There is a lot of scaremongering on this and other sites about hassle at customs, but personally I had no problems and would do exactly the same if I had to go again. and as far as I know the US customs officials have NO access to UK citizens' records.
> 
> ...


I'm booked to go to vegas on my honeymoon next month. However i have a record from 12 years ago. I was charged for soliciting a women for the purposes of prostitution and fined £250. Im ashamed and my wife to be doesnt no. What should i do?


----------



## pogofish (Feb 25, 2016)

Bobbed12 said:


> What should i do?



Why not start by reading this thread - or even just the last few pages?


----------



## DaveC (Feb 26, 2016)

pogofish said:


> Why not start by reading this thread - or even just the last few pages?


----------



## bertybasset (Feb 29, 2016)

Hi folks, First of all a big thanks to all of the previous posters, and long term members who have had to sit through this thread and read the same thing over and over again. I know, it must be annoying! Us newbies here are just worried, probably have already made some decision and need reassurance - please forgive us!

have read the vast majority of this thread, until my eyes are standing out on stalks.  As I understand it - the U.S does not share police records with the UK, therefore - if you've never been to the states before, and you have minor offences which don't apply to these following NEW esta questions, then you can confidently tick no and enter with a clear conscience:


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?
Have you ever violated any law related to possessing, using or distributing illegal drugs?
Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage or genocide?
Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
I am also supposing that even with updated technology fingerprints are not shared either.

I made entry to the US back in 2000, got in no problem (don't think fingerprints were taken). Back then I'd been in bother with the cops twice - once for vandalism way back in 1992, the case was admonished (I painted over what I'd scrawled on a wall) then again about 4 or 5 years later for drunken disorderly/breech of the peace/reckless conduct or something along those lines - basically piling out of a pub drunk after exams and carrying on (I don't remember the incident exactly, but my friend was juggling with bottles from a bottle bank and they smashed all over the ground, cops turned up and we all got charged). Then 10 years ago I was done with drink driving. I've not been in bother since and have kept a clear sheet.

So, I filled out an ESTA, ticked "no" honestly to the above questions as I don't think my "criminal record" is that serious or applies. It came back accepted. So all good - many of you will advise just to sail through customs and enjoy my week in L.A which I have now booked. But - what if I get pulled for the dreaded second inspection? I am someone who can't hide when they are looking uneasy (or lying for that matter). If this happens, what would you advise to do? If I'm asked about past encounters with law enforcement should I tell them flat out yep, I have, and I ticked no on the ESTA form because I didn't think they applied? Or should I just flat out deny it. If I was to tell them - I can't help wondering if it would affect entry.

The new ESTA questions seem contradictory - on one hand, you can answer no to these, if your "crimes" are not of a serious nature - on the other hand, government websites, lawyers etc seem to be advising you don't qualify and need a visa.

apologies if this has already been covered, but I haven't seen many posts covering secondary inspections!

Please help, would really appreciate it.

thanks


----------



## wiskey (Feb 29, 2016)

Welcome. 

Tbh I'm not sure if anyone here has been through the secondary inspection... Are you just nervous because you are worried you'll look nervous? If so I wouldn't worry, you'll have just got off a long haul flight... Nobody looks great.


----------



## trashpony (Feb 29, 2016)

bertybasset said:


> Hi folks, First of all a big thanks to all of the previous posters, and long term members who have had to sit through this thread and read the same thing over and over again. I know, it must be annoying! Us newbies here are just worried, probably have already made some decision and need reassurance - please forgive us!
> <snip>


Travelling from the UK to the USA with a criminal record


----------



## trashpony (Feb 29, 2016)

Also if you're white and not obviously Muslim, the likelihood of you being put through secondary interviews is zero to none. 

I was only put through it because my visa was up for renewal


----------



## bertybasset (Mar 1, 2016)

wiskey said:


> Welcome.
> 
> Tbh I'm not sure if anyone here has been through the secondary inspection... Are you just nervous because you are worried you'll look nervous? If so I wouldn't worry, you'll have just got off a long haul flight... Nobody looks great.



Thanks for the reply Wiskey, I suffer from anxiety - at times the smallest thing can build and build, so yeah I am worried about that! I might try and get some valium from the doc and perhaps take some prior to landing.

I'm also concerned about my passport stamps though, I actually am a resident of Oz and live and work there - but a few years ago I was living in Colombia and Brazil, and my passport has a Colombian visa in it plus numerous entry and exit stamps

I have a one way flight but will have another one booked out of the states to Dominican Republic and then Colombia then back to the Uk, I'm only visiting the U.S for a week


----------



## bertybasset (Mar 1, 2016)

trashpony said:


> Also if you're white and not obviously Muslim, the likelihood of you being put through secondary interviews is zero to none.
> 
> I was only put through it because my visa was up for renewal



Hi Trashpony, thanks for that - yeah I did see that post you wrote, I think maybe you're the only one that's been through that on the entire thread! What was your experience like, what did they ask you - did they ask about arrests etc? I'm not bothered about people going through my suitcase, I have 100% nothing to hide, did they take your phone from you and search through it?


----------



## trashpony (Mar 1, 2016)

bertybasset said:


> Hi Trashpony, thanks for that - yeah I did see that post you wrote, I think maybe you're the only one that's been through that on the entire thread! What was your experience like, what did they ask you - did they ask about arrests etc? I'm not bothered about people going through my suitcase, I have 100% nothing to hide, did they take your phone from you and search through it?


Well it was a completely different situation because I was living in the US and they were trying to find evidence of me working illegally (I was but they didn't find any evidence of it). They threatened to ring a coffee shop that I had a card for in my bag but didn't. It was fairly grueling and took two hours but they stamped my visa in the end and let me back in. 

They didn't ask me if I had any arrests or if I'd lied on the visa waiver form and I've been back several times since on holiday and I've never been stopped. 

All you need to do is make sure you know where you're going when you leave the airport, you know how to get there and you've got enough money on you for your planned holiday and a return ticket. They won't call you into secondary immigration unless they think you're trying to become an illegal immigrant.


----------



## bertybasset (Mar 1, 2016)

trashpony said:


> Well it was a completely different situation because I was living in the US and they were trying to find evidence of me working illegally (I was but they didn't find any evidence of it). They threatened to ring a coffee shop that I had a card for in my bag but didn't. It was fairly grueling and took two hours but they stamped my visa in the end and let me back in.
> 
> They didn't ask me if I had any arrests or if I'd lied on the visa waiver form and I've been back several times since on holiday and I've never been stopped.
> 
> All you need to do is make sure you know where you're going when you leave the airport, you know how to get there and you've got enough money on you for your planned holiday and a return ticket. They won't call you into secondary immigration unless they think you're trying to become an illegal immigrant.



yeah I can do that all in 100% honesty, I'm staying with a friend, have his address - will have an onward flight booked out of there onto the dominican republic one week later, and in any case I have one back to Australia end of April - all of which I'll have printed out on the day to show the guy in the kiosk. I can also print a bank statement - but is it better to bring a lump sum of cash for the week to show instead or would a bank statement suffice?

What about South American stamps in passport, think they'll be any issues/questions? Many people see Colombia and immediately start prattling on about drugs, I'm unsure how the U.S sees that country.


----------



## DaveC (Mar 1, 2016)

I have a one way flight but will have another one booked out of the states to Dominican Republic and then Colombia then back to the Uk, I'm only visiting the U.S for a week
Any one way flight is going to raise suspicions especially given your Travel History. Very definitely have a booked flight and ticket for onward destination(s). You certainly shouldn't be taking Valium etc on a long flight as Altitude and Alcohol
do not mix well on long flights and if you are drugged it will show in your eyes when they do the scan(pupils enlarged)
You will also be asked how long you are staying in the USA, where and what so if you then say you are going on to Colombia, I should imagine all sorts of flags will be raised. If I was in Homeland Security and someone came through with that sort of scenario, I certainly would( if only to protect my job !)
Sorry cant be any more helpful but am sure someone else will have input here and perhaps discount my apprehensions.


----------



## DaveC (Mar 1, 2016)

Sorry didnt see Trashpony's reply


----------



## bertybasset (Mar 1, 2016)

hhmm yeah I even got asked by CID disembarking in edinburgh airport, they were perfectly friendly but I got pulled aside and the guy went through my stamps in my passport and said "looks like you've done quite a bit of traveling, Colombia? what were you doing there?"

I am way more interesting in dating gorgeous colombian women than the drug scene!


----------



## DaveC (Mar 1, 2016)

bertybasset said:


> I am way more interesting in dating gorgeous colombian women than the drug scene!


Aieeee Ones as dangerous as the other !!!


----------



## DaveC (Mar 1, 2016)

bertybasset said:


> What about South American stamps in passport, think they'll be any issues/questions? Many people see Colombia and immediately start prattling on about drugs, I'm unsure how the U.S sees that country.



See this ! Perhaps Trump will solve it with his wall !
11 Shocking Facts About Colombia's $10 Billion Drug Industry


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## bertybasset (Mar 1, 2016)

**groannnn** for fuck sake lol

I dunno if this is even worth the anxiety anymore, for a little week in L.A, I might just scrap the states and go straight to Latin America via Madrid. Be more fun anyway!

And yes Dave, they can be dangerous!! But it's exciting haha


----------



## DaveC (Mar 2, 2016)

And yes Dave, they can be dangerous!! But it's exciting haha

Don't I know it ! I have 3 who work for me and its hair and nails flying sometimes !!!
but also warm hearted...... !


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## wiskey (Mar 12, 2016)

Oops Retired police officer escorted from cruise after travel agent accidentally ticked box calling him a terrorist


----------



## Manter (Mar 12, 2016)

wiskey said:


> you have to understand that this is a community, we aren't used to people just rocking up for one purpose, asking the same question (in slightly different words) as the previous 900 people and then sodding off again... we like people who contribute.
> 
> We don't provide a service, we don't have to help ... sometimes this thread just feels a bit


Sometimes??!!


----------



## keybored (Mar 13, 2016)

DaveC said:


> You certainly shouldn't be taking Valium etc on a long flight as Altitude and Alcohol do not mix well on long flights and if you are drugged it will show in your eyes when they do the scan(pupils enlarged)


If it's been prescribed by a GP for anxiety then surely it shouldn't be an issue; it's pretty common for people who are anxious of flying (might be worth taking a copy of the prescription in case they ask why you seem so chilled though bertybasset  ).

I agree with your point about not mixing it with alcohol, but that applies anywhere. High altitude alone isn't a contraindication for diazepam/vallium.


----------



## John12G (Mar 25, 2016)

Hi, I'm not sure if this has already been answered but I received a caution 2 years back for having a knuckle duster in my jacket pocket. I had no intention of using it and was searched and the police found it. I was not arrested at any point nor did I go court. I was offered to accept a caution to avoid going to court by police which I did. My fingerprints were taken as well as pictures. Also I have never been in trouble with the police before or even after the incident.

I'm planning on travelling to the US in summer and was wondering what route to take, should I apply for an ESTA like everyone else or go to the embassy and interview? What information is shared between them, will my fingerprints get flagged up in the US?


----------



## John12G (Mar 25, 2016)

John12G said:


> Hi, I'm not sure if this has already been answered but I received a caution 2 years back for having a knuckle duster in my jacket pocket. I had no intention of using it and was searched and the police found it. I was not arrested at any point nor did I go court. I was offered to accept a caution to avoid going to court by police which I did. My fingerprints were taken as well as pictures. Also I have never been in trouble with the police before or even after the incident.
> 
> I'm planning on travelling to the US in summer and was wondering what route to take, should I apply for an ESTA like everyone else or go to the embassy and interview? What information is shared between them, will my fingerprints get flagged up in the US?




ALSO * this all happened at the airport, didn't know I had it in my jacket pocket that I packed. Does that make it worse?


----------



## 1%er (Mar 25, 2016)

John12G said:


> Hi, I'm not sure if this has already been answered but I received a caution 2 years back for having a knuckle duster in my jacket pocket. I had no intention of using it and was searched and the police found it. I was not arrested at any point nor did I go court. I was offered to accept a caution to avoid going to court by police which I did. My fingerprints were taken as well as pictures. Also I have never been in trouble with the police before or even after the incident.
> 
> I'm planning on travelling to the US in summer and was wondering what route to take, should I apply for an ESTA like everyone else or go to the embassy and interview? What information is shared between them, will my fingerprints get flagged up in the US?


As has been point out many times on this thread the UK does not share any information about criminal records with the USA unless a specific request is made. You should apply via the ESTA and answer no to all questions regarding criminal record, if you are denied an ESTA then apply for interview.

It really is that simple.


----------



## John12G (Mar 26, 2016)

1%er said:


> As has been point out many times on this thread the UK does not share any information about criminal records with the USA unless a specific request is made. You should apply via the ESTA and answer no to all questions regarding criminal record, if you are denied an ESTA then apply for interview.
> 
> It really is that simple.




Thanks for the response! 
Just another query, I was given the caution whilst at the airport and the officers had my passport and did scan it onto the system there. Would that flag up in the US as some airport crime database or am I just thinking too deep into it.


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## Supine (Mar 26, 2016)

bertybasset said:


> I am way more interesting in dating gorgeous colombian women than the drug scene!



I don't think they ask questions about sex tourism!!!


----------



## 1%er (Mar 26, 2016)

John12G said:


> Thanks for the response!
> Just another query, I was given the caution whilst at the airport and the officers had my passport and did scan it onto the system there. Would that flag up in the US as some airport crime database or am I just thinking too deep into it.


No not if it happened in the UK


----------



## Ed Ucation (Mar 28, 2016)

I got caught Masterbating by my dad,should i declare that?


----------



## ruffneck23 (Mar 28, 2016)

Yes definitely


----------



## LEOguaje7 (Mar 30, 2016)

Hi, so i have a similar (kinda) situation to others on here, but can't find answers anywhere.

I'm 18 now and we're looking to go on a family holiday to NYC next year (nothing booked yet), however when i was 14 i got a caution for international prank calls that i did with a friend in America via skype. Some of these prank calls involved my friend saying he'd blow up a hotel, either way, after it took them months to track down my skype to find me (they told me the FBI we're involved, which i doubt), they realized i wasn't a terrorist and it wasn't serious and i apologized, however during them deciding what to do and investigating it, they said if i get arrested i COULD be banned from visiting USA for 25 years, anyway that didn't happen and they let me go with a juvenile caution.

Now, what do i do here? i presume if the USA customs see anything to do with ''terrorism'' theyll turn me away. 
Who is the best person to ask about this? should i contact my local police? should i tick no on the ESTA? really confused, any help is appreciated. thanks.


----------



## DaveC (Mar 30, 2016)

LEOguaje7 said:


> Hi, so i have a similar (kinda) situation to others on here, but can't find answers anywhere.
> 
> I'm 18 now and we're looking to go on a family holiday to NYC next year (nothing booked yet), however when i was 14 i got a caution for international prank calls that i did with a friend in America via skype. Some of these prank calls involved my friend saying he'd blow up a hotel, either way, after it took them months to track down my skype to find me (they told me the FBI we're involved, which i doubt), they realized i wasn't a terrorist and it wasn't serious and i apologized, however during them deciding what to do and investigating it, they said if i get arrested i COULD be banned from visiting USA for 25 years, anyway that didn't happen and they let me go with a juvenile caution.
> 
> ...



You are ok with No !!


----------



## DaveC (Mar 30, 2016)

Ed Ucation said:


> I got caught Masterbating by my dad,should i declare that?


No..not if it happened in the UK... only if it was in US !!


----------



## ruffneck23 (Mar 30, 2016)

LEOguaje7 said:


> Hi, so i have a similar (kinda) situation to others on here, but can't find answers anywhere.
> 
> I'm 18 now and we're looking to go on a family holiday to NYC next year (nothing booked yet), however when i was 14 i got a caution for international prank calls that i did with a friend in America via skype. Some of these prank calls involved my friend saying he'd blow up a hotel, either way, after it took them months to track down my skype to find me (they told me the FBI we're involved, which i doubt), they realized i wasn't a terrorist and it wasn't serious and i apologized, however during them deciding what to do and investigating it, they said if i get arrested i COULD be banned from visiting USA for 25 years, anyway that didn't happen and they let me go with a juvenile caution.
> 
> ...




if you have read through the thread, you would have seen many many many times just tick no


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## Kobe123 (Apr 12, 2016)

Hi has anything changed lately with the us having access to our records as I keep finding posts saying it changed in 2013 and that they do share now , I am on unconditional bail at the moment for production of cannabis and was hoping to travel sometime this year and I am willing to take my chances has any one got any advice STRESSING thanks


----------



## trashpony (Apr 12, 2016)

Kobe123 said:


> Hi has anything changed lately with the us having access to our records as I keep finding posts saying it changed in 2013 and that they do share now , I am on unconditional bail at the moment for production of cannabis and was hoping to travel sometime this year and I am willing to take my chances has any one got any advice STRESSING thanks


Where are you finding these posts? Read the thread (possibly since 2013)


----------



## Kobe123 (Apr 12, 2016)

trashpony said:


> Where are you finding these posts? Read the thread (possibly since 2013)


sorry to keep asking but have you heard anything different something that they share 3000 a year or something or is it still the same that they only know what you tell them thanks


----------



## keybored (Apr 12, 2016)

Kobe123 said:


> they share 3000 a year or something



Source?


----------



## Kobe123 (Apr 12, 2016)

UK BORDER AGENCY PIA REPORT – FCC PROTOCOL 
cant really understand it all


----------



## keybored (Apr 12, 2016)

Kobe123 said:


> UK BORDER AGENCY PIA REPORT – FCC PROTOCOL
> cant really understand it all


Cheers (this one? https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257229/pia.pdf )



> 3.3 The Protocol as next step
> This Protocol is a next step in FCC activity. It will enable each country to check 3,000 sets of *anonymised *fingerprints per
> year against the other FCC countries, and share appropriate data on matching cases, for use for immigration and
> nationality purposes. The data will be shared via a fully accredited Secure File
> ...


----------



## Kobe123 (Apr 12, 2016)

yes what does it mean lol would it make any difference to the holiday traveller


----------



## keybored (Apr 12, 2016)

Kobe123 said:


> yes what does it mean lol would it make any difference to the holiday traveller


No. Or at least highly unlikely.


----------



## goodguy999 (Apr 16, 2016)

Thanks for the threads. Really interesting.

I have some questions though.

A friend of mine is travelling to the us to get married and has a breach of the peach. This itself is not a moral turpitude but he is slightly concerned, he has passed his esta, personally shouldn't be a problem and should be okay.

However I was on a flight and a small weedy individual came up before take off last year said he was looking for so and so and was I him (a seat mess up), I responded and wondered what that was. Any idea?

Also reading the 39 pages of threads, no one with the most colourful past have ever came back and said the went through no problems, what's your take on this. Apart Frome 1 guy interview. Oh and a friend of a friend who goes through loads of times down with possession.

Also was on a flight to Japan recently and was asked did I have any convictions (no I don't) and how much money I have and popped down 20 euros - no questions asked, strange I thought.

Anyway I enjoy the read and advise


----------



## goodguy999 (Apr 16, 2016)

Oh forgot to add, guy on plane was British guy acting as homeland security


----------



## keybored (Apr 16, 2016)

goodguy999 said:


> no one with the most colourful past have ever came back and said the went through no problems, what's your take on this


There's no Internet access in Guantanamo.


----------



## patto69 (Apr 25, 2016)

The first port of call for anyone travelling (who is worried about any record) is to get the Police Certificate. That is what will be flagged under any request.


----------



## trashpony (Apr 25, 2016)

patto69 said:


> The first port of call for anyone travelling (who is worried about any record) is to get the Police Certificate. That is what will be flagged under any request.


Why would you spend £50 getting a police certificate that tells you that you've got a record?


----------



## Arnie (Apr 25, 2016)

I'd just like to update on my post back last year. I travelled to Florida in November with family for 2 weeks, albeit having a charge against me for moral turpitude and had no problems entering or leaving the states. The security was rather tight when leaving the States thanks to the terror attacks in France in November. My advice is to just go with and enjoy your trip. I did.


----------



## patto69 (Apr 26, 2016)

trashpony said:


> Why would you spend £50 getting a police certificate that tells you that you've got a record?


It may well show up as nothing, as any trivial conviction may have been deleted. If you are stopped by a border entry official any further check they have on you will be what is held on the police computer. Thus you can travel knowing that even if stopped (and having a minor conviction) it will not show up.


----------



## trashpony (Apr 26, 2016)

patto69 said:


> It may well show up as nothing, as any trivial conviction may have been deleted. If you are stopped by a border entry official any further check they have on you will be what is held on the police computer. Thus you can travel knowing that even if stopped (and having a minor conviction) it will not show up.


It won't show up because THEY DON'T HAVE ACCESS TO UK POLICE RECORDS.

<breathe>


----------



## 1%er (Apr 26, 2016)

Maybe time to post this again.

FoI response

The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relations to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour of providing the information.

The public interest reason in favour of withholding the information is to make sure that that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or be committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.

The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://www.acpo.police.uk/certificates.asp and on the application form page of the same website at http://www.acpo.police.uk/Certificates/Application Form 8.doc

The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.


----------



## 1%er (Apr 26, 2016)

Kobe123 said:


> UK BORDER AGENCY PIA REPORT – FCC PROTOCOL
> cant really understand it all


This is for use in immigration and asylum cases not for people visiting the country for other reasons.
Quote
Under this Protocol, each FCC country will securely and confidentially check an agreed volume (initially 3,000 per year) of fingerprint sets of immigration cases against relevant fingerprint databases of the other FCC countries. Each country will decide which of its immigration cases it will check under the Protocol, to derive best value. The UK Border Agency intends to use the Protocol primarily to check asylum cases where there is good reason to do so – for example, if the person cannot be identified or there is reason to believe the person may be known to another FCC country – and those foreign national criminals who are difficult to remove from the UK due to identity and documentation issues.

Fingerprints exchanged under the Protocol will be destroyed securely once the matching has taken place, and used for no other purpose.


----------



## patto69 (Apr 29, 2016)

trashpony said:


> It won't show up because THEY DON'T HAVE ACCESS TO UK POLICE RECORDS.
> 
> <breathe>


It is accepted that they don't have that access. It is also accepted that if they are suspicious at point of entry and do a requested check (as does happen quite a lot) whatever the police do have on their computer will show up. A cursory read through the thread will establish that it is the fear of evidence being uncovered that has people in a bit of a tizzy.


----------



## trashpony (Apr 29, 2016)

patto69 said:


> and do a requested check (as does happen quite a lot)


No it doesn't.


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## 1927 (Apr 29, 2016)

patto69 said:


> It is accepted that they don't have that access. It is also accepted that if they are suspicious at point of entry and do a requested check (as does happen quite a lot) whatever the police do have on their computer will show up. A cursory read through the thread will establish that it is the fear of evidence being uncovered that has people in a bit of a tizzy.


No it's not accepted that they have access to PNC. They have to make formal application through Interpol! Do you think they are going to do that for anything but very serious crimes? And do you really think that such a protocol would happen in a matter of hours?


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## goodguy999 (Apr 29, 2016)

These are very good points, however we complete api, which allows them to check in advance. Checking what however I do not know.

As a previous person said just back from Florida, and had a moral turpitude, nothing said.

What I do know is that the us department run a program that that checks banned names, associations and companies. However small petty stuff they are not interested in.


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## wiskey (May 5, 2016)

*BTW I don't think it's been mentioned yet but you can no longer fly to the States without a biometric passport.*


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## 1%er (May 5, 2016)

patto69 said:


> It is accepted that they don't have that access. It is also accepted that if they are suspicious at point of entry and do a requested check (as does happen quite a lot) whatever the police do have on their computer will show up. A cursory read through the thread will establish that it is the fear of evidence being uncovered that has people in a bit of a tizzy.


The names of people flying to the USA are in the main known well before people fly and can be checked, but at the point of entry it is the TSA that you are seen by and they are not able to check (It is the TSA that check you passport and visa), if they have concerns they may send you to a secondary inspection, but having been sent there myself, it was also the TSA that I was met by while I was expecting it to be immigration, (it may have changed in the last couple of months but I don't think so).


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## bi0boy (May 5, 2016)

1%er said:


> It is the TSA that check you passport and visa



They always have CBP badges when I go through.


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## 1%er (May 5, 2016)

bi0boy said:


> They always have CBP badges when I go through.


CBP Canadian boarder patrol 

The last few times I've been its been the TSA (I think) I don't always look nowadays as most of the time its quick as I have a long visa

Edit to add, I find it different when flying into New York than Miami for example, also some airports have a box at the beginning of the line for frequent entry visas*, they look at the passport and scan a finger print and your gone.

*long term visa (10 years) rather than ESTA or tourist visa


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## bi0boy (May 5, 2016)

1%er said:


> CBP Canadian boarder patrol
> 
> The last few times I've been its been the TSA (I think) I don't always look nowadays as most of the time its quick as I have a long visa
> 
> Edit to add, I find it different when flying into New York than Miami for example, also some airports have a box at the beginning of the line for frequent entry visas, they look at the passport and scan a finger print and your gone.



I thought TSA only did security screening for air-bound passengers

Know Before You Visit | U.S. Customs and Border Protection


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## twentythreedom (May 5, 2016)

In some ways, this is actually the best thread there is on urban 75


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## 1%er (May 5, 2016)

bi0boy said:


> I thought TSA only did security screening for air-bound passengers
> 
> Know Before You Visit | U.S. Customs and Border Protection


As I say I think it differs from airport to airport, for example if you have TSApre (legitimate CBP Trusted Traveler) you'll go via TSA I believe, a different box in the line as you enter. You can do this if you register and have a long term visa, not if you use a ESTA or tourist visa.


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## goodguy999 (May 10, 2016)

Do you mean esta or normal visa? As in been down to the embassy told the truth and caught, or ticked no and your I on hols


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## PistolKnight (May 11, 2016)

There has been some interesting reading on this thread, my problem seems a little different.
Last week I applied for a ESTA for myself, my wife and our 15 year old son as we are due to go to USA for 2 week holiday in August with a group of friends. My Wife's and Son's ESTA's through straight away, mine was delayed then returned with TRAVEL NOT AUTHORISED. I have had 2 previous ESTA's and traveled to the states previously on 3 occasions for 2 week holidays without any problem aside for being questioned on the second holiday and being asked if i had recently lost my passport to which I answered no. I was also stopped and scrutinized on my return to the UK on that occasion, I thought this might have been due to having the most common British name possible however I have not had a problem since. 
I have however (this is the bit that worries me) had my finger prints taken and been taken to court when I was 18 when some friends of mine at the time nicked a car and crashed it into my car. I went to court with them and received 9 points on my licence and approx £300 fine for failing to report an accident that was 31 years ago, I possibly might of had an aiding or abetting or something like that thrown in I don't think it was theft or anything that sinister but hand on heart do not know for sure as I was scared witless at the time. I asked my parents and they don't know and I also tried to get information from the Court but they were unable to assist as I believe It predated digital records.
Before I went to the states for the first time in 2012 I did get a Police ACRO just to be on the safe side and it came back with no Trace so I thought It was fine to say no to all convictions. 
I am not sure what I should do now or why my ESTA was refused. Should I try getting a new passport and try the ESTA again or apply for an interview at the embassy for a VISA?
My Passport is the new type bio-metric chip.
Any advice greatly appreciated.


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## uk benzo (May 11, 2016)

PistolKnight said:


> There has been some interesting reading on this thread, my problem seems a little different.
> Last week I applied for a ESTA for myself, my wife and our 15 year old son as we are due to go to USA for 2 week holiday in August with a group of friends. My Wife's and Son's ESTA's through straight away, mine was delayed then returned with TRAVEL NOT AUTHORISED. I have had 2 previous ESTA's and traveled to the states previously on 3 occasions for 2 week holidays without any problem aside for being questioned on the second holiday and being asked if i had recently lost my passport to which I answered no. I was also stopped and scrutinized on my return to the UK on that occasion, I thought this might have been due to having the most common British name possible however I have not had a problem since.
> I have however (this is the bit that worries me) had my finger prints taken and been taken to court when I was 18 when some friends of mine at the time nicked a car and crashed it into my car. I went to court with them and received 9 points on my licence and approx £300 fine for failing to report an accident that was 31 years ago, I possibly might of had an aiding or abetting or something like that thrown in I don't think it was theft or anything that sinister but hand on heart do not know for sure as I was scared witless at the time. I asked my parents and they don't know and I also tried to get information from the Court but they were unable to assist as I believe It predated digital records.
> Before I went to the states for the first time in 2012 I did get a Police ACRO just to be on the safe side and it came back with no Trace so I thought It was fine to say no to all convictions.
> ...



Do you have a 'Muslim' sounding name or previously traveled to a war zone/US deemed enemy country?


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## PistolKnight (May 11, 2016)

uk benzo said:


> Do you have a 'Muslim' sounding name or previously traveled to a war zone/US deemed enemy country?


No I have a common old traditional English name and never been to a war zone.


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## xenon (May 11, 2016)

Have you been convicted of a crime? If not. Just tick no on  forms. For god sake. Just go on holiday and enjoy it. I don't think they're going to throw you in maximum security prison over  points on your driving license,  assuming they even find out.


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## goodguy999 (May 12, 2016)

Not an expert, but go to the passport office find out if your passport has been reported stolen or missing, sounds like it has due to uk people stopping you on your return. The passport may be an issue.

Happened to a friend of a friend who lost, reported it then found it then used again, was stopped on the way back from holiday. Asked if she was using a stolen passport.

See what they say first, as you say you have a common first and surname.


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## PistolKnight (May 12, 2016)

Thanks for responding to me, Like I said, My ESTA was rejected it came back "Travel Not Authorized" So I can't just go on holiday and enjoy it unfortunately. To clarify, when I got my points it was when so called friends of mine had stolen a car and crashed it in to mine, having panicked and fled the scene at the time I ended up in court with them. It was 31 years ago and I have attempted to find out if I have a criminal record from that but the ACRO comes back with "No Trace"  and the Court I went to couldn't help me. I have previously just said no to any convictions and the 2 previous ESTA's went through OK, the ESTA application form is a lot more involved this year and it comes back as "travel Not Authorized".
I have phoned the passport office and they said to send my passport to them with a covering letter so they could check it isn't faulty (I presume they meant the bio chip) but they also said they wouldn't be able to tell me any details If there was anything on there stopping my travel. However I have already booked an interview with the American Embassy for a VISA so now cannot send my passport in as I need to take it with me in a few weeks.
I'll phone the passport office again and see If I get a different response from someone else.
I also went to Spain last week and back on Tuesday this week and didn't get stopped or questioned this time when I came back I went through the Bio-metric gate successfully.


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## goodguy999 (May 12, 2016)

Yeah if your acro cert is clear it should be ok, buts its tough one.

Our friend got stopped coming back from ibiza, sane thing issue with passport declared missing.

So good luck


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## uk benzo (May 12, 2016)

PistolKnight said:


> No I have a common old traditional English name and never been to a war zone.



It could be that there is someone else who shares your name and dob, who is known to the US authorities.


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## ZinG (May 14, 2016)

Hi all,

I've read all posts in this thread and I want to share my experience considering that it's still "in progress" so I will share another post once it's over.

This year, for the first time in my life, I had anyway to apply for a B2 visa instead of an ESTA for my upcoming (maybe) holidays due to a law passed by the US congress in late 2015 that excludes from the VWP anyone who visited some countries since 2011, as well as anyone who holds a second passport from one of those countries.

On the weekend before the week when I had planned to apply for the visa I was arrested for drink driving, with a low-ish breath reading (47) which anyway leads to a disqualification for 12 months that can be reduced to 9 if attending a rehab course.

I work for a company based in the US, so I have deliberately chosen to be honest and declare my arrest in the DS-160. I agree with most people here who state that it's extremely unlikely, and probably even impossible, that such a crime shows up during any border check when entering the US, but my point is that if, in the future, I might be given the opportunity to actually emigrate to the US and work there, a police certificate would be required and at that point a past lie in a visa application might be a much worse fault, for the US border officers, than any drink driving conviction.

The visa application was between arrest and conviction, so I declared the arrest details. However, the appointment at the consulate was after my court hearing so there I brought my ACRO certificate showing the conviction.

As a result of that, I have been asked to apply for a medical test which luckily I could book for the same day while I was in London for the visa interview.

The main concern for the US when there is any alcohol/drug-related arrest/crime is whether this is due to regular abuse/addiction and/or if the individual could put at risk the safety of US citizens. As I supposed, the medical interview focuses mostly on abuse/addiction and clearly a reading of 47 (which, BTW, does not show up in the ACRO but I brought with me the arrest documentation exactly to show that detail) can hardly even be considered an excess in itself. I accept that I was unfit to drive as different people react differently to equal levels of alcohol and this experience taught me to just avoid any alcohol prior to driving because "feeling fit to drive" is not a good enough measure for the purpose of lawful driving. However, if we exclude the mistake of driving, I don't believe anyone would truly "feel drunk" with a 47 breath reading. Even a "binge drinker" at a party would go way beyond that level if getting actually drunk.

Long story short, after reading lots of official US documents about this topic, I believe I could still be granted a visa after my medical test but I am aware that most people with a recent DD charge do not get a visa.

I will update this thread when I'll get a response from the consulate. I'm due to start my holiday in about a month so I might still have to cancel it just because I might not get any feedback by then.

Whatever will happen, I'm happy I didn't choose to lie as that would be an indelible spot much worse than my recent conviction.

If anyone is interested in another long thread about this topic, you can read Getting a USA visa (travelling to america with a drink driving conviction)

Thanks and best regards,
Z


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## chez123 (May 23, 2016)

Right here goes I've read a lot on here but not to sure my partner got done for theft a few years ago now he had to pay a fine but no sentence does anybody believe this may or may nit flag up when doing the esta and do I click yes or no the the criminal conviction question tia


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## 1927 (May 23, 2016)

chez123 said:


> Right here goes I've read a lot on here but not to sure my partner got done for theft a few years ago now he had to pay a fine but no sentence does anybody believe this may or may nit flag up when doing the esta and do I click yes or no the the criminal conviction question tia


And so it goes on. If you've read a lot on here you'd know the answer. my suspicion therefore is that you haven't read a thing!


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## chez123 (May 23, 2016)

how rude I ask the question as I personally can not find exactly what im looking for after reading a lot this question may have been asked before but im asking again as im not 100% sure as stated above plus his finger prints taken tia


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## 1927 (May 23, 2016)

On and on and on and on and on.............


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## Supine (May 23, 2016)

Same old shit, different day...

Although it seems there is a new issue people need to worry about

Britons with 'wrong passport' stopped from travelling to US - BBC News


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## chez123 (May 23, 2016)

why are u guys still commenting on the same old shit then? why don't u just let people ask there questions with a hope of getting a decent response rather than being rude on others posts


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## wiskey (May 23, 2016)

Supine said:


> Same old shit, different day...
> 
> Although it seems there is a new issue people need to worry about
> 
> Britons with 'wrong passport' stopped from travelling to US - BBC News


I highlighted that a few pages back


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## wiskey (May 23, 2016)

chez123 said:


> why are u guys still commenting on the same old shit then? why don't u just let people ask there questions with a hope of getting a decent response rather than being rude on others posts



You can ask the question. Have you read _this_ thread? because the answer is on Every Single Page


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## wiskey (May 23, 2016)

PistolKnight said:


> I have phoned the passport office and they said to send my passport to them with a covering letter so they could check it isn't faulty (I presume they meant the bio chip) but they also said they wouldn't be able to tell me any details If there was anything on there stopping my travel. However I have already booked an interview with the American Embassy for a VISA so now cannot send my passport in as I need to take it with me in a few weeks.



I reckon you have a good case, sounds like maybe your passport has been linked to someone else (incorrectly or by fraud) or been cloned or something.


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## Saul Goodman (May 23, 2016)

I've travelled to the USofA with a criminal record. I had a retinal scan (or whatever that eye scanner does) at the other end, but had no problem getting in.


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## Supine (May 23, 2016)

wiskey said:


> I highlighted that a few pages back



Sorry pogolite 

I'm not trying to go to the US so don't really give a shite about the info on the thread!


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## wiskey (May 23, 2016)

Supine said:


> Sorry pogolite
> 
> I'm not trying to go to the US so don't really give a shite about the info on the thread!


Ouch 

(don't worry, someone will come along and ask soon despite both of us posting it)


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## peterkro (May 23, 2016)

There's an easy way round all this,just don't go there it's a shithole.Since 11/9 and the fingerprint bullshit I've given up,going east to NZ is better anyway.


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## Saul Goodman (May 23, 2016)

peterkro said:


> There's an easy way round all this,just don't go there it's a shithole.Since 11/9 and the fingerprint bullshit I've given up,going east to NZ is better anyway.


In fairness, it really isn't a shithole. Granted, there are shitholes within the USA, but that applies to everywhere. 
I've travelled a bit of America, and there are are a lot of nice people there. To tar the whole continent and all of the people in a derogatory way is wrong.


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## peterkro (May 23, 2016)

Saul Goodman said:


> In fairness, it really isn't a shithole. Granted, there are shitholes within the USA, but that applies to everywhere.
> I've travelled a bit of America, and there are are a lot of nice people there. To tar the whole continent and all of the people in a derogatory way is wrong.


Yes you are of course right I haven't personally gone back for reasons you could probably work out.I've had some great times in the US but a lot of it is shit (slightly more than three sheets to the wind post).


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## Saul Goodman (May 23, 2016)

peterkro said:


> Yes you are of course right I haven't personally gone back for reasons you could probably work out.I've had some great times in the US but a lot of it is shit (slightly more than three sheets to the wind post).


My first ever experience of the US was flying into Boston, getting picked up at the airport by a neighbour of the friend I was going to see, then driven back to Rhode Island and another neighbour asking if I'd ever been to a baseball game, to which I muttered "no", then the following day, the neighbour arrived at the house with tickets for me and the girl I went to visit. We arrived at the baseball game and were shown to our seats, and asked if we were family of one of the team. Apparently, the seats we were in were reserved for family and big-wigs, and cost €300 a piece.
I know you're talking from experience, but people shouldn't believe everything they see on TV.


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## peterkro (May 23, 2016)

Saul Goodman said:


> My first ever experience of the US was flying into Boston, getting picked up at the airport by a neighbour of the friend I was going to see, then driven back to Rhode Island and another neighbour asking if I'd ever been to a baseball game, to which I muttered "no", then the following day, the neighbour arrived at the house with tickets for me and the girl I went to visit. We arrived at the baseball game and were shown to our seats, and asked if we were family of one of the team. Apparently, the seats we were in were reserved for family and big-wigs, and cost €300 a piece.
> I know you're talking from experience, but people shouldn't believe everything they see on TV.


I first went there in the very early seventies and the the first places I went to where the Watts and Compton then Sheepshead bay in NY it was great met many lovely and friendly people but it was spoiled by the oppressive and authoritarian immigration officials (I had a ten year multiple entry and exit visa) I could still get in with no trouble from Niagara  on the lake but the idea of being banged up for decades makes me think this is not a good idea.


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## JASONMARTIN (May 23, 2016)

Hi, I have criminal record drug possesion class A from 2014 given 12 month community order arrest , in uk arrested and live. 

I didnt know that you could just traveling to usa or canada and say no on form and get through and i started the visa application with canada now but regret it. 

Does that mean i wont be able to get through to usa now if i say no on form, as Usa and canada share information ?


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## Saul Goodman (May 23, 2016)

JASONMARTIN said:


> Hi, I have criminal record drug possesion class A from 2014 given 12 month community order arrest , in uk arrested and live.
> 
> I didnt know that you could just traveling to usa or canada and say no on form and get through and i started the visa application with canada now but regret it.
> 
> Does that mean i wont be able to get through to usa now if i say no on form, as Usa and canada share information ?


You'll be fine. Just wear a balaclava


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## story (May 23, 2016)

1927 said:


> On and on and on and on and on.............




No need to be so mean.

It's not their fault Urban comes up as some kind of wise-geek on the issue.

Walk in their shoes for like maybe ten minutes. They're worried, and flummoxed, and people on here seem to know what they're talking about, and seem to be baby eating anarchists, and also, for some of the thread, seem to be willing to chat about it at least some of the time.

It's not bizarre that they'd ask for help.

Maybe there ought to be some kind of sticky thread about this, like there is about parking tickets on MoneySuperMarketDotCom. (  ) It does seem to be something that loads of people are searching for.

@mods ?


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## ZinG (May 23, 2016)

chez123 said:


> Right here goes I've read a lot on here but not to sure my partner got done for theft a few years ago now he had to pay a fine but no sentence does anybody believe this may or may nit flag up when doing the esta and do I click yes or no the the criminal conviction question tia



Hello,

Theft is among the crimes previously qualified as "CIMT" and now regarded as "serious damage to property". See also Travelling to America (USA) - A detailed guide - Information Hub by Unlock - Online self-help information for people with convictionsInformation Hub by Unlock – Online self-help information for people with convictions.

Therefore your partner is not eligible for the VWP. I am not either just because I visited a country after 2011.

The "common wisdom", if wisdom is the right word at all, in this long thread is that no one will actually check your criminal record for an ESTA. Yes, indeed, that's the case for any Non Immigrant Visa. You could actually even apply for a full-fledged B2 visa with a DS-160, do not declare any arrest and, guess what, no one will be likely to bother your partner. Why would they ask for a criminal record if that popped up automagically in their powerful screens when scanning your biometric passport?

However, beyond any thought about how bad, or not, it is to cheat, your partner might be one day in a position to be asked for a criminal record. For instance, in order to apply for an immigrant visa or to apply for a new job in the US.

If your partner wants to make sure that he will never ever work in the US or live permanently there, then he might cheat and apply for an ESTA or submit a DS-160 and tick the box where he declares no past arrests.

Otherwise, he can apply for a standard B2 visa and, if it's just for a holiday, I'm quite confident that he will be granted a visa with such an old, single crime. I am now due to receive my passport with a visa on it after going through a DS-160 application after a very recent DD conviction, I was convicted about 35 days ago. In the end I had to pay over £500, considering the medical test required after DD convictions, but I've been honest and I still have a chance to work in the US, or otherwise permanently move there, if I'll ever have a good opportunity to move to the US.

All the best,
Z


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## DaveCinzano (May 24, 2016)

story said:


> No need to be so mean.


To be fair, 1927 has been one of the most prolific posters on the this thread, and repeatedly helpful to the c.120+ people coming on and asking essentially the same exact questions. Maybe some of the people coming here should _walk in his shoes for like maybe ten minutes_ and imagine how frustrating it must be to repeat the same, very straightforward advice for around the sixtieth time to some stranger who in all likelihood will never come back once they've got their info.


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## story (May 24, 2016)

Fair enough.


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## Supine (May 24, 2016)

thread should get removed from google searches (imvho).


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## patto69 (Jun 2, 2016)

On a slightly different angle, has anyone gone down the visa route and been issued with the 221g form? It would be interesting to hear their experiences, the interview, the waiting time on notification and eventually the outcome they got?


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## ZinG (Jun 3, 2016)

Hi all,

I meant to update this thread some time ago and now the question from patto69 allows me to get two birds with one stone.

In my case, both I and my wife left the embassy after the interview with a 221(g) notice each. This is standard practice, I believe, with a recent DD conviction like in my case, and with a second nationality requiring additional scrutiny since December 2015, like in the case of my wife.

The great news in my case is that I have been granted a 10-year B1/B2 visa. However, my wife is still waiting for feedback and we'll have to cancel our holidays if we don't hear anything by the end of next week.

Here's my timeline (more details at Getting a USA visa (travelling to america with a drink driving conviction) - Page 39 and other posts by me in that forum):

2nd of April 2016: arrested with 47 breath reading
4th of April 2016: submitted my DS-160 application for a B2 visa (due to a country visited after 2011, if it weren't for that reason I would have gone the ESTA route like I've done for my all my past US trips) mentioning my arrest (no conviction yet as it hadn't happened yet)
18th of April 2016: convicted (12 months that can be reduced to 9 upon course completion)
25th of April 2016: asked for an urgent ACRO certificate (late enough to make sure the conviction was included there, urgent to book the visa interview ASAP)
4th of May 2016, morning: Visa interview (scheduled on purpose to be late enough to bring my ACRO showing my conviction rather than just the arrest)
4th of May 2016, afternoon: medical test/interview (I was lucky enough to find an available spot about 90 minutes after getting out of the Embassy; I had with me my arrest documents showing the 47 reading, the ACRO only shows the fine and the duration of the disqualification)
16th of May 2016: email from the Embassy asking me to send my passport to them for visa issuance.
17th of May 2016: I send my passport via Royal Mail (the courier selected by the embassy would have been a viable option only if I weren't disqualified from driving...)
23rd of May 2016: the Embassy notifies me that my passport is on its way home
24th of May 2016: I open my passport and I see my 10-year visa on it!
So, no need to lie and even if I had to spend quite a lot of money for the whole process I am now known by the US Embassy as a honest individual who might, one day, emigrate or otherwise work in the US. As I mentioned earlier on, more posts about my experience are at DRINK DRIVING IN THE UK. My user name there is "ZZTopWereHere", a somewhat sarcastic reference to Arrested for Driving While Blind - Wikipedia, the free encyclopedia.

However, if you have a second passport from a country mentioned in Text - H.R.158 - 114th Congress (2015-2016): Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, then you really need to apply early for a visa. We were used to my wife getting US visas quite quickly in my home country when she still had only her "native" passport, and it's really surprising now that we have to wait so long in the UK when her main passport is an EU one. She did have to wait for quite some time when she applied for her first visa years ago, but then we've been to the US multiple times and the process was relatively quick.

As a side note, if anyone's annoyed by updates to this thread, it just takes a single click to "unwatch" this thread. It's much easier than hoping for Google to remove this thread from their search engine, and I still believe quite a few people will benefit from looking at these posts.

Thanks and best regards,
ZinG


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## goodguy999 (Jun 16, 2016)

My friend recently travelled and got married in the us, he has a conviction for police assault, breach and assault, and ticked no got in got married had a great time.

I would say the info here is spot on.


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## Stokiestaz (Jul 25, 2016)

If it helps anyone... I have recently visited New York (JFK) twice in the past two years. The first time I visited I was on bail (for quite a serious offence) and I ticked no on the ESTA and everything was approved and I travelled from Heathrow shitting myself, but I got through border patrol with absolutely no issues. The second time I visited I had a Crown court date scheduled two weeks after my holiday was due to finish (again for the same offence I was on bail for) and again had zero issues and on the second visit I was even eligible to use the machines at JFK to scan my passport because I was a returning visitor.

So as I understand it, for anyone on bail (even for serious offences) you can get away with ticking no and visiting the US. Obviously its your call whether you risk it. Maybe I got lucky? Who knows? But I know for certain if I had declared my court situation I would have almost certainly been denied access.

So if your on bail, my advice is tick no, say nothing, be polite to the border officer and enjoy your trip. 

As for post conviction trips. I cannot advise.

If anyone has questions then message me.


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## JTm (Jul 31, 2016)

na


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## 1927 (Jul 31, 2016)

..


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## Kaokat (Aug 1, 2016)

Hi everyone, I know this question has probably been asked a million times but some circumstances are different so I'm hoping someone can give me some advice!



I am hoping to take my dream of a life time trip next year to road trip around America for a month.



I have 2 problems - I have a record from when I was under 18 one for possession of cannabis (this was just a caution) and a charge for common assault (a silly girls scrap when I was 17) I will be 25 when we if we can go and haven't been arrested since!



The other slightly bigger problem is my boyfriends record is a bit more serious he has criminal damage (writing on a lamppost at 15!) and possession with intent to supply and possession (both for cannabis) this is from nearly 5 years ago and the only thing he has been arrested for since is drink driving (will be 2 years if we go) I know it's a long shot of us getting a visa but I would worry we may get turned away and this holiday is really expensive! Neither of us have served prison time. What are our chances of getting granted a visa? - my boyfriend has proof of rehabilitation and we both have full time jobs.


Also I am hoping he will drive as I don't have a licence would the drink driving completely prevent us from doing this in the USA?


Sorry for the long post but I'm desperate for advice!



Thanks in advance!


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## editor (Aug 1, 2016)

It has been asked a million times and there's already massive discussion about it. 

*Threads merged


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## Bahnhof Strasse (Aug 3, 2016)

Kaokat said:


> Hi everyone, I know this question has probably been asked a million times but some circumstances are different so I'm hoping someone can give me some advice!
> 
> 
> 
> ...




Tick NO to all the options on the ESTA and never admit you have even ever been arrested and you'll be fine.

A lot of car hire companies won't rent to a convicted drunk driver for five years, some even want ten clear years. It is worth talking to them about it, they won't speak with the authorities. The other thing with driving convictions, in the UK we no longer have the counter-part which lists your points and/or bans. You must get a code from the DVLA which the car hire companies can enter and see a list of your naughtiness. Since this has come in I have hired cars in Malaga, Glasgow and Furteventura and not once have they checked. Of these I would have expected Glasgow to check as it is a business destination rather than a holiday one, but they didn't, so it is possible that they won't check this in the US either. But not guaranteed, so worth phoning a couple of companies to see how the land lies.

Hope you have a lovely trip.


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## chrism1990 (Aug 6, 2016)

am i right in saying the online esta relys purely on you being honest?


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## chrism1990 (Aug 7, 2016)

i woke up this fine Sunday morning and read through this entire thread from page one (what else ya guna do on a Sunday?)  and have come to the conclusion that people do not read threads including myself up until this one! instead they just post their question which is exactly the same as the previous question apart from john got arrested for possession in 1987 and bob got arrested for possession in 1986 but according to them their situations are a world apart.

so start from page one read through and your question/situation will have been answered 9 different ways, in 6 languages and by everyone but sir elton john also im sure theres a link in the thread somewhere and you can download an answer to your question in brail.

also just like to add, this forum is quite entertainig think ill stick around for a bit!

peace


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## Pickman's model (Aug 7, 2016)

chrism1990 said:


> i woke up this fine Sunday morning and read through this entire thread from page one (what else ya guna do on a Sunday?)  and have come to the conclusion that people do not read threads including myself up until this one! instead they just post their question which is exactly the same as the previous question apart from john got arrested for possession in 1987 and bob got arrested for possession in 1986 but according to them their situations are a world apart.
> 
> so start from page one read through and your question/situation will have been answered 9 different ways, in 6 languages and by everyone but sir elton john also im sure theres a link in the thread somewhere and you can download an answer to your question in brail.
> 
> ...


Never admit to having read the thread. It is social suicide here.


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## zippidy doo daa (Sep 1, 2016)

Not sure if this thread is still running, I have a few cautions and one arrest 2 years ago for driving with no insurance/failure to stop (had a MINOR BUMP NO DAMAGE AT ALL, shit myself because of no insurence so didn't ring and report the accident, just exchanged details and left) got points and a fine. Anyway I'm pretty sure this doesn't come under moral turpitude? And that the question doesn't even actually mention moral turpitude anymore anyway? Feel free to correct me if I'm wrong....I'm going to tick no on esta, but what I'm wondering is why do you have to give fingerprints on arrival? Do they cross check with fingerprints taken in UK? 
First trip to US, Florida with kids family holiday and would be mortified if something were to go wrong and us (me) be denied entry.


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## 1927 (Sep 1, 2016)

AAAAAARRRRRRGGGGGHHHHHHHHHHHHHHHHHHH!


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## zippidy doo daa (Sep 1, 2016)

1927 said:


> AAAAAARRRRRRGGGGGHHHHHHHHHHHHHHHHHHH!


is there an answer in that somewhere? Lol. 
In all seriousness though, could you please tell me why the us take the fingerprints? Never travelled there before and I'm worried.


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## zippidy doo daa (Sep 1, 2016)

1927 said:


> AAAAAARRRRRRGGGGGHHHHHHHHHHHHHHHHHHH!


I presume you thought this thread was dead


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## 1927 (Sep 1, 2016)

zippidy doo daa said:


> I presume you thought this thread was dead


Au contraire! It is the thread that will never die.


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## zippidy doo daa (Sep 1, 2016)

1927 said:


> Au contraire! It is the thread that will never die.


Lol well I can assure you I have read through and 99% of the stuff on here is about ticking yes or no on esta, that's not my concern, I'm ticking no. I am however still slightly concerned on the fingerprints, I don't want to tick no and then my prints flag up I'm a criminal HA! This hasn't been covered so much...and what do they use them for if its not to cross check them?


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## skyscraper101 (Sep 1, 2016)

zippidy doo daa said:


> Lol well I can assure you I have read through and 99% of the stuff on here is about ticking yes or no on esta, that's not my concern, I'm ticking no. I am however still slightly concerned on the fingerprints, I don't want to tick no and then my prints flag up I'm a criminal HA! This hasn't been covered so much...and what do they use them for if its not to cross check them?



I seriously doubt the airport fingerprint ID scan in the US airports is linked to the UK PCN. I'm sure we'd have heard about it by now from this thread and I reckon its just too complex to get the equivalent systems from around the world to all link up to it.

My hunch is that it's mainly for collecting entry prints for matching to passports, and then for future passport verification purposes and flagging for no entry or second screening once they've got you on their system. Routine stuff.


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## zippidy doo daa (Sep 1, 2016)

skyscraper101 said:


> I seriously doubt the airport fingerprint ID scan in the US airports is linked to the UK PCN. I'm sure we'd have heard about it by now from this thread and I reckon its just too complex to get the equivalent systems from around the world to all link up to it.
> 
> My hunch is that it's mainly for collecting entry prints for matching to passports, and then for future passport verification purposes and flagging for no entry or second screening once they've got you on their system. Routine stuff.


Thanks skyscraper.


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## skyscraper101 (Sep 1, 2016)

My top tips for quickest way to get through the border. Answer questions as simply as possible. Short answers. Quick facts. Sometimes the officers will look surly, sometimes jolly. Either way don't do any humour, attitude, or any other pointless conversation that will hold you and everyone behind up. Just be polite, normal, and answer the questions as simply as you can in plain English.

Have the name of the hotel or place you're staying, and the number of days you're staying in the US, if you're on holiday just say 'on vacation' and only say where else you're visiting if asked. Know how much cash you have on you if asked.

If visiting friends prepared to say how you know them and how long. Don't give a life story. Don't say 'girlfriend' or 'boyfriend' it's a red flag. If on business, they'll ask what you do, who you work for, what they do, and who you're meeting with. Again, just bare facts needed. Have a business card or some other proof to offer, but only if asked for. Scan your prints. Look into the camera. Get stamped. Be on your way.

Every time I get off a plane from the UK to America there's a number of Brits who hold up the line for everyone by engaging the border security in lengthy bantz which invites more questions which last upto 5 minutes or longer. I've never taken more than a minute or so to get through. Keep it simple for everyone's sake.


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## zippidy doo daa (Sep 1, 2016)

skyscraper101 said:


> My top tips for quickest way to get through the border. Answer questions as simply as possible. Short answers. Quick facts. Sometimes the officers will look surly, sometimes jolly. Either way don't do any humour, attitude, or any other pointless conversation that will hold you and everyone behind up. Just be polite, normal, and answer the questions as simply as you can in plain English.
> 
> Have the name of the hotel or place you're staying, and the number of days you're staying in the US, if you're on holiday just say 'on vacation' and only say where else you're visiting if asked. Know how much cash you have on you if asked.
> 
> ...


Thanks again skyscraper, some good tips there especially for a first timer, when I get nervous I do sometimes tend to...shall I say chat shit....so I'll definitely be aware to just answer the questions and not try to be there friend, to be honest with you I have seen what the questions are on the esta form and I honestly believe they don't apply to me, so in essence I'm not lying anyway am I


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## editor (Sep 1, 2016)

skyscraper101 said:


> My top tips for quickest way to get through the border. Answer questions as simply as possible. Short answers. Quick facts. Sometimes the officers will look surly, sometimes jolly. Either way don't do any humour, attitude, or any other pointless conversation that will hold you and everyone behind up. Just be polite, normal, and answer the questions as simply as you can in plain English.
> 
> Have the name of the hotel or place you're staying, and the number of days you're staying in the US, if you're on holiday just say 'on vacation' and only say where else you're visiting if asked. Know how much cash you have on you if asked.
> 
> ...


And if you're a DJ or a musician DO NOT whatever you do, say you are playing any kind of gig, regardless of how small, or if you're being paid or not. Don't even say you're playing in a friend's tiny non-profit charity bar. I've known musicians get turned right around and sent home for this.


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## 1%er (Sep 1, 2016)

If you had read the thread you'd have come across a freedom of information question and its answer which says very clearly that the UK police do not share information on their database with the USA, unless a requested is made to the home office. So your finger prints will not be available in the USA unless you have provided them.

See post 1152


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## skyscraper101 (Sep 1, 2016)

editor said:


> And if you're a DJ or a musician DO NOT whatever you do, say you are playing any kind of gig, regardless of how small, or if you're being paid or not. Don't even say you're playing in a friend's tiny non-profit charity bar. I've known musicians get turned right around and sent home for this.



So, so, true. Top tip. Don't be a musician or a DJ doing a gig without the appropriate visa. Ever.


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## skyscraper101 (Sep 1, 2016)

And don't be this guy either

Caution on Twitter urged as tourists barred from US - BBC News


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## editor (Sep 1, 2016)

skyscraper101 said:


> So, so, true. Top tip. Don't be a musician or a DJ doing a gig without the appropriate visa. Ever.


Or do it under a different name.


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## Kobe123 (Sep 1, 2016)

Hi I've been reading up on the advanced passenger information what will this actually check and will a criminal record get flagged up ??


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## zippidy doo daa (Sep 1, 2016)

Well defo not a musician or a dj, or in fact a dangerous criminal...just a mum wanting to take her kids to see Micky and Minnie, hopefully I'll breeze through and have the trip of a lifetime, and 1%er I did read most of the thread but admittedly fast eye scanned through some bits so I must of missed that particular part of the thread. Thanks again for the answers and help


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## Bahnhof Strasse (Sep 2, 2016)

Kobe123 said:


> Hi I've been reading up on the advanced passenger information what will this actually check and will a criminal record get flagged up ??




Advance Passenger Information just gives the authorities your name and date of birth at the point you buy your ticket. Before you check in it adds your passport information. These things flag up people on the 'No-fly list' and has nothing to do with any criminal record you may have, unless that is related to terror in some way...

Stories exist of travel agents making up the date of birth of the passenger (cos they don't have the information yet and the fare will expire if not issued straight away) and also entering the name incorrectly compared to what is on the ticket (cos they are massively drunk or hungover) and nothing happening at all. If these are to be believed I think you can safely not worry about Advance Passenger Information.


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## Kobe123 (Sep 2, 2016)

Anyone travelled while on a suspended sentence and got away with it


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## trashpony (Sep 2, 2016)

Kobe123 said:


> Anyone travelled while on a suspended sentence and got away with it


Enjoy the 41 pages of this thread. All the answers you seek are contained within


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## Chancer2016 (Sep 6, 2016)

Hello guys,

I know this thread is still going and I have read through it believe me....

Rather than ask a question I just simply want to know peoples thoughts.

I was convicted of a very serious crime 10 years ago when I was 16 and spent some time in a Young Offenders Institute. Since then I have completely turned my life around and have a great job coaching young people in a school.

I was planning on ticking no on the ESTA and booking a holiday to America. I know they don't share records etc but just want to knoq what peoples opinions are about travelling with such a serious offence.

All I ever read is minor offences etc.

Thanks in advance and apologies if it pisses anyone off!

Oh and by thr way I am in the UK


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## Chilli.s (Sep 6, 2016)

Chancer2016 said:


> I was planning on ticking no on the ESTA and booking a holiday to America



Sounds like a good bit of research if nothing else. Please let us know how it goes.


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## Chancer2016 (Sep 6, 2016)

Chilli.s said:


> Sounds like a good bit of research if nothing else. Please let us know how it goes.



I have read so many articles, forums and other things about the subject. They all lean towards the same thing. The UK and US don't share criminal record information. 

Obviously, as wth anything there is a risk involved. I just wanted to know what people thought of travelling witha serious offence as most people on the thread have travelled with minor offences.


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## 1927 (Sep 6, 2016)

Sometimes I just want to give up on living, but this thread reminds me there are still some things in life worth staying around for.


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## skyscraper101 (Sep 6, 2016)

Fly through Dublin or Shannon if really paranoid. They have stateside immigration there so worst case scenario is having to fly back from Ireland.

Shame they don't got that here really. I'd love to step straight off a flight from the UK without all the queues. Usually adds another hour to the whole experience. Especially if your landing coincides with another long hauler from a visa requiring country.


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## makky1113 (Sep 10, 2016)

Hey!

Last june I had an argument with my husband we called the police to had help (in my country the police help you in this cases) but they arrested my husband because my english is so bad and they believed that my husband hitted me because we were an argue because a broom that he throw to the kitchen wen I was cleaning the floor  hit my elbow leaving me a tiny bruise... he was arrested with ABH but free to go with no charges and with a NFA in 20 min. We had british passports now he wants to go to the super bowl. Does he needs to declare it? Can he Just tick no in the ESTA? Do he needs to apply for a visa? We are a great family we already leave this in the past... my police officer said he doesnt have a criminal record (it was his first "problem" with the police) and the finger prints and DNA were deleted when he got the NFA but Im so worried and sick... please help me.


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## makky1113 (Sep 10, 2016)

1927 said:


> Sometimes I just want to give up on living, but this thread reminds me there are still some things in life worth staying around for.



Can I please give a happy moment?


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## Bahnhof Strasse (Sep 10, 2016)

makky1113 said:


> Hey!
> 
> Last june I had an argument with my husband we called the police to had help (in my country the police help you in this cases) but they arrested my husband because my english is so bad and they believed that my husband hitted me because we were an argue because a broom that he throw to the kitchen wen I was cleaning the floor  hit my elbow leaving me a tiny bruise... he was arrested with ABH but free to go with no charges and with a NFA in 20 min. We had british passports now he wants to go to the super bowl. Does he needs to declare it? Can he Just tick no in the ESTA? Do he needs to apply for a visa? We are a great family we already leave this in the past... my police officer said he doesnt have a criminal record (it was his first "problem" with the police) and the finger prints and DNA were deleted when he got the NFA but Im so worried and sick... please help me.




It's fine to click no on the ESTA.

Don't bother with the super bowl though, tickets cost $1000's and it's shite.


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## wiskey (Sep 10, 2016)

Haha superbowl has never appealed to me either!


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## makky1113 (Sep 11, 2016)

Bahnhof Strasse said:


> It's fine to click no on the ESTA.
> 
> Don't bother with the super bowl though, tickets cost $1000's and it's shite.



I know but he played american football 25 years... so he loves!!! Thank you for answer me


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## Bahnhof Strasse (Sep 11, 2016)

makky1113 said:


> I know but he played american football 25 years... so he loves!!! Thank you for answer me




Hope you have a lovely time then.

Btw, if this was in the UK the DNA would not be deleted, they'll keep hold of it forever regardless of NFA.


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## makky1113 (Sep 11, 2016)

Bahnhof Strasse said:


> Hope you have a lovely time then.
> 
> Btw, if this was in the UK the DNA would not be deleted, they'll keep hold of it forever regardless of NFA.



Not true babe!!! Since 2013 they delete the DNA and fingerprints after they are arrested but not charged. Look


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## makky1113 (Sep 11, 2016)

Look this one!!! If you were arrested but not charged they delete your DNA and fingerprints the details of your arrest are the ones that you cant deleted from the PND


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## BenOSull (Sep 15, 2016)

Hi All,
Wanted to quickly write on here as I've just got back from the US and found this thread incredibly reassuring before my trip.

I was arrested and given a caution for possession of a Class A drug 2 years ago. Fingerprints etc. we're all taken at the time of arrest. This is my first and only offence.

I flew to JFK New York, from Gatwick on September 8th I only realised there was the potential to have an issue when I looked into the ESTA form a couple of weeks before my flight, so it would have been too late to go to the embassy. 

On arrival after what seemed to be an eternity awaiting to see the customs officer, a couple of questions were asked regarding where we were staying and the length of trip, fingerprints and picture taken and then a hefty delightful stamp in my passport and I was told to have a nice trip.

We had a great time. 
Thanks again for all previous messages with examples and advice.


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## Bahnhof Strasse (Sep 15, 2016)




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## Goomertron (Sep 22, 2016)

I'd thought I would just share my experience here as today I just got back from the US embassy for my B1/2 visa application. I have a recent conviction in which I got a suspended sentence however it is on the list of moral aptitude unfortunately. I was tempted to go down the Esta route and basically lie on the form and i'm sure it would have been fine but the risks and stress of the whole thing would have been too much so I'd thought I would be a nice law abiding citizen and apply for the visa. I had genuine reason to travel as I work for two companies in the US and there is a conference on next year in which I had been invited to. I filled out all the forms and provided my criminal certificate (they wasn't interested in anything else) and waiting to be seen by the consular. Unfortunately I was denied initially due to my criminal record and the fact that it was recent. Then I was also denied a waiver recommendation under reason 214(b) which states that I didn't have strong ties to my home country (uk). I'm now kicking myself but still confused under the reason 214(b) which I had no idea about before. I needed to show that I had good enough reason to return home. I'm slightly annoyed that they didn't ask for any further documents to support this such as employment contracts, finances etc.


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## wiskey (Sep 22, 2016)

Bugger, fair dos on the criminal stuff but (assuming you are British) the second clause seems a bit odd... Do you not own a house/have family/have a job etc here?


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## Bahnhof Strasse (Sep 23, 2016)

Impossible to say 100%, but most likely it's the criminal record that's fucked it and the returning to the UK bit is just a handy add-on for their reason to deny the visa. Just goes to show honesty is rarely the best policy. 

Hope the rejection doesn't affect your work, if your company inquires why you can't travel to the US tell 'em your name is similar to one on the no-fly list and you can't be bothered to go through the hoops to get it taken cleared.


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## 1927 (Sep 24, 2016)

Goomertron said:


> I'd thought I would just share my experience here as today I just got back from the US embassy for my B1/2 visa application. I have a recent conviction in which I got a suspended sentence however it is on the list of moral aptitude unfortunately. I was tempted to go down the Esta route and basically lie on the form and i'm sure it would have been fine but the risks and stress of the whole thing would have been too much so I'd thought I would be a nice law abiding citizen and apply for the visa. I had genuine reason to travel as I work for two companies in the US and there is a conference on next year in which I had been invited to. I filled out all the forms and provided my criminal certificate (they wasn't interested in anything else) and waiting to be seen by the consular. Unfortunately I was denied initially due to my criminal record and the fact that it was recent. Then I was also denied a waiver recommendation under reason 214(b) which states that I didn't have strong ties to my home country (uk). I'm now kicking myself but still confused under the reason 214(b) which I had no idea about before. I needed to show that I had good enough reason to return home. I'm slightly annoyed that they didn't ask for any further documents to support this such as employment contracts, finances etc.


If you were a "nice law abiding citizen" you wouldn't be in this mess!


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## JanaSta (Sep 28, 2016)

Hi all,
this february I was sentenced to 60 hours of unpaid work and was given a fine of £195 for possession of a weapon (knuckleduster and a pepper spray). Im not British, but European studying in England and I want to apply for a J-1 Visa this year. Do you think that there is a possibility they won't deny my application? Thanks for your answers.


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## Last_Of_The_V8s (Oct 20, 2016)

Hey folks, I was very weary about just chancing it and was gonna visit the US embassy and apply for a visa a declare everything but in the end went for chance. I ain't proud of it but I have 19 convictions from the last 13 years, 3 years ago I was released from prison for 3x House Breakings and I sailed through customs without a 2nd look!!! So who knows if US Customs or the States Dept have criminal info on UK citizens or not. Maybe it's just hit or miss??!!

I visited Charlotte in North Carolina just this year.


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## nogojones (Oct 21, 2016)

Last_Of_The_V8s said:


> Hey folks, I was very weary about just chancing it and was gonna visit the US embassy and apply for a visa a declare everything but in the end went for chance. I ain't proud of it but I have 19 convictions from the last 13 years, 3 years ago I was released from prison for 3x House Breakings and I sailed through customs without a 2nd look!!! So who knows if US Customs or the States Dept have criminal info on UK citizens or not. Maybe it's just hit or miss??!!
> 
> I visited Charlotte in North Carolina just this year.


Is home security better or worse in the USA?


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## scully87 (Nov 1, 2016)

Hey everyone
Reaaaally long thread. I have had a good read through but would still like some reassurance from you kind people ☺️
I am wanting to book a dual destination holiday for my partners 30th, going in March 2017.

I am worried sick as I have committed 2/3 offences. The first two (although I think only the second one counts) are minor shoplifting offences committed around seven years ago. Both times I paid a fine and that was that. Will this count as a proper offence and it this moral turpitude? I have read many definitions of the term and can't work it out.

The second offence is ridiculous. I was taken to court and fined £600 for not paying a £9 fare to work on Virgin Trains. It is classed as a criminal record although the police where never actually involved and it was a private company prosecuting me. This happened just over a year ago. Is this moral turpitude? Again, I have absolutely no idea.

Anyway, what shall I do? I am 28 and a morally decent person. I want to book this holiday as a surprise for my partner and have found a really good deal but I am terrified to book in case I get turned away and it ruins the whole trip. We really couldn't afford to lose the money and I would obviously be devastated if the worst happened.

Any advice would be MUCH appreciated ☺️

Thanks in advance


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## scully87 (Nov 1, 2016)

BenOSull said:


> Hi All,
> Wanted to quickly write on here as I've just got back from the US and found this thread incredibly reassuring before my trip.
> 
> I was arrested and given a caution for possession of a Class A drug 2 years ago. Fingerprints etc. we're all taken at the time of arrest. This is my first and only offence.
> ...



What actually happened when you got there? Did they mention the offence at all or did they have no idea? Your story seems similar to mine but I would imagine that the US might think a drug charge more serious than petty shoplifting. Although they did take my fingerprints one time.

Thanks ☺️


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## 1%er (Nov 1, 2016)

The Staff at American airports do not have access to the UK police national computer (although they can apply to the home office for information on individuals but that takes time and can not be done by airport staff, customs TSA etc). The TSA use a system called CAPPS (a passenger prescreening system) so if they think you are not eligible to be landed you will not be allowed to fly in the first place.


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## Supine (Nov 1, 2016)

This thread certainly attracts a lot of criminals to U75


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## scully87 (Nov 1, 2016)

1%er said:


> The Staff at American airports do not have access to the UK police national computer (although they can apply to the home office for information on individuals but that takes time and can not be done by airport staff, customs TSA etc). The TSA use a system called CAPPS (a passenger prescreening system) so if they think you are not eligible to be landed you will not be allowed to fly in the first place.



So do you think from what I have told you that would apply to me??

Thanks ☺️


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## trashpony (Nov 1, 2016)

Is there no way we can have a stickie on this thread?

Apply for an ESTA in advance. Tick no on the form they give you on the plane. Be polite, have enough cash for your stay, a return plane ticket and an address that you'll be staying at. Unless you are a master criminal on the international most wanted list, it doesn't matter what crime you committed. They don't know about it. 

Anyway, I really wouldn't go to the States at the moment - the exchange rate is brutal.


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## pseudonarcissus (Nov 1, 2016)

Goomertron said:


> I'd thought I would just share my experience here as today I just got back from the US embassy for my B1/2 visa application. I have a recent conviction....moral aptitude.....I'd thought I would be a nice law abiding citizen...
> .


I like the idea of a visa rejection on the basis of moral aptitude....


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## 1%er (Nov 2, 2016)

scully87 said:


> So do you think from what I have told you that would apply to me??
> 
> Thanks ☺️


My advise to you would be he same as @trashpony above.

Never admit anything to public officials, let me give you a simple example; if you are asked by a customs officer or police officer "have you ever taken drugs" and you answer "yes, years ago when I was younger" or "yes, but not for years" you have just given them reasonable suspicion to detain and search you, as you have made an admission of law breaking, albeit in the past. It is considered reasonable to suspect that someone who has admitted breaking the law once, that they may do it again, if you answer no, then it is not considered reasonable to assume that someone who has never broken the law will start on that day.


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## Bahnhof Strasse (Nov 2, 2016)

1%er said:


> My advise to you would be he same as @trashpony above.
> 
> Never admit anything to public officials, let me give you a simple example; if you are asked by a customs officer or police officer "have you ever taken drugs" and you answer "yes, years ago when I was younger" or "yes, but not for years" you have just given them reasonable suspicion to detain and search you, as you have made an admission of law breaking, albeit in the past. It is considered reasonable to suspect that someone who has admitted breaking the law once, that they may do it again, if you answer no, then it is not considered reasonable to assume that someone who has never broken the law will start on that day.



You may also have broken the law, cos the ESTA form asks if you are a drug abuser. Answering NO on the ESTA and then admitting to having abused drugs in the past means you have lied on your ESTA...

No to everything.

Smile sweetly, be polite and you'll be apples.


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## ruffneck23 (Nov 2, 2016)

worked for me


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## scully87 (Nov 2, 2016)

1%er said:


> My advise to you would be he same as @trashpony above.
> 
> Never admit anything to public officials, let me give you a simple example; if you are asked by a customs officer or police officer "have you ever taken drugs" and you answer "yes, years ago when I was younger" or "yes, but not for years" you have just given them reasonable suspicion to detain and search you, as you have made an admission of law breaking, albeit in the past. It is considered reasonable to suspect that someone who has admitted breaking the law once, that they may do it again, if you answer no, then it is not considered reasonable to assume that someone who has never broken the law will start on that day.



Thank you

Do feel loads better.


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## scully87 (Nov 2, 2016)

Right.... another ridiculous question but do you think if Donald Trump gets in he will change the law? 

Stupid I know but I have been thinking about it


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## ddraig (Nov 2, 2016)

are you Muslim?


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## not-bono-ever (Nov 2, 2016)

oddly enough if you want to join the coppery / secret service or customs / immigration, they expect you to have *expreimented* with drugs and confess at the interview. Indeed, they are suspicious of you say you have not touched it ever


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## scully87 (Nov 3, 2016)

ddraig said:


> are you Muslim?


Nope


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## ddraig (Nov 4, 2016)

scully87 said:


> Nope


Should be fine then
And if they change law prob won't be that quick


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## keybored (Nov 4, 2016)

scully87 said:


> do you think if Donald Trump gets in he will change the law?



Do you think if Donald Trump gets in that anyone would even want to travel there?


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## scully87 (Nov 4, 2016)

keybored said:


> Do you think if Donald Trump gets in that anyone would even want to travel there?


Well me.... but already booked the trip now! Eeek


----------



## xsphvns (Nov 8, 2016)

Hi guys, 

Quick question, my boyfriend and I are due to fly to New York in March however, he has a criminal record. 

He got into a drunken fight in 2012 and got common assault on his record (nothing else on his record) he paid his compensation, completed his community work and that's all. 

He is due to have his visa meeting in December at the embassy in London, do you think he will be granted a visa? 

Thank tou


----------



## joustmaster (Nov 8, 2016)

xsphvns said:


> Hi guys,
> 
> Quick question, my boyfriend and I are due to fly to New York in March however, he has a criminal record.
> 
> ...


Did he win the fight?


----------



## xsphvns (Nov 8, 2016)

joustmaster said:


> Did he win the fight?


Ha, yes but that's irrelevant.


----------



## keybored (Nov 8, 2016)

xsphvns said:


> Hi guys,
> 
> Quick question, my boyfriend and I are due to fly to New York in March however, he has a criminal record.
> 
> ...



Why does he need a visa?


----------



## joustmaster (Nov 8, 2016)

xsphvns said:


> Ha, yes but that's irrelevant.


people will give you silly answers here. Mostly because your question has been answered 8 times per page on this thread.

But in short - he will be fine if he lies and just says he has never been in trouble... as long as he hasn't ever told them that he has been in trouble.
Why is he having a visa meeting? Has he already told them he has been in trouble? If so, have you ever considered going on holiday to Canada?


----------



## xsphvns (Nov 9, 2016)

Because he has common assault on his criminal record? We were told that he wouldn't be eligible for an etsa, if we went down that route it's just my luck we would be caught out. 
We've got all his ACRO forms etc from the police to detail his record and I guess we just wait until 6th December to find out


----------



## keybored (Nov 9, 2016)

Sorry but you should have gone the ESTA route and kept quiet.


----------



## xsphvns (Nov 9, 2016)

keybored said:


> Sorry but you should have gone the ESTA route and kept quiet.


Do you think chances are he will be denied?


----------



## trashpony (Nov 9, 2016)

xsphvns said:


> Do you think chances are he will be denied?


Yes, because he doesn't pass the test to get a visa. You should have read this thread before, not after, you contacted the embassy. I hope you haven't paid for anything


----------



## xsphvns (Nov 9, 2016)

trashpony said:


> Yes, because he doesn't pass the test to get a visa. You should have read this thread before, not after, you contacted the embassy. I hope you haven't paid for anything


Course we've paid, we've paid for the visa appointment. What do you mean he doesn't pass the test for a visa? What's the point of having the ETSA and then a visa option if he doesn't fit the ETSA if they say no either way


----------



## trashpony (Nov 9, 2016)

xsphvns said:


> Course we've paid, we've paid for the visa appointment. What do you mean he doesn't pass the test for a visa? What's the point of having the ETSA and then a visa option if he doesn't fit the ETSA if they say no either way


I'm sure you can google yourself and I feel disinclined to help as you're rude.


----------



## xsphvns (Nov 9, 2016)

trashpony said:


> I'm sure you can google yourself and I feel disinclined to help as you're rude.


Not being rude trashpony. Just don't understand their system if they allow an ETSA if you lie to them, which I understand people do and get away with it but if you're honest and try to go for the visa(b12 or whatever it is) they still say no


----------



## keybored (Nov 9, 2016)

xsphvns said:


> Do you think chances are he will be denied?





xsphvns said:


> Course we've paid, we've paid for the visa appointment. What do you mean he doesn't pass the test for a visa? What's the point of having the ETSA and then a visa option if he doesn't fit the ETSA if they say no either way


If you've paid for the appointment you have nothing to lose by going I suppose (apart from a wasted trip) but the bottom line is you've been honest and that's seemingly not the best policy when it comes to travelling to The States. They will likely say "No, you have a criminal record/you've been arrested". If he'd just filled in the ESTA and ticked "No" to these questions they would almost certainly have never found out.


----------



## keybored (Nov 9, 2016)

xsphvns said:


> Not being rude trashpony. Just don't understand their system if they allow an ETSA if you lie to them, which I understand people do and get away with it but if you're honest and try to go for the visa(b12 or whatever it is) they still say no


Because there are sometimes reasons for not being eligible to use the ESTA program which might not bar you altogether from entry, for which you would have to go to the meeting and get the visa. But I don't think a criminal record is going to be on that list.


----------



## xsphvns (Nov 9, 2016)

keybored said:


> Because there are sometimes reasons for not being eligible to use the ESTA program which might not bar you altogether from entry, for which you would have to go to the meeting and get the visa. But I don't think a criminal record is going to be on that list.


Thank you for clarifying. I'll post the outcome after the meeting, I assume he finds out straight away


----------



## keybored (Nov 9, 2016)

xsphvns said:


> Thank you for clarifying. I'll post the outcome after the meeting, I assume he finds out straight away


Good luck. I have no idea how quickly he'll know the outcome but I did find this which might hold some hope:
ESTA application denied



> Another common error is to answer "Yes" to the question about having been arrested or convicted for a crime causing serious harm to property, persons, or government entities) assuming that driving under the influence of alcohol or simple assault is considered a type of that crime (it isn't.)  You can look here for a more detailed description of serious crimes.


----------



## trashpony (Nov 9, 2016)

xsphvns said:


> Not being rude trashpony. Just don't understand their system if they allow an ETSA if you lie to them, which I understand people do and get away with it but if you're honest and try to go for the visa(b12 or whatever it is) they still say no


Because you're not supposed to lie on the ESTA obviously 

keybored has shamed me into being a nicer person and sharing the minute of googling that I did with you: 





> *Crimes that Shouldn’t Prevent Entry to the U.S.*
> Not all crimes will result in being denied entry to the U.S.
> 
> 
> ...



so your boyfriend should be alright. Be very contrite and very polite.


----------



## keybored (Nov 9, 2016)

Tell him not to go punching anyone at the embassy either.


----------



## 1927 (Nov 10, 2016)

xsphvns said:


> Because he has common assault on his criminal record? We were told that he wouldn't be eligible for an etsa, if we went down that route it's just my luck we would be caught out.
> We've got all his ACRO forms etc from the police to detail his record and I guess we just wait until 6th December to find out


Common assault is NOT a crime of moral turpitude so he was eligible for esta and whoever told you contrary was wrong.


----------



## xsphvns (Nov 10, 2016)

Thanks all, will let you know the outcome! Another story for this forum at least, every cloud


----------



## Pickman's model (Nov 10, 2016)

keybored said:


> Tell him not to go punching anyone at the embassy either.


Always better to use an implement


----------



## fatherof2 (Nov 20, 2016)

love this thread.... it goes way back.... ive read the last half of it and im going along with its advice..... ive applied for the ESTA... ticked no... eventhough had some convictions 6 years ago... now just waiting for the reply (the clearance as they say/)... 

thanks alot guys will update you once i arrive in the US... if god wills that is...
take care
you guys are legends...

your humble bro

S from london


----------



## Charlieboy28 (Nov 21, 2016)

Copied from my own thread..

Ok, I've read that much online I can't decide on what's nonsense and what is actually the truth. If there is any... LIE, YOU WON'T GET IN END OF, ETC ETC

I'm 25 now, when I was 18 (silly little boy running with the wrong crowd) I was the driver in a robbery. To cut the story short, I was handed a 2 year custodial sentence suspended for 18 months.. from that day I never set a foot wrong again and thankfully never had to go to jail as I didn't get into trouble within them 18 months. Or after that for the record lol. 

Anyhow, I've always wanted to go to new York. A dream really, I've settled down now with my partner and 2 Young children. Not now, but maybe next year, I want to go to new York for a short trip, 4,5 nights.. and im wondering..

What in the hell do I do???

Lie on the online waiver?
Go through the whole expensive visaapplication/interview..

Or what? Any help that is actually LEGIT, is greatlyappreciated.


----------



## keybored (Nov 21, 2016)

Lie on the online waiver. 

You're welcome.


----------



## fatherof2 (Nov 23, 2016)

Just to update you guys... ive recieved my authorization of acceptance... brilliant... now ive booked my ticket for tuesday... i hope u guys wer right....! 

S


----------



## Just interested (Nov 30, 2016)

fatherof2 said:


> Just to update you guys... ive recieved my authorization of acceptance... brilliant... now ive booked my ticket for tuesday... i hope u guys wer right....!
> 
> S


How did you get on?


----------



## Supine (Nov 30, 2016)

Just interested said:


> How did you get on?



Guantanamo?


----------



## Visa1 (Dec 15, 2016)

Hey guys. I had an appointment at the embassy in London today. I tried being honest and declaring everything and was refused entry (GBH with intent back in 2009). I was pretty much told although I'm not 'banned' I'm permanently enligible. I have been looking at other routes into the states and have been told that flying to Canada and driving over the border could work if I filled out a form called an I-94W and lied about my conviction. Just curious if anyone has tried this? As I'm worried that they will scan my passport or something and it'll flag that I have had a visa refusal (they took my finger prints and everything today lol). 

Also does anyone know if my passport is 'marked' now? i.e. If I did an online ETSA and lied to obtain a visa would my refused visa flag when I got to passport control in the states? 

And finally does anyone know if border controls communicate ? I want to travel to Australia and feel id get in if I lied about my criminal record but now IRONICALLY I am worried that the visa refusal from the states might show up and lead to them catching me out now. Has anyone been refused a visa to America and then tried to get into another country by lying and been successful ?

If I am caught lying to obtain a visa will I just be permanently banned and sent back or it is country dependant ? Could it result in prison if I tried it in the wrong place?

Thanks guys.


----------



## Visa1 (Dec 15, 2016)

And a word of warning if you have a criminal record I'd honestly just lie I know loads of people who have and are fine. I mean they ASK you to buy a copy of your convictions and provide them on the visa interview (an ACRO). If the embassy in London are too lazy to CRB check you that speaks volumes as to how little the passport control in the states will go too lol. I have literally paid an extortionate amount of money to make it even harder to enter the states, absolutely gutted!


----------



## Fez909 (Dec 15, 2016)

Visa1 said:


> And a word of warning if you have a criminal record I'd honestly just lie I know loads of people who have and are fine. I mean they ASK you to buy a copy of your convictions and provide them on the visa interview (an ACRO). If the embassy in London are too lazy to CRB check you that speaks volumes as to how little the passport control in the states will go too lol. I have literally paid an extortionate amount of money to make it even harder to enter the states, absolutely gutted!


Sorry you found out the hard way about being honest.

As to your other questions, it's hard to say. There's no laws governing sharing data between non-nationals between countries that I'm aware of. So they _could _share the info with Aus. I very much doubt they would, though. They don't give a shit who goes to Australia. It's USA they're paid to look after.

Unless you're working in Aus, or anywhere else you go, just lie. And you'll be fine. 

I probbaly wouldn't risk USA again if I was in your shoes, but the worst that happens is you get turned back at the Canadian border and you have to spend time in Canada instead. Sounds alright to me


----------



## Motherbear5 (Dec 28, 2016)

My husband was arrested more than 30 years ago it was to do with drugs, 
We would like to go to florida and so started the ds160 form. We sent the form and have yet to arrange an interview. I'm assuming he won't get approved for a visa my question is now the ds160 is in the system should we just cancel our whole holiday rather than lose loads of money. At the moment we stand to lose £500 in deposits.


----------



## Spymaster (Dec 28, 2016)

Visa1 said:


> ... I'd honestly just lie ...


----------



## 1927 (Dec 29, 2016)

Motherbear5 said:


> My husband was arrested more than 30 years ago it was to do with drugs,
> We would like to go to florida and so started the ds160 form. We sent the form and have yet to arrange an interview. I'm assuming he won't get approved for a visa my question is now the ds160 is in the system should we just cancel our whole holiday rather than lose loads of money. At the moment we stand to lose £500 in deposits.


Why the fuck would you book a holiday before knowing that the Visa was approved? madness.


----------



## Bahnhof Strasse (Dec 29, 2016)

Motherbear5 said:


> My husband was arrested more than 30 years ago it was to do with drugs,
> We would like to go to florida and so started the ds160 form. We sent the form and have yet to arrange an interview. I'm assuming he won't get approved for a visa my question is now the ds160 is in the system should we just cancel our whole holiday rather than lose loads of money. At the moment we stand to lose £500 in deposits.




Why did you not just apply for an ESTA and travel?

A 30 year old drugs conviction won't be logged anywhere.


----------



## Bahnhof Strasse (Dec 29, 2016)

Visa1 said:


> Hey guys. I had an appointment at the embassy in London today. I tried being honest and declaring everything and was refused entry (GBH with intent back in 2009). I was pretty much told although I'm not 'banned' I'm permanently enligible. I have been looking at other routes into the states and have been told that flying to Canada and driving over the border could work if I filled out a form called an I-94W and lied about my conviction. Just curious if anyone has tried this? As I'm worried that they will scan my passport or something and it'll flag that I have had a visa refusal (they took my finger prints and everything today lol).
> 
> Also does anyone know if my passport is 'marked' now? i.e. If I did an online ETSA and lied to obtain a visa would my refused visa flag when I got to passport control in the states?
> 
> ...




Your passport number will be logged by the US now. A new passport won't be. Lose yours and you get a new number...

They don't share anything with Australia. The Australian e-visa can be had for free and if accepted is a very positive indicator that you'll get entry to the US. If you know a decent, friendly travel agent then he or she can apply for the Ozzie one free of charge for you.


----------



## JASONMARTIN (Jan 13, 2017)

if you lose your passport and replace with new one it won't show up in system as same name and DoB ?


----------



## Bahnhof Strasse (Jan 13, 2017)

JASONMARTIN said:


> if you lose your passport and replace with new one it won't show up in system as same name and DoB ?



No, on ESTA the passport gets flagged, not the passport holder. Names + DOB only gets logged on the TSA's No Fly lists, which is reserved for Muslims.


----------



## Pickman's model (Jan 13, 2017)

This must be the most successful thread started by someone only passing through


----------



## editor (Jan 13, 2017)

Pickman's model said:


> This must be the most successful thread started by someone only passing through


It probably is and it's also probably one of the most useful threads too, even if it involves people repeating the same advice in an endless loop.


----------



## Traveller2017 (Jan 14, 2017)

Lurked this thread for years wondering if i would ever get into the US with a drugs conviction in the UK. 

Can now happily feedback and confirm what everyone else is saying and to tick no and just go and enjoy yourself. 

Went to the US last month with no problems at all. Was nervous going through customs but the guy asked if id ever been before, what i was travelling for , took my pic and fingerprints and told me to enjoy my stay and sent me on my way. 

Cant believe i worried for so long about telling the truth, going though the consolate after reading that 99% were being refused and i would never get in again then.  

The UK share nothing (minor) with the US guys. Im going back in March again and wont even be thinking about it this time!


----------



## JASONMARTIN (Jan 15, 2017)

Bahnhof Strasse said:


> No, on ESTA the passport gets flagged, not the passport holder. Names + DOB only gets logged on the TSA's No Fly lists, which is reserved for Muslims.


 
What if I have a refused Esta for Canada, will that show up if I go to tick No "no criminal record" on Esta to go USA from uk ?


----------



## Bahnhof Strasse (Jan 15, 2017)

JASONMARTIN said:


> What if I have a refused Esta for Canada, will that show up if I go to tick No "no criminal record" on Esta to go USA from uk ?



Probly not. Why on earth where you refused the Canadian e-visa?


----------



## JASONMARTIN (Jan 15, 2017)

Bahnhof Strasse said:


> Probly not. Why on earth where you refused the Canadian e-visa?


 
I asked lawyer he said to tell them about record (I didn't look it up be4), so they wanted police certificate etc, but I Just sent them first page by mistake, and they then refused my Esta.

but you say probably not so could be chance I guess it could show up when they scan passport. I have new passport now tho but same name dob just different passport number.


----------



## 1927 (Jan 15, 2017)

JASONMARTIN said:


> I asked lawyer he said to tell them about record (I didn't look it up be4), so they wanted police certificate etc, but I Just sent them first page by mistake, and they then refused my Esta.
> 
> but you say probably not so could be chance I guess it could show up when they scan passport. I have new passport now tho but same name dob just different passport number.


Just goes to show, lawyers know jack shit!


----------



## Bahnhof Strasse (Jan 16, 2017)

JASONMARTIN said:


> I asked lawyer he said to tell them about record (I didn't look it up be4), so they wanted police certificate etc, but I Just sent them first page by mistake, and they then refused my Esta.
> 
> but you say probably not so could be chance I guess it could show up when they scan passport. I have new passport now tho but same name dob just different passport number.



44 pages here say don't admit anything and loads of people travel with no hassle vs your lawyer who's fucked things up. Ask for your money back at least.

Try for an ESTA with a new passport and see how you get on, should be OK.


----------



## mattryan (Jan 17, 2017)

Been to the american embassy this morning for my visa declared everything on the vcu 1 also had my npcc certificate i have a conviction for theft 14 years ago and the officer said i have to contact the npcc to get more information of the conviction and also to give the embassy more access to my records amd they will take it from there whats the likelyhood of getting the visa my conviction was minor resulting in community service but did go to crown court because the other person pushed it so hard


----------



## 1927 (Jan 17, 2017)

mattryan said:


> Been to the american embassy this morning for my visa declared everything on the vcu 1 also had my npcc certificate i have a conviction for theft 14 years ago and the officer said i have to contact the npcc to get more information of the conviction and also to give the embassy more access to my records amd they will take it from there whats the likelyhood of getting the visa my conviction was minor resulting in community service but did go to crown court because the other person pushed it so hard



You're fucked.


----------



## not-bono-ever (Jan 17, 2017)

I am not going to give ^^ a like as it doesnt feel right, but '27 is correct I am afriad


----------



## mattryan (Jan 18, 2017)

Any pertucular reason im fucked ? It was a non violent crime that didnt result in a custodial sentence ? And it was 14 years ago ? Guess it doesnt pay to be honest with them then ? Everything i have read has said if it is only 1 crime then u should be ok ? Sorry for all the questions im a newbie


----------



## editor (Jan 18, 2017)

mattryan said:


> Any pertucular reason im fucked ? It was a non violent crime that didnt result in a custodial sentence ? And it was 14 years ago ? Guess it doesnt pay to be honest with them then ? Everything i have read has said if it is only 1 crime then u should be ok ? Sorry for all the questions im a newbie


You may alright, but honesty is definitely not the best policy in most cases when dealing with US immigration. Good luck though - and please report back either way.


----------



## mattryan (Jan 18, 2017)

Yeah ill report back once i know. ACRO contacted me within 2 hours of me leaving the embassy to say the embassy had already been intouch asking for the extra information which i gave them permission to disclose so hopefully should hear something soon


----------



## mattryan (Jan 18, 2017)

I wish i would of found this before i applied i would have just got the bloody esta !


----------



## JASONMARTIN (Jan 21, 2017)

Bahnhof Strasse said:


> 44 pages here say don't admit anything and loads of people travel with no hassle vs your lawyer who's fucked things up. Ask for your money back at least.
> 
> Try for an ESTA with a new passport and see how you get on, should be OK.


 
I got new passport as I reported my old one Lost , would that Look suspicious or USA would know that my old passport was reported lost ?

Someone say to me that he had his passport lost, then when he tries to go USA now each time, they knew about it and did back ground checks ...not sure how they would know ?


----------



## wiskey (Jan 21, 2017)

Are you a British passport holder? 

They won't know or care that you lost your old passport anywhere other than here.


----------



## JASONMARTIN (Jan 22, 2017)

wiskey said:


> Are you a British passport holder?
> 
> They won't know or care that you lost your old passport anywhere other than here.


 
I have British Passport. That's what I was thought, maybe they just do random checks on people


----------



## JASONMARTIN (Jan 23, 2017)

on this Canadian immigration website, says that Canada share Information with other countries.

Canada eTA 2017 Problems? We Can Help!

"Does Canada Share Information with Other Countries?
In an effort to improve security, Canada shares information with select foreign governments
including criminal database information as well as visa and immigration information. If you read
 the fine print of the eTA application consent and declaration, Citizenship and Immigration Canada
 states that information provided may be shared with foreign governments in accordance with subsection
8(2) of the Canada Privacy Act."


----------



## 1927 (Jan 24, 2017)

JASONMARTIN said:


> on this Canadian immigration website, says that Canada share Information with other countries.
> 
> Canada eTA 2017 Problems? We Can Help!
> 
> ...


doesn't say if anyone shares with Canada tho!


----------



## wiskey (Jan 24, 2017)

JASONMARTIN said:


> on this Canadian immigration website, says that Canada share Information with other countries.
> 
> Canada eTA 2017 Problems? We Can Help!
> 
> ...


I would hope they share information... But as previously mentioned if you aren't a terrorist you probably aren't on their list


----------



## JASONMARTIN (Jan 24, 2017)

1927 said:


> doesn't say if anyone shares with Canada tho!


 
True, but USA and Canada probably share info with each other about denied Esta reports see as they work close together  ?


----------



## JASONMARTIN (Jan 24, 2017)

wiskey said:


> I would hope they share information... But as previously mentioned if you aren't a terrorist you probably aren't on their list


 
so they only share info with USA if you are terrorist ?  As I have a Denied Canadian Esta that wouldn't pop up when they scan your passport In USA ?


----------



## wiskey (Jan 24, 2017)

how on earth would I know ... I doubt it though.


----------



## alan_ (Jan 24, 2017)

xsphvns said:


> Thank you for clarifying. I'll post the outcome after the meeting, I assume he finds out straight away





xsphvns said:


> Thanks all, will let you know the outcome! Another story for this forum at least, every cloud



So what happened


----------



## Alfonso (Jan 30, 2017)

Hello all. As you know, the US has signed fingerprints and DNA sharing agreements (PCSC agreements) with all visa free countries, plus some countries that are not on the waiver list yet. 

So things are now a little bit different than 5-10 years ago. They have acces to this data, in the name of fighting terrorism and serious crimes.

My question would be to those that had their fingerprints taken by police in the past and traveled recently in the US, ticking NO in the form. How did it go at the customs ??

Are they checking at the border the fingerprints in the home country database or they do this only in case of a criminal investigation?

Thanks.


----------



## Manter (Jan 30, 2017)

Don't go to fucking America now.


----------



## Mexas (Jan 31, 2017)

Alfonso said:


> Hello all. As you know, the US has signed fingerprints and DNA sharing agreements (PCSC agreements) with all visa free countries, plus some countries that are not on the waiver list yet.
> 
> So things are now a little bit different than 5-10 years ago. They have acces to this data, in the name of fighting terrorism and serious crimes.
> 
> ...



They dont have live access to this information. If they suspect you of something serious they have to go through official channels to get this information e.g interpol.


----------



## theaccountant (Feb 1, 2017)

Traveller2017 said:


> Lurked this thread for years wondering if i would ever get into the US with a drugs conviction in the UK.
> 
> Can now happily feedback and confirm what everyone else is saying and to tick no and just go and enjoy yourself.
> 
> ...



Will be interested to hear how you feel things are in March with everything going on over the pond atm.


----------



## not-bono-ever (Feb 1, 2017)

I am not going to the states this year on principle. take that Amerika!


----------



## JASONMARTIN (Feb 7, 2017)

what if you change your name , you have to let the police know uk ? then new won't show on record US


----------



## 1%er (Feb 7, 2017)

JASONMARTIN said:


> what if you change your name , you have to let the police know uk ? then new won't show on record US


What?


----------



## Quallo (Feb 11, 2017)

Hey everyone

After reading the last 45 pages of this thread, I am happy to say 'no' to having been cautioned for possession of Class A and a public order offence which occured 3 years ago, so that I can travel to America under the Visa Waiver Program. Thanks for all the information on that one!

However, I want to travel to Canada from America on the same trip. Anyone know what the deal with Canada is and any advice on how to play it? There's also the option of travelling straight to Canada from the UK - if that changes things?

Cheers


----------



## Spymaster (Feb 11, 2017)

Quallo said:


> Hey everyone
> 
> After reading the last 45 pages of this thread, I am happy to say 'no' to having been cautioned for possession of Class A and a public order offence which occured 3 years ago, so that I can travel to America under the Visa Waiver Program. Thanks for all the information on that one!
> 
> ...



The Canadian eTA is now even more restrictive than the American ESTA.

The Canadians ask the question:



			
				Canadian eTA said:
			
		

> Have you ever committed, been arrested for, been charged with or convicted of any criminal offence in any country?


ANYTHING, EVER, ANYWHERE ... whereas the Americans are actually far more reasonable:



			
				United States ESTA said:
			
		

> Have you ever been arrested or convicted for any offence or crime that resulted in serious damage to property, or serious harm to another person or government authority; or ever violated any law related to possessing, using, or distributing illegal drugs?



... effectively only concerning themselves with issues of sedition, drugs, and violence.


----------



## Quallo (Feb 11, 2017)

Thanks Spymaster.

I've seen that I don't need a Canadian eTA if entering by land or sea... so would saying 'no' to get into America and then travelling to Canadia by sea (probably from Seattle) be a wise shout?

All the best and thanks again.


----------



## Spymaster (Feb 11, 2017)

If you're going to say "no" to the Yanks you might as well say "no" to the moose shaggers and not worry about how you enter. One won't have access to more information about you that the other.


----------



## Quallo (Feb 12, 2017)

Spymaster said:


> If you're going to say "no" to the Yanks you might as well say "no" to the moose shaggers and not worry about how you enter. One won't have access to more information about you that the other.



Thanks mate.


----------



## Suren25 (Feb 24, 2017)

Hi, Iam an Indian in UK on Work permit. We are planning now for a shift to US, will Be applying for a WP from US Embassy, London.  The issue is I have a conviction for driving with no insurance and talking on mobile while driving, both on the same day. Went to court and was fined, Fine is duels paid.  Should I declare this information in DS 160? If declared, will I have an issue with Visa approval? Need your suggestions as I am really confused as someone told me that lying is a serious offence and my convictions are not.


----------



## joustmaster (Feb 24, 2017)

I wonder what the record for driving convictions in one day is


----------



## not-bono-ever (Feb 25, 2017)

driving without insurance and on the phone are pretty fucking serious and arseholeish offences in anyones book


----------



## pogofish (Feb 25, 2017)

Suren25 said:


> Hi, Iam an Indian in UK on Work permit. We are planning now for a shift to US, will Be applying for a WP from US Embassy, London.  The issue is I have a conviction for driving with no insurance and talking on mobile while driving, both on the same day. Went to court and was fined, Fine is duels paid.  Should I declare this information in DS 160? If declared, will I have an issue with Visa approval? Need your suggestions as I am really confused as someone told me that lying is a serious offence and my convictions are not.



This is already covered in the thread - have you read it..?


----------



## 1927 (Feb 26, 2017)

not-bono-ever said:


> driving without insurance and on the phone are pretty fucking serious and arseholeish offences in anyones book


Not in the grand scheme of things they're not!


----------



## not-bono-ever (Feb 26, 2017)

well yes...maybe not being involved in genocide obvs


----------



## wiskey (Feb 27, 2017)

The Travel Press is Reporting the 'Trump Slump,' a Devastating Drop in Tourism to the United States | Frommer's

Thread might get quiet


----------



## Lucy black (Mar 6, 2017)

We are travelling to Orlando in April and my friend who is coming with us has a criminal record. In 2010 he was involved in a disturbance , police arrived, one of them was shoved while arrests were being made .. Long story short he was charged with police assault 
He did not go to jail nor did he get community service etc. He was given a £100 fine and sent on his way. 

My first question is, assault comes under mora turpitude does this include police assault?? 

I have already filled in the esta and clicked NO to the question about someone being seriously harmed - because nobody was! 

I am now panicking that this does not come under moral turpitude and we have filled the form in wrong! 

So if I've filled the form in wrong and should have infact clicked on YES, what do I now do??

my main worry is that this is somehow checked and when we get to the airport he will be refused entry. 
When you give your passport or finger print, does any information come up?? 

I'm worried sick and don't know what to do. 
If he was to be refused entry I would be stuck in America alone with three young children. 

Panicking now


----------



## TruXta (Mar 6, 2017)

As long as you've not admitted to anything you'll be fine, and the same goes for your friend.


----------



## Lucy black (Mar 6, 2017)

I don't have anything to admit to - I'm a good girl lol 

With regards to him we were unsure if we have filled the form out incorrectly 

The question is so wide spread it can be interpreted in many different ways. Their idea of serious may be different to someone else's 

Thankyou for your reply


----------



## harpo (Mar 6, 2017)

What TruXta says.  That is the conclusion of this long thread, with lots of examples.  Don't worry.


----------



## TruXta (Mar 6, 2017)

Lucy black said:


> I don't have anything to admit to - I'm a good girl lol
> 
> With regards to him we were unsure if we have filled the form out incorrectly
> 
> ...


Never admit to any wrongdoing.


----------



## Lucy black (Mar 6, 2017)

Thanks for the advice 

I'm sure it will be fine it's just the worry leading up to it , and yes i know it's his own fault for committing a crime in the first place


----------



## Manter (Mar 6, 2017)

As long as neither of you are Muslim, you'lol be fine


----------



## Lucy black (Mar 6, 2017)

So for people who do get stopped over there by border control or whoever , this isn't because they see their criminal record or details when they scan their passport or finger print??


----------



## TruXta (Mar 6, 2017)

Lucy black said:


> So for people who do get stopped over there by border control or whoever , this isn't because they see their criminal record or details when they scan their passport or finger print??


No, it's profiling based on... Fuck knows.


----------



## Lucy black (Mar 6, 2017)

Haha truxta I like your way with words 

What does 'it's profiling' mean?


----------



## TruXta (Mar 6, 2017)

Lucy black said:


> Haha truxta I like your way with words
> 
> What does 'it's profiling' mean?


They target certain visitors for extra checks using a set of secret but official criteria that vary from place to place and over time. If you're not white, middle class looking etc you'll be more likely to be asked more questions or taken into a holding place for more thorough questioning. If you have travelled certain places you might again be more likely to be checked out. Etc etc

In other words they have certain profiles of people they want to check out more closely.


----------



## Manter (Mar 6, 2017)

I was given the third degree because I had 'Arabic' visas in my passport 

(They were Tokyo Narita)


----------



## TruXta (Mar 6, 2017)

Manter said:


> I was given the third degree because I had 'Arabic' visas in my passport
> 
> (They were Tokyo Narita)


I have a good few of those and never had any issues getting in, it was when I was leaving I always got called for "random" checks


----------



## Lucy black (Mar 6, 2017)

Oh okay well we are just two adults and three kids going to Disney world so hopefully we don't fall in to any random Checks .. And worst case if we do, we will tell them he answered no to the question as although the charge is on record nobody was 'severely' harmed


----------



## TruXta (Mar 6, 2017)

Lucy black said:


> Oh okay well we are just two adults and three kids going to Disney world so hopefully we don't fall in to any random Checks .. And worst case if we do, we will tell them he answered no to the question as although the charge is on record nobody was 'severely' harmed


No, no. Nonononono. They will not have his criminal record to hand. Do not answer yes to any questions that might incriminate yourselves.


----------



## Lucy black (Mar 6, 2017)

Oh I mean if he was found out somehow ans asked why did you answer no on the form lol 
Initially we will be going to the desk and saying not a word!


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## not-bono-ever (Mar 6, 2017)

it is always acceptable to lie to US  immigration. never admit anything ever.there is no leeway with them, it is black and white.


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## Manter (Mar 6, 2017)

TruXta said:


> I have a good few of those and never had any issues getting in, it was when I was leaving I always got called for "random" checks


I was also asked if it was my first visit to the US when I had a residence visa and 4 pages of entry and exit stamps. I *really* hate their immigration.


----------



## Lucy black (Mar 6, 2017)

So can the us not see any info from the uk at all? Records, medical, travel details - Just out of curiosity


----------



## 1%er (Mar 6, 2017)

Lucy black said:


> So can the us not see any info from the uk at all? Records, medical, travel details - Just out of curiosity


They will have no record at all of his conviction, but you will be questioned as everyone gets asked something while they take your prints and check your papers, so try and forget about his conviction as if you are nervous they may well pick up on it. 

You should have nothing to worry about, be excited its just a family holiday.


----------



## Lucy black (Mar 6, 2017)

Thankyou 1%er this site has put my mind at rest .. For now lol


----------



## Lucy black (Mar 6, 2017)

Also - last question I promise 

When we done the esta forms his was done first as a single one 
I then done mine and the kids a couple of weeks later 

Does this matter?? 
Will this more likely be looked into if they think he's a single traveller


----------



## Fez909 (Mar 7, 2017)

Lucy black said:


> Also - last question I promise
> 
> When we done the esta forms his was done first as a single one
> I then done mine and the kids a couple of weeks later
> ...


The key thing to remember is that they_ can't _look into it, that's why you need to say no to everything.

If you even hint at any wrongdoing, they can refuse you entry. If you say no, they have no way of checking, unless it was a high profile case in the papers etc. And they're not about to start googling passengers names in case they have an undeclared crime that was high profile enough to be reported on.

Say no, answer all their questions, and have a great holiday


----------



## Lucy black (Mar 7, 2017)

Thankyou for your advice


----------



## Lucy black (Mar 7, 2017)

Fez909 said:


> The key thing to remember is that they_ can't _look into it, that's why you need to say no to everything.
> 
> If you even hint at any wrongdoing, they can refuse you entry. If you say no, they have no way of checking, unless it was a high profile case in the papers etc. And they're not about to start googling passengers names in case they have an undeclared crime that was high profile enough to be reported on.
> 
> Say no, answer all their questions, and have a great holiday



Thankyou very much .. In assuming it will be generic questions they ask?


----------



## Fez909 (Mar 7, 2017)

Lucy black said:


> Thankyou very much .. In assuming it will be generic questions they ask?


Yep, why you here? Are you planning to work, etc?

Nothing to worry about at all.


----------



## skyscraper101 (Mar 7, 2017)

I now have to enter with two passports because my B-1 visitor/business visa is in my old passport (which I replaced my L1 with from when I lived there).

I don't technically need one. I could get an ESTA, but with a visa, I don't need to get an ESTA, and lets me stay longer (6 Months), and it's valid for 10 years which means I don't have to replace every two years. A lot of UK business travellers have one for reasons of going in and out without hassle. I've used it many times. No issues. Although my last trip (post-Trump) invited a bizarre conversation with the border agent.

Also, I'm quite well versed with US border agents. I've never had any issues. Except this one guy...

'why do you have a visa?'
'because I travel in and out of the US a lot on business'
'but you don't need one'
'well...ok'
'are you staying in the US long'
'no I'm here for a week'
'so why do you need a visa'
'well I used to live and work here. I had an L1 visa. Now I don't, but I still come here a lot on business, so I replaced it with B1 Business/Visitor visa' (for reasons above)
'but you don't need one'
(ffs) 'ok....well I have one, so..??'
'so do you intend to stay here a long time'
'no I'm here for a week' (like I just said)
*silence* *confusion*
'but you don't need a visa'
(uhhhh...seriously what the fuck...trying not to rise to it) 'I don't know what you want me to say, is it a problem?'
*more silence...stamps passport...hands passport back*

Bizarre.


----------



## Kate jackson (Mar 7, 2017)

.


----------



## TruXta (Mar 7, 2017)

A: no
B: no


----------



## Kate jackson (Mar 7, 2017)

.


----------



## TruXta (Mar 7, 2017)

Kate jackson said:


> thanks but how do u guys no for sure they don't see information? is this post based on assumption or facts


Travel agents don't normally keep track of what you tell them, unless you're telling them you're going to do something stupid and dangerous. In which case they would maybe alert the authorities. And US immigration sure as shit does not have a database of allegations forwarded to them by said agents.


----------



## skyscraper101 (Mar 7, 2017)

If in doubt and really para. Fly through Shannon, or Dublin, and clear immigration before getting on the longhaul plane.


----------



## Kate jackson (Mar 7, 2017)

.


----------



## Kate jackson (Mar 7, 2017)

.


----------



## skyscraper101 (Mar 7, 2017)

Kate jackson said:


> Unfortunately travel is already booked . Had I known all this trouble with estas I would have looked at alternative routes



Don't worry. If you have a problem, you'd be the first case I've heard on this 47 page thread.


----------



## Kate jackson (Mar 7, 2017)

.


----------



## editor (Mar 7, 2017)

Kate jackson said:


> I'm
> More worried about travel agents noting what I said. I am kicking myself now Incase when we try and check in they see this or even worse they see it at the other side


I think it's highly unlikely they would have any inclination to include any notes that could put your trip in jeopardy. If nothing else, doing so would make you far less likely to book with them again.


----------



## Kate jackson (Mar 7, 2017)

.


----------



## editor (Mar 7, 2017)

Kate jackson said:


> she did, I asked if he was refused entry could someone else take his place and flight home and she wrote this in and added the answer was no as a name change couldn't get some after first part of travel
> I don't know who else gets to see this , or if they would be bothered as it doesn't state crimes etc ????


Assume supreme incompetence and a total lack of information sharing when it comes to all matters US border related. There's no guarantee that you won't be unlucky, but as far as I know, no one who has posted on this long, long thread in similar circumstances to you has ever been turned away.


----------



## Thimble Queen (Mar 7, 2017)

Is that your real name Kate jackson? You do know they are reading this thread, right?


----------



## editor (Mar 7, 2017)

Thimble Queen said:


> Is that your real name Kate jackson? You do know they are reading this thread, right?


I can't even imagine a world where the American authorities would manage such skills. Plus there's probably hundreds of 'Kate Jackson's' who come in every year.


----------



## 1%er (Mar 7, 2017)

skyscraper101 said:


> I now have to enter with two passports because my B-1 visitor/business visa is in my old passport (which I replaced my L1 with from when I lived there).
> 
> I don't technically need one. I could get an ESTA, but with a visa, I don't need to get an ESTA, and lets me stay longer (6 Months), and it's valid for 10 years which means I don't have to replace every two years. A lot of UK business travellers have one for reasons of going in and out without hassle. I've used it many times. No issues. Although my last trip (post-Trump) invited a bizarre conversation with the border agent.
> 
> ...


I've had similar, one time I was sent to secondary and it came up that I had 2 visa's, one in my UK passport and one in my Brazilian passport, they found it "unbelievable" that I wouldn't always use the same passport. I explained that I use my Brazilian passport for "official visits" because I usually travel with other Brazilians and my UK one when I travel for pleasure, I also explained that it could also depend on where I was traveling to when I left the USA, as which passport I used could make it easier to enter the country I would arrive in, that put them on tilt and I had to explain it all again to their supervisor. 

They were sure I was "up to something"


----------



## editor (Mar 7, 2017)

Thimble Queen said:


> Is that your real name Kate jackson? You do know they are reading this thread, right?


And now you've scared  her off!


----------



## Thimble Queen (Mar 7, 2017)

editor said:


> And now you've scared  her off!



It was just a little joke


----------



## Bahnhof Strasse (Mar 8, 2017)

Not entirely sure what Kate jackson's issue was, but travel agents do not routinely talk to the authorities about people who book flights. If they are going to the US or overflying US airspace the passenger's name and date of birth is supposed to be given to the US authorities at the time of booking, but incorrect information has no effect of people's travels at all.


----------



## 1%er (Mar 8, 2017)

Thimble Queen said:


> Is that your real name Kate jackson? You do know they are reading this thread, right?


You scared her away, she has deleted all her posts


----------



## Manter (Mar 8, 2017)

skyscraper101 said:


> I now have to enter with two passports because my B-1 visitor/business visa is in my old passport (which I replaced my L1 with from when I lived there).
> 
> I don't technically need one. I could get an ESTA, but with a visa, I don't need to get an ESTA, and lets me stay longer (6 Months), and it's valid for 10 years which means I don't have to replace every two years. A lot of UK business travellers have one for reasons of going in and out without hassle. I've used it many times. No issues. Although my last trip (post-Trump) invited a bizarre conversation with the border agent.
> 
> ...


I had a residence visa (of a sort that no longer exists that was supposed to make it easier to apply for a free card.) however I didn't apply for a free card, I moved back to Germany. This *blows* their minds. Because why would you have the right to live in the US and go back to Europe?!


----------



## skyscraper101 (Mar 8, 2017)

Manter said:


> I had a residence visa (of a sort that no longer exists that was supposed to make it easier to apply for a free card.) however I didn't apply for a free card, I moved back to Germany. This *blows* their minds. Because why would you have the right to live in the US and go back to Europe?!



Lol, I had a friend like that who moved to LA from London the same time as me. He was Bulgarian and had lived in London for years, had British citizenship, flat in London... But whereas I was starting to get tired of living there by the third year, and hinting at moving back to England, he was like... but why?? Why wouldn't you stay 5 years to get your green card?? And then be USA citizen?? Are you crazy??  

Maybe its an old Eastern Bloc mentality but he was OTT in his obsession with getting a green card.


----------



## 2hats (Mar 8, 2017)

Bahnhof Strasse said:


> overflying US airspace


I’m pretty sure cosmonauts and taikonauts don’t have to inform the US authorities in advance


----------



## Bahnhof Strasse (Mar 8, 2017)

2hats said:


> I’m pretty sure cosmonauts and taikonauts don’t have to inform the US authorities in advance



Tweeting it now, #orangetwat will deal with this threat to national security.


----------



## Mexas (Mar 12, 2017)

For those that have been to the US, what are the questions you get asked by CBP Officers at Immigration?

I'm going to Vegas sometime this year (already booked ha!), I'm curious whether I will get asked outright whether I have a criminal record or not.

I've been browsing this thread for a couple of years now, I'll definitely come back and post what experience I had was with US Immigration.


----------



## TruXta (Mar 12, 2017)

Mexas said:


> For those that have been to the US, what are the questions you get asked by CBP Officers at Immigration?
> 
> I'm going to Vegas sometime this year (already booked ha!), I'm curious whether I will get asked outright whether I have a criminal record or not.
> 
> I've been browsing this thread for a couple of years now, I'll definitely come back and post what experience I had was with US Immigration.


Top lurking. I can't remember being asked about a criminal record, I suppose it might happen. They generally ask where you're coming from, where you're going, what you plan to do, people to see etc. Nothing particularly threatening that I recall.


----------



## Cabin crew84 (Mar 14, 2017)

Hi there, I had an interview yesterday for a DS-160 visa in London as I'm to start a job in long-haul cabin crew. I was there all of 3 minutes and she refused my application. Apparently it was under section 214 act, which basically means I didn't prove myself to have strong enough ties to the UK and wasn't an immigrant threat! Even though I took an official letter with me to the embassy from my new employer stating I would be cabin crew, only lived in the same address all my life and only needed it for work purposes The thing is I do have drink driving on my record and that was only from oct last year, would that be the reason even though they said it was because they didn't feel I provided enough evidence to prove why I wanted a visa etc? Does anyone have any knowledge on this? TIA


----------



## Bahnhof Strasse (Mar 16, 2017)

Cabin crew84 said:


> Hi there, I had an interview yesterday for a DS-160 visa in London as I'm to start a job in long-haul cabin crew. I was there all of 3 minutes and she refused my application. Apparently it was under section 214 act, which basically means I didn't prove myself to have strong enough ties to the UK and wasn't an immigrant threat! Even though I took an official letter with me to the embassy from my new employer stating I would be cabin crew, only lived in the same address all my life and only needed it for work purposes The thing is I do have drink driving on my record and that was only from oct last year, would that be the reason even though they said it was because they didn't feel I provided enough evidence to prove why I wanted a visa etc? Does anyone have any knowledge on this? TIA



They wouldn't know about any drink driving conviction unless you told them about it, in which case yes, that would prevent you being granted a visa.

You have lived in the same house all of your life? Is that in the UK / are you British?


----------



## 1927 (Mar 16, 2017)

Bahnhof Strasse said:


> They wouldn't know about any drink driving conviction unless you told them about it, in which case yes, that would prevent you being granted a visa.
> 
> You have lived in the same house all of your life? Is that in the UK / are you British?


But if applying for a visa you'd have to get a printout of all criminal convictions so they would know.


----------



## Bahnhof Strasse (Mar 16, 2017)

1927 said:


> But if applying for a visa you'd have to get a printout of all criminal convictions so they would know.



What print out is that then?


----------



## nogojones (Mar 16, 2017)

Thimble Queen said:


> Is that your real name Kate jackson? You do know they are reading this thread, right?


----------



## nogojones (Mar 16, 2017)

Lucy black said:


> We are travelling to Orlando in April and my friend who is coming with us has a criminal record. In 2010 he was involved in a disturbance , police arrived, one of them was shoved while arrests were being made .. Long story short he was charged with police assault
> He did not go to jail nor did he get community service etc. He was given a £100 fine and sent on his way.
> 
> My first question is, assault comes under mora turpitude does this include police assault??
> ...


Pushing cops is like punching nazis. It's not moral turpitude. Just lie your arse off.


----------



## Cabin crew84 (Mar 18, 2017)

Bahnhof Strasse said:


> They wouldn't know about any drink driving conviction unless you told them about it, in which case yes, that would prevent you being granted a visa.
> 
> You have lived in the same house all of your life? Is that in the UK / are you British?



Hi thanks for your reply, yes always lived in the same address and yes I'm English. No but because it's for work I didn't want to risk lying to them, I got an ACRO report which I took with me, so they can see it's my only offence, I've read online unless you have multiple DD convictions they don't take it too seriously only more serious crimes?


----------



## Bahnhof Strasse (Mar 18, 2017)

British citizen born in the U.K. and lived here all your life, it won't be the lack of ties, it's the DUI I'm afraid. Not much you can do about that now though. Go for an airline that doesn't fly direct to the US, Emirates or such like?


----------



## 2hats (Mar 18, 2017)

Bahnhof Strasse said:


> Go for an airline that doesn't fly direct to the US, Emirates or such like?


Emirates currently fly direct to something like ten destinations in the US.


----------



## Bahnhof Strasse (Mar 18, 2017)

2hats said:


> Emirates currently fly direct to something like ten destinations in the US.



Not from the U.K. they don't, only Milan to New York for Europe-US with them.


----------



## 2hats (Mar 18, 2017)

Bahnhof Strasse said:


> Not from the U.K. they don't, only Milan to New York for Europe-US with them.


That’s correct. I didn’t state otherwise: they do fly direct to the US.


----------



## Bahnhof Strasse (Mar 18, 2017)

2hats said:


> That’s correct. I didn’t state otherwise: they do fly direct to the US.



I know that, all I meant was a carrier that doesn't fly direct from the UK to the US. Science, inn'it.


----------



## 1927 (Mar 18, 2017)

Bahnhof Strasse said:


> What print out is that then?


The ACRO.


----------



## skyscraper101 (Mar 18, 2017)

My wife was refused a tourist visa because she didn't have enough ties to the uk (even though she lived in London and was married to a Brit). Apparently being South American, with no kids or job is too sus


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## not-bono-ever (Mar 19, 2017)

Its always been the same with the US- probabaly worse now- you really need to load your visa application with as much filler as you can to show you have ties with your home country - mortgage, pets, ongoing university courses- anything to underline that you are not likely to jump ship once you arrive and start working illegally. An exception was The Irish, who  usually got an easy ride - but I can imagine that has tightened up significantly of late


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## Bahnhof Strasse (Mar 19, 2017)

1927 said:


> The ACRO.



Which you don't have to provide?


----------



## 1927 (Mar 19, 2017)

Bahnhof Strasse said:


> Which you don't have to provide?


You do if applying for a visa!


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## Cabin crew84 (Mar 19, 2017)

2hats said:


> That’s correct. I didn’t state otherwise: they do fly direct to the US.


Gutted, thank you for your advice


----------



## Cabin crew84 (Mar 20, 2017)

Bahnhof Strasse said:


> British citizen born in the U.K. and lived here all your life, it won't be the lack of ties, it's the DUI I'm afraid. Not much you can do about that now though. Go for an airline that doesn't fly direct to the US, Emirates or such like?


Thank you!


----------



## Cabin crew84 (Mar 23, 2017)

Hi people, so I went for another interview at the US embassy, London yesterday for a DS-160 C1/D visa for a cabin crew job (after going last week but getting refused under section 214, so thought I'd try again with more info) and I got refused again, this time the officer actually explained that I got refused because of my recent DUI conviction (November last year) and nothing to with not being able to show strong ties to U.K. as in Section 214. He suggested to possibly try again end of the year but he didn't seem positive I'd even get it then, just shrugged his shoulders! It's so frustrating, does anyone know how much time I should leave it before I stand a chance of being accepted? They are so vague and don't give you much help at all. I have read that other people have been accepted with a DUI so I don't understand how they judge it, unless it is all about time?


----------



## wiskey (Mar 23, 2017)

I would have thought that you should leave it long enough to prove that you aren't stupid enough to drink and drive again. How long that is is... Well how long is a piece of string. 

At least you know now.


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## Cabin crew84 (Mar 24, 2017)

wiskey said:


> I would have thought that you should leave it long enough to prove that you aren't stupid enough to drink and drive again. How long that is is... Well how long is a piece of string.
> 
> At least you know now.


Yes true.


----------



## not-bono-ever (Mar 28, 2017)

U.S. Travel Industry Fears a ‘Lost Decade’ Under Trump

Us travel industry not happy. wasn't sure where to post this, but is relevant to crim record issues  I suppose


----------



## Snockler (Apr 1, 2017)

Hi read through most of this string, my case is a little different than what I've read previously
i,ve been clean for 25 years, but had a spell over 1982-1992 where i committed 6 offences,

(3 x section 4 public order act using threatening words or behaviour with intent to cause violence) = fined
(1 X obstructing police)  = fined
(1 x theft of vehicle) = 3 months jail
(1 x driving with no authority to do so ) = fine

Mostly football arrests and a theft of a car, i am a totally different person now, but i guess we never see what harm we can do to our futures when were young.  

I see it as no drugs, no actual violence, so i don't fall into moral turpitude.

British, but grandparent from Yemen (i haven't got a foreign sounding name) 

Believe me i wouldn't go if i didn't have to but i have to travel because of work, due to the nature of my work i have been CRB checked in work 3 times over the years and have never been questioned by my company about my past, but i suspect the people involved in organising my trip an unaware of my past, which is a big company.
So these are the factors against me, reading the posts it seems a bit risky applying for a visa anyway what do you think about the ESTA 
I am torn between pulling a issue at home so that i don't have to go so i can avoid it altogether.


----------



## TruXta (Apr 1, 2017)

ESTA and keep quiet


----------



## Dinosaur (Apr 2, 2017)

I got back from the USA last week, for a 2 week business trip - I have a caution for a section 4 offence from 2005, I ticked no to the question asking if I'd ever been arrested or convicted of a serious offence, so it sort of feels like I'm telling the truth,,, but yeah - we all know it's a bit ambiguous, needless to say I got in and out without any issues at all. I got in and out without any problems at all.

I'd also researched some of the changes around the information sharing and PCSC (preventing and combatting serious crime) by looking through some of the FOI requests.

A few observations;

The US border authorities still don't have routine access to the PNC, ACRO or any of the criminal records databases
PCSC is designed to capture and distribute information relating to serious criminals in and around the EU who travel to the US, rather than UK citizens on the PNC
The new immigration fingerprinting system performs print checks against a separate home office immigration print database, not prints that are held on the PNC - this is so the US can detect criminals who've flown from somewhere within the EU, before getting to the UK and boarding a plane to the US - it's designed to fill gaps basically.

Unless you're a SERIOUS criminal, someone involved with terrorism, organised crime and have profile with the authorities (I'm sure you'd know if you were) rather than someone who got arrested for punching a bus shelter 20 years ago whilst drunk, I'm pretty sure you're good to just tick "no" on the ESTA

If anyone is unsure or worried, I highly recommend ringing the unlock helpline, as there are a bunch of people on there who are very knowledgeable and will give you a good and accurate answer, they have a lot of experience of dealing with this -

Contact theHelpline - theInfoHub by Unlock | for people with convictions and criminal recordstheInfoHub by Unlock | for people with convictions and criminal records


----------



## Reekydeeky (Apr 5, 2017)

Read through all of this thread and can't find the answer. Sorry if it's already been discussed . 
I have a Class A drug conviction for possession of ecstasy. I stupidly went the visa route and applied for DS-160.. Paid the fee. I have cancelled the interview and deleted the account. I applied for a ESTA after and it has been accepted.. 

I know the DS-160 will now be on file.. 
Will it flag up when i arrive in the states? 

Would it be a option to 'lose' my passport and get a new one and apply for a new ESTA or will the DS-160 still be on the new passport? 

Thanks!!


----------



## Bahnhof Strasse (Apr 7, 2017)

You'll be fine. 

Doubly fine if you do 'lose' your passport.


----------



## Travel bunny (Apr 12, 2017)

So I have been reading this long thread as I am going through a similar thing with my boyfriend, we want to go to Las Vegas next year and have started the visa process with the us embassy! (So wish I had read this before!) I would be interested to know if anyone on here has been stopped entering the US or did everyone get through??

It's too late now to stop as we attended the appointment yesterday and now awaiting further documents apco police certificate before they make the final decision! 

I'll be gutted if we can't go....


----------



## Bahnhof Strasse (Apr 18, 2017)

Travel bunny said:


> So I have been reading this long thread as I am going through a similar thing with my boyfriend, we want to go to Las Vegas next year and have started the visa process with the us embassy! (So wish I had read this before!) I would be interested to know if anyone on here has been stopped entering the US or did everyone get through??
> 
> It's too late now to stop as we attended the appointment yesterday and now awaiting further documents apco police certificate before they make the final decision!
> 
> I'll be gutted if we can't go....



Everyone got through, except those who didn't, but they can't reply as US prisons don't allow internet access.


----------



## 1927 (Apr 18, 2017)

Travel bunny said:


> So I have been reading this long thread as I am going through a similar thing with my boyfriend, we want to go to Las Vegas next year and have started the visa process with the us embassy! (So wish I had read this before!) I would be interested to know if anyone on here has been stopped entering the US or did everyone get through??
> 
> It's too late now to stop as we attended the appointment yesterday and now awaiting further documents apco police certificate before they make the final decision!
> 
> I'll be gutted if we can't go....


Once you've started pricess, if you have a record, you're fucked. Looks like the better rebook for margate!


----------



## 1927 (Apr 24, 2017)

Just had to apply for an ESTA for first time in years. Mine went through fine, but my 8 yr old sin's was rejected. Seems i typed yes to a question I should have said no to and missed it when j checked application.

I declared my son as a terrorist! Doh! 

Advice on internet and from official ESTA site is ambiguous, but I maybe able to reapply in 24hrs. Anyone had a similar experience? Atleast I've got 6 months before I travel so plenty of time to sort it out.


----------



## 2hats (Apr 24, 2017)

That almost sounds like this story…

'Terrorist' baby faces US embassy interview after error on visa form


> A three-month old baby was summoned to the US embassy in London for an interview after his grandfather mistakenly identified him as a terrorist.
> 
> “Baby Harvey was good as gold for the interview and never cried once. I thought about taking him along in an orange jumpsuit, but thought better of it,” said Kenyon. “They didn’t appear to have a sense of humour over it at all and couldn’t see the funny side. He’s obviously never engaged in genocide, or espionage, but he has sabotaged quite a few nappies in his time, though I didn’t tell them that at the US embassy.”
> 
> The mess-up cost Kenyon an extra £3,000 ($3,800), as the new visa didn’t arrive in time for the family’s flights.


----------



## 1927 (Apr 24, 2017)

2hats said:


> That almost sounds like this story…
> 
> 'Terrorist' baby faces US embassy interview after error on visa form


Thanks for cheering me up! not.


----------



## 2hats (Apr 24, 2017)

1927 said:


> Thanks for cheering me up! not.


According to the story they sorted it out and got a visa in the end, after a visit in person to the embassy.


----------



## 1927 (Apr 25, 2017)

2hats said:


> According to the story they sorted it out and got a visa in the end, after a visit in person to the embassy.


Seems that isn't necessary. Got email  back from US authorities asking for all son's details and seems they can fix it their end and I can reapply! No story in press required!


----------



## 1927 (Apr 25, 2017)

Son thinks it's hilarious tho!


----------



## 1927 (Apr 27, 2017)

All sorted. Received email last night today they had deleted application and removed any barrier on sons passport details and I can reapply!


----------



## 1927 (Apr 28, 2017)

Esta now approved for my international terrorist son!


----------



## Eve Gibson (Apr 30, 2017)

Can anyone give me a definitive answer to the below please
When you are fingerprinted at US border does it bring up your criminal record?  Plus does the API let them know if any records held?


----------



## trashpony (Apr 30, 2017)

Eve Gibson said:


> Can anyone give me a definitive answer to the below please
> When you are fingerprinted at US border does it bring up your criminal record?  Plus does the API let them know if any records held?


No.  Which you'd know if you'd bothered to read the thread


----------



## Eve Gibson (Apr 30, 2017)

trashpony said:


> No.  Which you'd know if you'd bothered to read the thread


I have read the thread but there is conflicting advice THATS WHY I Asked if anyone could give me a DEFINITIVE answer.  You are very abrupt with people, you don't know people's situations so don't be rude.


----------



## B.I.G (Apr 30, 2017)

Eve Gibson said:


> I have read the thread but there is conflicting advice THATS WHY I Asked if anyone could give me a DEFINITIVE answer.  You are very abrupt with people, you don't know people's situations so don't be rude.



They can definitely tell what you have done.


----------



## Eve Gibson (Apr 30, 2017)

B.I.G said:


> They can definitely tell what you have done.


So they 100% have access to the UK PNC?


----------



## B.I.G (Apr 30, 2017)

Eve Gibson said:


> So they 100% have access to the UK PNC?



Of course. 100 percent. With the rise of terrorism, Trump and May they put it all in place 100 days ago.


----------



## Eve Gibson (Apr 30, 2017)

So they put this in place on the day he assumed office?  Seems unlikely


----------



## B.I.G (Apr 30, 2017)

Eve Gibson said:


> So they put this in place on the day he assumed office?  Seems unlikely



In the USA they have a large period between election and taking office. But believe what you like.


----------



## Eve Gibson (Apr 30, 2017)

The general consensus is that unless you are on interpols wanted list it will be fine, however going to speak to a solicitor tomorrow who specialises in immigration


----------



## B.I.G (Apr 30, 2017)

Eve Gibson said:


> The general consensus is that unless you are on interpols wanted list it will be fine, however going to speak to a solicitor tomorrow who specialises in immigration



Waste of money. Just read the thread.


----------



## Eve Gibson (Apr 30, 2017)

I have and there is one saying they haven't then there are a few you included saying they do...so I need to get a correct answer as I'm taking my child to Florida next year and have a record for theft (all because of years of domestic violence) this will be the first holiday I haven't been beaten so want a definitive answer


----------



## B.I.G (Apr 30, 2017)

Eve Gibson said:


> I have and there is one saying they haven't then there are a few you included saying they do...so I need to get a correct answer as I'm taking my child to Florida next year and have a record for theft (all because of years of domestic violence) this will be the first holiday I haven't been beaten so want a definitive answer



They won't check.


----------



## trashpony (May 1, 2017)

Eve Gibson said:


> I have read the thread but there is conflicting advice THATS WHY I Asked if anyone could give me a DEFINITIVE answer.  You are very abrupt with people, you don't know people's situations so don't be rude.


No there isn't. There is not a single person on this thread who has a record and ticked no on the ESTA and was stopped at passport control. Not one. 

And it's pretty rude to sign up to a forum to ask the same question that has been asked hundreds of times before and been answered and then piss off again. 

Your situation is no different to anyone else's.


----------



## Eve Gibson (May 1, 2017)

You know I had 20 years of abuse and being spoken to just like you have to me.  I have lived in a women's refuge with my child and thought I would never have to be spoken to like shit again...how wrong.
You are the one who is full of shit!!!! You sign up to forums for advice you idiot, I wasn't rude in my question so go crawl under that rock you came out of.


----------



## trashpony (May 1, 2017)

I'm really sorry for what you've been through and glad you've been able to get out and forge a new life for yourself and your child. 

I don't think I was being abusive or speaking to you like shit and I'm sorry I've upset you. I'm a single mum actually and have just been a member here for many years and I get really fed up of being asked the same question over and over again. 

This is a community. We support one another, we help one another out. But as in any community, it's considered really rude to barge in demanding answers and getting really angry and shouting at people. 

As I said, tick no and have a nice holiday. It sounds like you deserve it.


----------



## nogojones (May 1, 2017)

1927 said:


> Esta now approved for my international terrorist son!


And when he lands they'll whisk him off to Guantanamo


----------



## Eve Gibson (May 2, 2017)

trashpony said:


> I'm really sorry for what you've been through and glad you've been able to get out and forge a new life for yourself and your child.
> 
> I don't think I was being abusive or speaking to you like shit and I'm sorry I've upset you. I'm a single mum actually and have just been a member here for many years and I get really fed up of being asked the same question over and over again.
> 
> ...


Thank you for the apology. It has been hard and this will be our first holiday that I haven't been beaten so I want it to be perfect, my son deserves a fantastic time.  It's taking all my money to save so I wanted some definite answers, I didn't feel I was being rude and barging in, I joined this particular forum to get some answers, I only retaliated when you were 'sharp' with me and I wasn't shouting at anyone, I get frightened when people are abrupt with me.
As for the answers I appreciate them but then I've just had another message saying about them whisking me off to Guantanamo!!!!
I know I'm asking the same question but my anxiety is so bad and just want some reassurance


----------



## Eve Gibson (May 2, 2017)

Eve Gibson said:


> Thank you for the apology. It has been hard and this will be our first holiday that I haven't been beaten so I want it to be perfect, my son deserves a fantastic time.  It's taking all my money to save so I wanted some definite answers, I didn't feel I was being rude and barging in, I joined this particular forum to get some answers, I only retaliated when you were 'sharp' with me and I wasn't shouting at anyone, I get frightened when people are abrupt with me.
> As for the answers I appreciate them but then I've just had another message saying about them whisking me off to Guantanamo!!!!
> I know I'm asking the same question but my anxiety is so bad and just want some reassurance


Don't think the Guantanamo was focused on me


----------



## 1927 (May 2, 2017)

Eve Gibson said:


> The general consensus is that unless you are on interpols wanted list it will be fine, however going to speak to a solicitor tomorrow who specialises in immigration


The solicitor is going to tell you to be honest and apply for a visa. As soon as you do that the US authorities will know you have convictions, but a solicitor cannot advice you to lie! Up to you!


----------



## trashpony (May 2, 2017)

Ignore the Guantanamo comment - there's a lot of people on a wind up here. 

1927 is right - your solicitor cannot advise you to lie. But the US authorities do not have access to British police records, honestly. If you have read the thread, you will know that I have a drug conviction and have been to the US lots and lots of times, most recently with my son and since finger printing was introduced. 

Please tick no, don't worry and have a lovely holiday.


----------



## Eve Gibson (May 2, 2017)

trashpony said:


> Ignore the Guantanamo comment - there's a lot of people on a wind up here.
> 
> 1927 is right - your solicitor cannot advise you to lie. But the US authorities do not have access to British police records, honestly. If you have read the thread, you will know that I have a drug conviction and have been to the US lots and lots of times, most recently with my son and since finger printing was introduced.
> 
> Please tick no, don't worry and have a lovely holiday.


Thank you, I'm just going to go and keep everything crossed, it is the fingerprints system that has me chewed to bits.  Im still trying to come to terms with getting an 8 months suspended sentence (all because of my ex) I paid back every penny of what I took even though it was to pay my exs bills, I really just wanted to go to prison then I was out of his reach but the police, judge and everyone helped me.  I'm still really ashamed.  Thank you Trashpony for putting my mind at rest.  We got off to bad start but thank you


----------



## Eve Gibson (May 2, 2017)

Eve Gibson said:


> Thank you, I'm just going to go and keep everything crossed, it is the fingerprints system that has me chewed to bits.  Im still trying to come to terms with getting an 8 months suspended sentence (all because of my ex) I paid back every penny of what I took even though it was to pay my exs bills, I really just wanted to go to prison then I was out of his reach but the police, judge and everyone helped me.  I'm still really ashamed.  Thank you Trashpony for putting my mind at rest.  We got off to bad start but thank you


My conviction was 2 years ago and sentence gone


----------



## 1927 (May 2, 2017)

Eve Gibson said:


> My conviction was 2 years ago and sentence gone


In the eyes of the US authorities aconviction is NEVER spent, but unless you tell them they won't know. 

Apply online for anESTA, make sure you tick NO To every question and I'm sure everything will be ok.


----------



## trashpony (May 2, 2017)

Sorry I snapped


----------



## joustmaster (May 2, 2017)

Eve Gibson said:


> My conviction was 2 years ago and sentence gone


Is Eve Gibson you're real name? - It's a bit silly to post a load of questions about lying to the Americans, if so...


----------



## 1927 (May 2, 2017)

joustmaster said:


> Is Eve Gibson you're real name? - It's a bit silly to post a load of questions about lying to the Americans, if so...


I thought that yesterday!


----------



## keybored (May 2, 2017)

If ever a thread anywhere online needed some sort of Sticky/FAQ at the top of every page, this is the one.


----------



## Eve Gibson (May 2, 2017)

joustmaster said:


> Is Eve Gibson you're real name? - It's a bit silly to post a load of questions about lying to the Americans, if so...


No it's not


----------



## ruffneck23 (May 2, 2017)

I agree with trashpony and 1927  , I have also got a little spent drugs conviction , I clicked no to everything on the ESTA got in no problem at all , enjoy your holiday


----------



## Dan U (May 2, 2017)

i've booked for NY later in the year, is it worth doing my ESTA now then?

I have 2 cautions from my teenage years - early 90s - and I have had several enhanced DBS/CRB's over the years and they never come up so will ignore those.

from reading the thread sounds like my Australian wife might be more of the issue, despite her having perm residency here, 2 kids etc.


----------



## ruffneck23 (May 2, 2017)

ESTAs last 2 years from acceptance date , so why not? at least you'll know well in advance if you have to apply for a visa


----------



## Dan U (May 2, 2017)

ruffneck23 said:


> ESTAs last 2 years from acceptance date , so why not? at least you'll know well in advance if you have to apply for a visa



will get on it ASAP.

it's something i always forget as well, had to apply for an Aussie one once while my flight was boarding in Singapore as I forgot to get one. Made it on the plane, just.


----------



## nlp1992 (May 3, 2017)

Hi 

Just looking for a bit of advice regarding ESTA or applying for a visa.

I took my 3 children to orlando last year all on esta as no criminal record, and were going back september, and have booked to go for a month in november next year and would really like for my partner to join us when we go next november  well would be december for him as he would only be coming for a week due to work commitments so will come for the last week to do the cruise and few days at disney.

He has a criminal record and has spent time in prison a few times, nothing major, well it is major but hes never killed anyone, once was for drugs and other was for making copies of dvds and selling them and another for fighting, his last time spent in jail was only about 2 and half years ago, which was for serious assault (he was jumped and somehow got done with it) he isnt a bad guy even though from this it doesnt look like hes a nice guy, but we know if we apply for a visa hes getting rejected, so have now considered applying for a ESTA and saying no to everything, hes worried that coming through immigration they will question him more ect because he will be alone, as we will already be there, will they turn him away because hes alone, or because hes alone would they look into his record or anything?  

I know some would say that if hes got a criminal record he shouldnt be going ect but hes not a bad guy hes took the wrong choices in his past and has done the time and would love to go as a family even if its just a week together.

Any advice would be greatly appreciated.

Thanks.


----------



## 1927 (May 3, 2017)

Read the fucking thread!


----------



## joustmaster (May 3, 2017)

nlp1992 said:


> Hi
> 
> Just looking for a bit of advice regarding ESTA or applying for a visa.
> 
> ...



Come on. Read just the last two pages.

In short. They will only know what you tell them.


----------



## nlp1992 (May 3, 2017)

1927 said:


> Read the fucking thread!


wow seriously no need to be a wanker about it!


joustmaster said:


> Come on. Read just the last two pages.
> 
> In short. They will only know what you tell them.


thats all you had to say.....bellend


----------



## joustmaster (May 3, 2017)

nlp1992 said:


> wow seriously no need to be a wanker about it!
> 
> thats all you had to say.....bellend


I gave you the fucking answer you asked for.


----------



## nlp1992 (May 3, 2017)

joustmaster said:


> I gave you the fucking answer you asked for.


yes sorry i was meaning him above, was suppose to tag him in it, but thank you, fuck this forums a bit mental no wonder everyone has a criminal record


----------



## 1927 (May 3, 2017)

nlp1992 said:


> yes sorry i was meaning him above, was suppose to tag him in it, but thank you, fuck this forums a bit mental no wonder everyone has a criminal record


Or goes out with one!


----------



## trashpony (May 3, 2017)

I think your children deserve a better bloke as your partner. He sounds like a total shit


----------



## 1927 (May 3, 2017)

trashpony said:


> I think your children deserve a better bloke as your partner. He sounds like a total shit


He's not a bad bloke tho!!!!


----------



## Carter (May 3, 2017)

Right guys, I have trawled though every page of this forum and have found it to be very informative.

As per all the great advice in here, I have ticked No on every box in the ESTA application and it got accepted with no problems.

My question is one I don't think i've seen, my mistake if somebody else has posted it. Im aware that the TSA perform a sort of mini interview on you upon entry to the US, and my worry is that the anxiety of knowing that i've lied will cause me to look shifty and therefore make them suspect me.

Does anybody have any idea what kind of questions I can expect? Or what the general procedure would be? Im hoping to just calm my nerves slightly before my flight in 2 weeks.


----------



## uk benzo (May 4, 2017)

Carter said:


> Right guys, I have trawled though every page of this forum and have found it to be very informative.
> 
> As per all the great advice in here, I have ticked No on every box in the ESTA application and it got accepted with no problems.
> 
> ...



This is a sweeping generalisation, but if you are not white Anglo Saxon or have stamps in your passport from countries the US does not like, then they will probably ask you probing questions. Otherwise they will just ask you where are you staying and for how long.


----------



## editor (May 4, 2017)

Carter said:


> Right guys, I have trawled though every page of this forum and have found it to be very informative.
> 
> As per all the great advice in here, I have ticked No on every box in the ESTA application and it got accepted with no problems.
> 
> ...


I was visiting NY a lot a while ago and had a couple of mini interviews. Their may concern is whether you intend to work in the country. So long as you have an address you're staying at and a return flight you really should be completely fine.


----------



## wiskey (May 4, 2017)

Carter said:


> My question is one I don't think i've seen, my mistake if somebody else has posted it. Im aware that the TSA perform a sort of mini interview on you upon entry to the US, and my worry is that the anxiety of knowing that i've lied will cause me to look shifty and therefore make them suspect me.
> 
> Does anybody have any idea what kind of questions I can expect? Or what the general procedure would be? Im hoping to just calm my nerves slightly before my flight in 2 weeks.


That's nice, you read the thread,  ticked the right boxes on the esta and _then_ asked a question. 

My advice would be to remember that you will just have been travelling all day including a long haul flight, everyone looks a bit shifty when they just want to get the hell away from airportland,they will only ask you things you know the answer to - name, place you are staying, duration of trip etc - it will be fine.


----------



## Bahnhof Strasse (May 5, 2017)

I always arrive pissed (business or first class flying, dharling!) and so present a bit of a mess to immigration. But as uk benzo mentioned, I am white, middle-aged etc. so not really on their radar anyway. Why are you coming to the US, where are you staying, for how long, have you got funds are the questions they'll ask.

To the first question I answer, Travel Agent and for the past four or five trips have not been asked any further questions at all!


----------



## 1927 (May 5, 2017)

wiskey said:


> That's nice, you read the thread,  ticked the right boxes on the esta and _then_ asked a question.



How refreshing!


----------



## Manter (May 5, 2017)

Eve Gibson said:


> I have read the thread but there is conflicting advice THATS WHY I Asked if anyone could give me a DEFINITIVE answer.  You are very abrupt with people, you don't know people's situations so don't be rude.


You might want to avoid pulling that attitude at the US border.


----------



## Manter (May 5, 2017)

trashpony said:


> I'm really sorry for what you've been through and glad you've been able to get out and forge a new life for yourself and your child.
> 
> I don't think I was being abusive or speaking to you like shit and I'm sorry I've upset you. I'm a single mum actually and have just been a member here for many years and I get really fed up of being asked the same question over and over again.
> 
> ...


I think that was beyond kind of you to post. Shouty & rude is shouty & rude whether you've had a shit day, year or life


----------



## Manter (May 5, 2017)

Carter said:


> Right guys, I have trawled though every page of this forum and have found it to be very informative.
> 
> As per all the great advice in here, I have ticked No on every box in the ESTA application and it got accepted with no problems.
> 
> ...


They ask some combination of what is the purpose of your visit, where are you staying, how long are you staying, have you been here before. Their attitude is nice and surly (joy) and then they end with 'have a nice stay'. It's slightly odd.

Occasionally they'll throw in a completely left field question, but very rarely. And they are usually things like when did you go to <<country you have a visa stamp from>> which is really annoying as there is a date on the stamp. Just don't be a smart ass about it and you will be absolutely fine. Remember they are mostly bored asking you to look here and put your hand there


----------



## Bahnhof Strasse (May 5, 2017)

Manter said:


> You might want to avoid pulling that attitude at the US border.



Can you imagine it at JFK immigration? 


(When I was 13 was on my own in New York and asked a policeman the time, he kindly replied, "Get a fuckin' watch."


----------



## Manter (May 5, 2017)

Bahnhof Strasse said:


> Can you imagine it at JFK immigration?
> 
> 
> (When I was 13 was on my own in New York and asked a policeman the time, he kindly replied, "Get a fuckin' watch."


Hahaha You could sell tickets. 

I can actually hear the intonation.... I remember moving out there and being told the NYPD 'are not the sort of police you ask directions'


----------



## Purple unicorn (May 8, 2017)

Hello everyone I have read through this thread and others related numerous of times I haven't come across a scenario like mine so here it goes....... I went on holiday to Spain about 4 years ago while I had a warrant out for my arrest in the UK going everything was fine when I got back the police was waiting for me by border control and had a photocopy of my passport as it's digital I see how this is possible anyway so I was arrested and had to go to court I was told it was classed as spent don't really know what that means and on top of that I have a caution for weed and a caution for assault. I want to go to New York next year but I'm so scared  that something will show up on my passport. Please help! Thanks in advance ☺


----------



## Supine (May 8, 2017)

Smuggle yourself in and get an even bigger criminal record by ending up in US clink.


----------



## bi0boy (May 8, 2017)

Purple unicorn said:


> Hello everyone I have read through this thread and others related numerous of times I haven't come across a scenario like mine so here it goes....... I went on holiday to Spain about 4 years ago while I had a warrant out for my arrest in the UK going everything was fine when I got back the police was waiting for me by border control and had a photocopy of my passport as it's digital I see how this is possible anyway so I was arrested and had to go to court I was told it was classed as spent don't really know what that means and on top of that I have a caution for weed and a caution for assault. I want to go to New York next year but I'm so scared  that something will show up on my passport. Please help! Thanks in advance ☺



Do you have a warrant out for your arrest in the US?


----------



## wiskey (May 8, 2017)

Purple unicorn said:


> Hello everyone I have read through this thread and others related numerous of times I haven't come across a scenario like mine so here it goes.......



yes you have, it's exactly the same as everyone elses. You have failed the moral turpitude test by having drugs and fighting on your record. 

You either lie on the ESTA and go for it or tell the truth, go down the visa route and get rejected.


----------



## Purple unicorn (May 8, 2017)

bi0boy said:


> Do you have a warrant out for your arrest in the US?


No I'm just worried they have put some kind of marker on my passport


----------



## Purple unicorn (May 8, 2017)

wiskey said:


> yes you have, it's exactly the same as everyone elses. You have failed the moral turpitude test by having drugs and fighting on your record.
> 
> You either lie on the ESTA and go for it or tell the truth, go down the visa route and get rejected.


OK thankyou for your response, I'm not being a smart arse just asking. So if you have a criminal record you will get denied a visa fullstop?


----------



## Purple unicorn (May 8, 2017)

Supine said:


> Smuggle yourself in and get an even bigger criminal record by ending up in US clink.


Very helpful


----------



## 1927 (May 8, 2017)

Purple unicorn said:


> OK thankyou for your response, I'm not being a smart arse just asking. So if you have a criminal record you will get denied a visa fullstop?


Pretty much.


----------



## 1927 (May 8, 2017)

Am I the only person who feels uneasy about the number of people who make their first post on this thread. And never post again? 

Call me paranoid, but as this thread pops up when you google the right terms is it not possible that US authorities are monitoring the thread? Just a thought!

I'm not up with technology, but can they trace IP addresses from posts, or compel Ed to give them up? 

Just thinking out loud.

Not that I have to worry. But some users may.


----------



## wiskey (May 8, 2017)

what for  

do they actually care that much about X who had a fight outside the Black Lion 3 years ago ?? 

People don't come back because they cba to, everything went fine, they got their holiday, they forget about here.


----------



## Supine (May 8, 2017)

wiskey said:


> People don't come back because they cba to, everything went fine, they got their holiday, they forget about here.



Or because there is a prison full of them somewhere...


----------



## pogofish (May 9, 2017)

Supine said:


> Or because there is a prison full of them somewhere...



Then the server fund should be benefitting from a nice fat referral fee!


----------



## editor (May 9, 2017)

pogofish said:


> Then the server fund should be benefitting from a nice fat referral fee!


$100 per perp.


----------



## Reekydeeky (May 10, 2017)

Anyone know what info the automated passport control (APC) knows? I have travelled to the states before but haven't used the APC.. 

Is it safer to wait and go with border security or is APC ok?


----------



## lachta (May 17, 2017)

Purple unicorn said:


> Very helpful


Just back from USA trip.  Glad I found this thread before traveling.  I have 8 convictions. 2 prison sentences.  '
Now 'clean'. Ticked 'no' to ESTA questions.  No problem getting in. My advice, go for it.


----------



## 1%er (May 17, 2017)

Reekydeeky said:


> Anyone know what info the automated passport control (APC) knows? I have travelled to the states before but haven't used the APC..
> 
> Is it safer to wait and go with border security or is APC ok?


It just has the details held by US immigration.

You scan your passport, have your photo taken and answer some question on an touch screen. The questions are related to your personal details and your flight information. You will then get a printout from the machine and go and speak to a boarder control officer and off you go.

It is there to make life easier for people who frequently travel to the USA, I always use it and have never had a problem.


----------



## DRUMNBASS180 (May 17, 2017)

Hi guys, 
Firstly thank you all for your info.  Secondly I have 2 x possession (1x class b cannabis. 1x class c diazepam- took the wrap for my mrs)
1x supply (class b,cannabis)
From 6/7 years ago.
Was going to apply for a visa but after reading this thread I'm going to click no and crack on.  The only reply I would need is if anyone thinks I'm making a mistake.  

Thanks again.


----------



## kk123 (May 19, 2017)

Hi guys, if applying for a student visa to the US, if I say I have no previous arrest/convictions on the online application, will I still be required to present an ACRO regardless, and are they likely to want to look into my criminal history as it is not a holiday(I'm sorry if this type of question has been answered, however I've gone through at least 10 pages on the thread and its mainly holiday travel)


----------



## joustmaster (May 20, 2017)

kk123 said:


> Hi guys, if applying for a student visa to the US, if I say I have no previous arrest/convictions on the online application, will I still be required to present an ACRO regardless, and are they likely to want to look into my criminal history as it is not a holiday(I'm sorry if this type of question has been answered, however I've gone through at least 10 pages on the thread and its mainly holiday travel)


I've no idea.
But I'm keen to find out which crimes you commited.


----------



## kk123 (May 20, 2017)

joustmaster said:


> I've no idea.
> But I'm keen to find out which crimes you commited.


Theft and fighting over 10 years ago


----------



## Mexas (May 20, 2017)

So after 2 years of sweating about it, I visited Vegas  I have a caution for Affray so i think i answered correctly on the ESTA (no to everything).

CPB asked me 3 questions: where i was staying, how much i had and who i was visiting with. That's it, he stamped my passport and i was on my way...


----------



## wiskey (May 20, 2017)




----------



## theaccountant (May 27, 2017)

Hi all

After booking a holiday and not knowing about this whole ESTA business I have been following this thread almost every day for 9 months. 

It definitely gave me the reassurance I needed and yesterday I arrived in New York! 

I have the say CPB are terrifying. Well the woman we had was anyway. Very stern and scary. Didn't ask us a single question, just stamped and sent us through. Not at all welcoming! I suppose they have a job to do but was a shock, iv only ever been to Europe in the past so totally different. They can't see anything, there are clearly no shared records - though I'm sure there will be one day!!


----------



## Froderick (Jun 5, 2017)

Has anybody else been flying on a VWP without declaring thier convictions, then applied for a VISA, failed, and then tried to fly again back on the VWP? I had no idea I wasnt meant to be flying on the VWP and like an idiot applied for a visa where they told me Im not allowed to. So now I failed my visa application, im wondering if ill get collard since the UK US embassy know all about my record now....


----------



## trashpony (Jun 6, 2017)

Froderick said:


> Has anybody else been flying on a VWP without declaring thier convictions, then applied for a VISA, failed, and then tried to fly again back on the VWP? I had no idea I wasnt meant to be flying on the VWP and like an idiot applied for a visa where they told me Im not allowed to. So now I failed my visa application, im wondering if ill get collard since the UK US embassy know all about my record now....


Nope, think you're fucked


----------



## 1927 (Jun 6, 2017)

trashpony said:


> Nope, think you're fucked


I concur!


----------



## 1927 (Jun 6, 2017)

Froderick said:


> Has anybody else been flying on a VWP without declaring thier convictions, then applied for a VISA, failed, and then tried to fly again back on the VWP? I had no idea I wasnt meant to be flying on the VWP and like an idiot applied for a visa where they told me Im not allowed to. So now I failed my visa application, im wondering if ill get collard since the UK US embassy know all about my record now....


Who told you that you shouldn't be using the VWP? What are your convictions for?


----------



## Froderick (Jun 6, 2017)

1927 said:


> Who told you that you shouldn't be using the VWP? What are your convictions for?


I was arrested and charged with a type of assault in my extreme youth over 10yrs ago. I wasnt given a custodial sentence and I completely forgot about it, no idea it was important as it was ridiculous. When I applied for the VISA the first person I spoke to at the little plastic window said I shouldnt be flying on the VWP with my record. The person who interviewed me asked me "how do you find travelling with your record?" I Was told i'd failed getting the visa due to "ties in the Uk". I asked if I could apply again and what I could do to stand a better chance - they told me I could apply whenever I was ready and gave suggestions for what would help my chances. Didnt say anything about my current travelling status or my record. I was given a print out with the reasoning behind the decision & things to help me & none of it at all relates to my record.


----------



## trashpony (Jun 6, 2017)

Froderick said:


> I was arrested and charged with a type of assault in my extreme youth over 10yrs ago. I wasnt given a custodial sentence and I completely forgot about it, no idea it was important as it was ridiculous. When I applied for the VISA the first person I spoke to at the little plastic window said I shouldnt be flying on the VWP with my record. The person who interviewed me asked me "how do you find travelling with your record?" I Was told i'd failed getting the visa due to "ties in the Uk". I asked if I could apply again and what I could do to stand a better chance - they told me I could apply whenever I was ready and gave suggestions for what would help my chances. Didnt say anything about my current travelling status or my record. I was given a print out with the reasoning behind the decision & things to help me & none of it at all relates to my record.


Why did you apply for a Visa and not just continue to travel on your ESTA?


----------



## Froderick (Jun 6, 2017)

trashpony said:


> Why did you apply for a Visa and not just continue to travel on your ESTA?


wanted to visit for longer.


----------



## trashpony (Jun 6, 2017)

Froderick said:


> wanted to visit for longer.


Ah right - bummer 

I don't think they'll let you in if they turned down your visa application. All you can do is put their suggestions into action and reapply I guess.


----------



## 1927 (Jun 6, 2017)

Froderick said:


> I was arrested and charged with a type of assault in my extreme youth over 10yrs ago. I wasnt given a custodial sentence and I completely forgot about it, no idea it was important as it was ridiculous. When I applied for the VISA the first person I spoke to at the little plastic window said I shouldnt be flying on the VWP with my record. The person who interviewed me asked me "how do you find travelling with your record?" I Was told i'd failed getting the visa due to "ties in the Uk". I asked if I could apply again and what I could do to stand a better chance - they told me I could apply whenever I was ready and gave suggestions for what would help my chances. Didnt say anything about my current travelling status or my record. I was given a print out with the reasoning behind the decision & things to help me & none of it at all relates to my record.


What sort of things did they recommend you did to get in in future as a matter of interest?


----------



## nogojones (Jun 6, 2017)

1927 said:


> What sort of things did they recommend you did to get in in future as a matter of interest?


----------



## Invictus-0x90 (Jun 12, 2017)

Hey guys,
I've read a fair bit on this thread but I (like many others) still feel like I have unanswered questions.

Basically I got charged with abh a couple of years ago, I honestly don't think it comes under moral terpitude and I only got the equivalent of community service.

I panicked and filled out the ds106 and then the other one to book an appointment to London. I then read up on us immigration laws and realised that I genuinely don't think I need a visa and can travel under esta.

I cancelled the appointment, but my main concern is that I submitted the ds106, is this gunna fuck me? 

The main reasons I feel like I can use esta is, the maximum sentence for my convinction is less than 12 months, and the offence did not cause serious harm to the person, it was literally one punch.


----------



## Indnev87 (Jun 14, 2017)

Hi guys. I know this has been done to death and I have honestly searched all over the internet and this forum seems to have the most people who are willing to help.
Ok,so I have a holiday booked to Disneyland Florida for next September with my partner and daughters. I ticked no to criminal records on both mine and my partners estas,when in fact we do have records.Him- assault and drink driving.Me- shoplifting,criminal damage,possession of a class A drug and assault (please don't judge) none of these are recent.Anyway,after trawling the internet looking for an answer as to what might happen when we arrive at customs,I have made myself so ill with worry in the process,and we don't go for another 14 months  I know that in reality we needed to apply for a proper visa so please don't say this as I already know and I know that I won't be granted it if we were to go to the embassy.So my question is,what do they actually know? It's crazy how I've read and heard so many conflicting stories. I know my own father got sent back years ago as he had done jail time for drug dealing and not declared it,however we don't speak so I can't ask him the details.So if we don't share records with the US how would they of known his record as well as many other stories I have heard about people being sent back? In equal measures I have heard stories of people who have records and have breezed past customs,with not even a second glance from them. What shows up from your passport and when they fingerprint? Please can someone shed some light and possibly reassure me if possible because I'm driving myself crazy with worry. Is it  just a lottery??  I'd just feel so sorry for my kids if we got sent home as well as the amount of money we would lose.Thankyou all in advance x


----------



## bi0boy (Jun 14, 2017)

Indnev87 said:


> Hi guys. I know this has been done to death and I have honestly searched all over the internet and this forum seems to have the most people who are willing to help.
> Ok,so I have a holiday booked to Disneyland Florida for next September with my partner and daughters. I ticked no to criminal records on both mine and my partners estas,when in fact we do have records.Him- assault and drink driving.Me- shoplifting,criminal damage,possession of a class A drug and assault (please don't judge) none of these are recent.Anyway,after trawling the internet looking for an answer as to what might happen when we arrive at customs,I have made myself so ill with worry in the process,and we don't go for another 14 months  I know that in reality we needed to apply for a proper visa so please don't say this as I already know and I know that I won't be granted it if we were to go to the embassy.So my question is,what do they actually know? It's crazy how I've read and heard so many conflicting stories. I know my own father got sent back years ago as he had done jail time for drug dealing and not declared it,however we don't speak so I can't ask him the details.So if we don't share records with the US how would they of known his record as well as many other stories I have heard about people being sent back? In equal measures I have heard stories of people who have records and have breezed past customs,with not even a second glance from them. What shows up from your passport and when they fingerprint? Please can someone shed some light and possibly reassure me if possible because I'm driving myself crazy with worry. Is it  just a lottery??  I'd just feel so sorry for my kids if we got sent home as well as the amount of money we would lose.Thankyou all in advance x



What did you find out when you read the thread?


----------



## 1927 (Jun 14, 2017)

bi0boy said:


> What did you find out when you read the thread?


LOL.


----------



## Indnev87 (Jun 14, 2017)

bi0boy said:


> What did you find out when you read the thread?[/QUOTE
> Well I find conflicting answers (mainly that they don't know) but seeing as I actually know someone personally who got deported I'm looking at what people think of this? If they don't know as some say then how did they know about this person? I'd love to believe there is no way they could know unless you tell them but there are people who get caught!


----------



## Indnev87 (Jun 14, 2017)

Well I find conflicting answers (mainly that they don't know) but seeing as I actually know someone personally who got deported I'm looking at what people think of this? If they don't know as some say then how did they know about this person? I'd love to believe there is no way they could know unless you tell them but there are people who get caught![/QUOTE]


----------



## not-bono-ever (Jun 15, 2017)

was he denied entry or deported whilst in the US? one anecdote does not make a summer etc - you need to speak to him


if you are a Brit, have record and are not on any international watch list, entry should not be an issue
 

if you try to play the game and reveal you have any kind of record or act twattishly when you arrive, the reduce your chances of entry massively
 
anything else is mostly speculation, as has been reiterated many times in this thread


----------



## nogojones (Jun 15, 2017)

How big a drug dealer was your Dad? Would he have come to the attention of the DEA at some time? Did he maybe start off applying for a visa, fuck it up and then try the ESTA route?

Unless you know the full background behind him being refused, then you'll just be guessing


----------



## Indnev87 (Jun 15, 2017)

not-bono-ever said:


> was he denied entry or deported whilst in the US? one anecdote does not make a summer etc - you need to speak to him
> 
> 
> if you are a Brit, have record and are not on any international watch list, entry should not be an issue
> ...


Thankyou for the reply. Unfortunately we don't speak now so I wouldnt know the exact details of what happened. All I know is he got to border control and was sent back the same day. I can only assume he was acting suspicious and then they delved into his records. Thanks again.


----------



## Indnev87 (Jun 15, 2017)

nogojones said:


> How big a drug dealer was your Dad? Would he have come to the attention of the DEA at some time? Did he maybe start off applying for a visa, fuck it up and then try the ESTA route?
> 
> Unless you know the full background behind him being refused, then you'll just be guessing


o and thatnitu


nogojones said:


> How big a drug dealer was your Dad? Would he have come to the attention of the DEA at some time? Did he maybe start off applying for a visa, fuck it up and then try the ESTA route?
> 
> Unless you know the full background behind him being refused, then you'll just be guessing


Hi and Thankyou for your reply. Unfortunately we don't speak now so I don't know specific details only he was taking my step bro and sis to Florida with his new wife and he was sent back the same day. It's possible he could of come to the attention of official as he had been to prison a number of times for drug dealing or it's possible he was acting a dick (Most probably) and caught the attention of them. So me and my partner SHOULD be absolutley fine you think?


----------



## nogojones (Jun 15, 2017)

Just do the ESTA. Don't think about visa's and don't admit to anything.

Do you feel your crimes were REALLY bad? 
If not you can fill out the ESTA with a clear conscience.

However if you do feel that they were pretty bad, then a lie on top will mean nothing to you anyway.  Have a nice holiday


----------



## 1%er (Jun 15, 2017)

Invictus-0x90 said:


> Hey guys,
> I've read a fair bit on this thread but I (like many others) still feel like I have unanswered questions.
> 
> Basically I got charged with abh a couple of years ago, I honestly don't think it comes under moral turpitude and I only got the equivalent of community service.
> ...


ABH (aggravated assault) clearly comes under the term moral turpitude, any crime that falls outside the accepted standard of the community, is considered moral turpitude.

I'm not sure what you "read up on" but you do need a visa, that visa may be granted on arrival but you need one. An ESTA just determines the eligibility of a person to travel to the United States under the Visa Waiver Program, it gives you no power of entry, that is only granted on arrival.


Indnev87 said:


> Hi guys. I know this has been done to death and I have honestly searched all over the internet and this forum seems to have the most people who are willing to help.
> Ok,so I have a holiday booked to Disneyland Florida for next September with my partner and daughters. I ticked no to criminal records on both mine and my partners estas,when in fact we do have records.Him- assault and drink driving.Me- shoplifting,criminal damage,possession of a class A drug and assault (please don't judge) none of these are recent.Anyway,after trawling the internet looking for an answer as to what might happen when we arrive at customs,I have made myself so ill with worry in the process,and we don't go for another 14 months  I know that in reality we needed to apply for a proper visa so please don't say this as I already know and I know that I won't be granted it if we were to go to the embassy.So my question is,what do they actually know? It's crazy how I've read and heard so many conflicting stories. I know my own father got sent back years ago as he had done jail time for drug dealing and not declared it,however we don't speak so I can't ask him the details.So if we don't share records with the US how would they of known his record as well as many other stories I have heard about people being sent back? In equal measures I have heard stories of people who have records and have breezed past customs,with not even a second glance from them. What shows up from your passport and when they fingerprint? Please can someone shed some light and possibly reassure me if possible because I'm driving myself crazy with worry. Is it  just a lottery??  I'd just feel so sorry for my kids if we got sent home as well as the amount of money we would lose.Thankyou all in advance x


Your questions have been answered many times on this thread. The USA have no access to the UK police nation computer, if you don't tell them they will not know.


----------



## 1927 (Jun 15, 2017)

1%er said:


> ABH (aggravated assault) clearly comes under the term moral turpitude, any crime that falls outside the accepted standard of the community, is considered moral turpitude.
> 
> I'm not sure what you "read up on" but you do need a visa, that visa may be granted on arrival but you need one. An ESTA just determines the eligibility of a person to travel to the United States under the Visa Waiver Program, it gives you no power of entry, that is only granted on arrival.
> Your questions have been answered many times on this thread. The USA have no access to the UK police nation computer, if you don't tell them they will not know.


ABH is not aggravated assault!


----------



## 1%er (Jun 15, 2017)

1927 said:


> ABH is not aggravated assault!


Really, maybe you should look up the law.

ABH is a statutory offence of aggravated assault and was created by section 47 of the Offences Against the Person Act 1861 & Criminal Justice Act 1988


----------



## JRCS1106 (Jun 26, 2017)

Say someone was arrested for rape in January this year; the case was dropped and was nfa'd would the person be able to enter USA on an esta?


----------



## TruXta (Jun 26, 2017)

The same answer applies to ^^^ that too.


----------



## JRCS1106 (Jun 27, 2017)

Which is what? So you're saying they'll be allowed in with no problems?


----------



## JRCS1106 (Jun 27, 2017)

What about with a caution with theft as that comes under the moral turpitude?


----------



## 1927 (Jun 27, 2017)

JRCS1106 said:


> What about with a caution with theft as that comes under the moral turpitude?


Im pretty sure it doesnt!


----------



## JRCS1106 (Jun 27, 2017)

But rape is? It was only an arrest and the person got nfa'd but the caution for theft is there?


----------



## 1%er (Jun 27, 2017)

JRCS1106 said:


> But rape is? It was only an arrest and the person got nfa'd but the caution for theft is there?


If you don't declare it how will they know?


----------



## zippidy doo daa (Jun 28, 2017)

.


----------



## not-bono-ever (Jun 28, 2017)

if you are going as a question on this thread that hasn't already been answered, best make up a bogus name to register before you start revealing too many details - this is public y'know.

*They cannot access the UK Copper database yet
*Unless you are on an international terror list or have previous in the USA, then you are unlikely to be in their records 
*If you declare a conviction and do not have thousands to spend on a lawyer, it is likely you will be rejected and remain in their record book going forward
*Read the thread before asking another variation of questions already asked.....
*Sorted


----------



## FrequentFlyee (Jun 28, 2017)

not-bono-ever said:


> if you are going as a question on this thread that hasn't already been answered, best make up a bogus name to register before you start revealing too many details - this is public y'know.
> 
> *They cannot access the UK Copper database yet
> *Unless you are on an international terror list or have previous in the USA, then you are unlikely to be in their records
> ...



Fully understood. Does the same apply to other countries such as Australia?


----------



## not-bono-ever (Jun 28, 2017)

*shrugs*


----------



## FrequentFlyee (Jun 29, 2017)

not-bono-ever said:


> *shrugs*


What would your assumption be?


----------



## pogofish (Jun 29, 2017)

FrequentFlyee said:


> What would your assumption be?



A safe assumption is that Australia and other countries aren't part of the US, so its outside the province of this thread.


----------



## FrequentFlyee (Jun 30, 2017)

pogofish said:


> A safe assumption is that Australia and other countries aren't part of the US, so its outside the province of this thread.



Fair enough. Thanks anyway.


----------



## furrofarouko (Jun 30, 2017)

You know NY is a terrorist country the news just doesn't cover it because they're bitches and lazy


----------



## Beany6000 (Jul 14, 2017)

Hi guys looked through old posts and can't seem to see anything recent I'm thinking off travelling to Florida now I have a caution for a sexual offence basically went to a nightclub ended up sleeping with 15 year old when I was 19 she lied and said she was 18 being in a club it was believable long story short I admitted it got two years on register and a caution this was back in 2012 so no longer on register just wondering can I tick no to convictions on the visa waiver as I know if I apply for visa I'll fail any advice will be greatly received thankyou


----------



## editor (Jul 14, 2017)

Beany6000 said:


> Hi guys looked through old posts and can't seem to see anything recent I'm thinking off travelling to Florida now I have a caution for a sexual offence basically went to a nightclub ended up sleeping with 15 year old when I was 19 she lied and said she was 18 being in a club it was believable long story short I admitted it got two years on register and a caution this was back in 2012 so no longer on register just wondering can I tick no to convictions on the visa waiver as I know if I apply for visa I'll fail any advice will be greatly received thankyou


The advice remains the same as ever:  admit to nothing and you'll _probably_ be fine unless you look extra shifty on entry or do something to attract attention to yourself.


----------



## Beany6000 (Jul 14, 2017)

editor said:


> The advice remains the same as ever:  admit to nothing and you'll _probably_ be fine unless you look extra shifty on entry or do something to attract attention to yourself.


Ok thanks does anyone know anyone who has been and entered with this same kind off record or offence ?


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## not-bono-ever (Jul 14, 2017)

doesn't matter


----------



## ddraig (Jul 14, 2017)

what's the obsession with fucking florida and shitty disneyland??


----------



## Bahnhof Strasse (Jul 14, 2017)

ddraig said:


> what's the obsession with fucking florida and shitty disneyland??



Florida has superb beaches on the rough Atlantic and the calm, warm Gulf Coast. Has Miami which is a buzzing city, the beautiful Everglades, Kennedy Space Centre and in Orlando you have some of the world's best theme parks.

btw, it's Disney World in Florida, not Land.


----------



## ddraig (Jul 14, 2017)

cheers boss!


----------



## Bahnhof Strasse (Jul 14, 2017)

Any time.


----------



## 1927 (Jul 14, 2017)

i love this thread!lol


----------



## pogofish (Jul 14, 2017)

ddraig said:


> what's the obsession with fucking florida and shitty disneyland??



Given the amount of land that Florida has effectively ceded to Disney and the other big theme park operators to do whatever they want in, it could well be that they are becoming the new state?


----------



## Bahnhof Strasse (Jul 14, 2017)

pogofish said:


> Given the amount of land that Florida has effectively ceded to Disney and the other big theme park operators to do whatever they want in, it could well be that they are becoming the new state?



Tbf, before Disney moved in Orlando was a swamp, still is in places, just last year some poor kid got eaten by an alligator in the lake in front of the Magic Kingdom.


----------



## skyscraper101 (Jul 14, 2017)

It's swampy and humid. Very little redeemable features except the beaches. I have no idea why so many people retire there. It's one of the most boring places I've ever been. And Miami is also one of the most tacky and overrated cities I've ever been to.


----------



## 2hats (Jul 14, 2017)

35% swamp, 10% ratworld, 5% spaceport, 50% golf course.


----------



## Deedee43 (Jul 28, 2017)

Ok so thanks for all the info in this thread, I thought my hubby needed was a visa but turns out I can answer no to all the esta questions... but .... I started to fill in the ds-160 form, I haven't submitted it tho and am now just going to apply for a esta, should I just wait for the to delete after 30 days and they apply for the esta? Do they read Ds-160 that have not been submitted will this look suspicious now apply for an esta? Mind is now on over drive can you tell lol


----------



## TruXta (Jul 28, 2017)

Deedee43 said:


> Ok so thanks for all the info in this thread, I thought my hubby needed was a visa but turns out I can answer no to all the esta questions... but .... I started to fill in the ds-160 form, I haven't submitted it tho and am now just going to apply for a visa, should I just wait for the to delete after 30 days and they apply for the esta? Do they read Ds-160 that have not been submitted will this look suspicious now apply for an esta? Mind is now on over drive can you tell lol


No they won't. Go esta, have a nice time.


----------



## lauren ottoway (Aug 6, 2017)

hi


----------



## TruXta (Aug 6, 2017)

Apply for ESTA, admit nothing, have a lovely time.

Also, if that's your real name that's not too clever is it.


----------



## joebloggs67 (Aug 15, 2017)

i've filled in a ds160 form and enclosed all my previous convictions however havent yet paid and booked for an appointment.after reading these posts I have now filled out and been approved by esta to travel to the united states and intend to do so and not tell them about my convictions.  will the convictions i have told them about on the ds160 form flag up or be saved on there database and result in me being refused entry when i tick the box saying I have no convictions once i get to the customs?  any advice is appreciated as i intend to fly out next month


----------



## Manter (Aug 15, 2017)

Still baffled so many criminals want to go to America. I thought they were all supposed to love Southern Spain


----------



## joebloggs67 (Aug 15, 2017)

Manter said:


> Still baffled so many criminals want to go to America. I thought they were all supposed to love Southern Spain


i know. im just dieing to go to vegas to play poker haha do you know if the ds160 will be in the border patrols system?


----------



## joebloggs67 (Aug 15, 2017)

TruXta said:


> Apply for ESTA, admit nothing, have a lovely time.
> 
> Also, if that's your real name that's not too clever is it.


i've filled in a ds160 form and enclosed all my previous convictions however havent yet paid and booked for an appointment.after reading these posts I have now filled out and been approved by esta to travel to the united states and intend to do so and not tell them about my convictions. will the convictions i have told them about on the ds160 form flag up or be saved on there database and result in me being refused entry when i tick the box saying I have no convictions once i get to the customs? any advice is appreciated as i intend to fly out next month


----------



## 5t3IIa (Aug 15, 2017)

joebloggs67 said:


> i've filled in a ds160 form and enclosed all my previous convictions however havent yet paid and booked for an appointment.after reading these posts I have now filled out and been approved by esta to travel to the united states and intend to do so and not tell them about my convictions. will the convictions i have told them about on the ds160 form flag up or be saved on there database and result in me being refused entry when i tick the box saying I have no convictions once i get to the customs? any advice is appreciated as i intend to fly out next month


No one here could tell you this for sure but out of allllll the many many _many_ posters who have visited his thread it seems like you have managed to do pretty much the worst option out of all of them


----------



## joustmaster (Aug 15, 2017)

joebloggs67 said:


> i've filled in a ds160 form and enclosed all my previous convictions however havent yet paid and booked for an appointment.after reading these posts I have now filled out and been approved by esta to travel to the united states and intend to do so and not tell them about my convictions. will the convictions i have told them about on the ds160 form flag up or be saved on there database and result in me being refused entry when i tick the box saying I have no convictions once i get to the customs? any advice is appreciated as i intend to fly out next month


No one knows...

But please come back and tell us if you got in or not


----------



## not-bono-ever (Aug 15, 2017)

Sadly I think we have been brainwashed to be truthful and your honesty will pay off.

It doesn't. Sometimes you have to lie and be selective with the truth. other wise you will be fucked over again and again.


----------



## not-bono-ever (Aug 15, 2017)

Tell the truth and you will ensure you will never get in. Lie and you will likely get in. Worst case scenario, you lie, et found out , youwill be locked in a cell overnight and sent home and not be allowed in again.

Don't put all your eggs in one basket FFS. Disneyland isn't all that good. Go in overland from Mexico - if you get knocked back, then you can still have fun in lawless Tijuana


----------



## pogofish (Aug 15, 2017)

joebloggs67 said:


> iany advice is appreciated as i intend to fly out next month



Read the thread - all the advice you need is already here.


----------



## joebloggs67 (Aug 15, 2017)

pogofish said:


> Read the thread - all the advice you need is already here.


ive not saw anything on this thread that states for definite if they will store the ds160 data although i havent paid for an appointment (but have had the application activated). Therefore was hoping if anyone else had been in a situation like myself so i would know if I would be better just going down the visa route


----------



## Reekydeeky (Sep 12, 2017)

I am also in the same situation joe. have read for hours trying to figure out what is going to happen. 

I am only 20 and terrified to be separated from my family. 

 Do you think they will really read through my applications when I arrive especially when I'm with my family? 

Will it flag up? 

What would they do to me if they did find out? 

I am so scared now because I applied for this stupid visa. If anyone has been in the  same situation please help a girl out  

Xx


----------



## TruXta (Sep 12, 2017)

Reekydeeky said:


> I am also in the same situation joe. have read for hours trying to figure out what is going to happen.
> 
> I am only 20 and terrified to be separated from my family.
> 
> ...


If you've applied for a visa and given the US embassy details of your convictions, chances are that US border control will know about it. Can't say for sure of course.


----------



## Reekydeeky (Sep 12, 2017)

Thanks for the reply.

 I cancelled the application back in April then went ahead and applied for visa and it came back accepted. I have checked the visa status and it is NO STATUS. Does this mean it has not been processed or opened or will it be on file regardless? Will it make a difference that I'm going with my parents and they might not look into it? 

Thank you xx


----------



## TruXta (Sep 12, 2017)

Reekydeeky said:


> Thanks for the reply.
> 
> I cancelled the application back in April then went ahead and applied for visa and it came back accepted. I have checked the visa status and it is NO STATUS. Does this mean it has not been processed or opened or will it be on file regardless? Will it make a difference that I'm going with my parents and they might not look into it?
> 
> Thank you xx


You applied for two different visas? The other questions I have no idea about, unfortunately.


----------



## Reekydeeky (Sep 12, 2017)

Sorry that's my mistake I applied for the esta and it came back accepted. 

I have no option but to travel. Hopefully it will work out


----------



## ddraig (Sep 12, 2017)

good luck! please thread if you don't end up in gitmo!


----------



## TruXta (Sep 12, 2017)

Reekydeeky said:


> Sorry that's my mistake I applied for the esta and it came back accepted.
> 
> I have no option but to travel. Hopefully it will work out


Yeah, good luck. The ESTA is basically a pre-clearance, and US border control can turn almost anyone away for pretty much any reason, or none at all, but that goes for everyone. Chances are you'll be fine.


----------



## Reekydeeky (Sep 12, 2017)

Thanks!! Will post if it works out or not!


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## JASONMARTIN (Sep 17, 2017)

do think USA with stop me at border when i fly from UK.  Bcos i  Said on the E-visa for Canada that i was arrested and sent them my police certificate and that was rejected. 

USA share records with CANADA on evisa so it would show up on the USA border PC when i give them passport ?


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## pizzasocks (Sep 23, 2017)

I got arrested for possession of Class A and B and for taking a car without the owner's permission although I didn't commit any of the crimes above, unfortunately I was in the wrong place at the wrong time and was put in custody and then released hours later with no charges.

I was flapping in panic a few days beforehand when I read on the embassy site that they say it is not recommended to travel with an ESTA even if you have been arrested with no charges. I looked at this forum and did what you guys suggested.

I got in with no issues at all. All they will do is ask you questions on why you are coming to USA and a little about your background, they asked me:

"Why are you coming to USA?" - Holiday
"How long are you staying for? - 2 weeks
"Are you with anyone today?" - With my friends
"What do you do for a living?" - explained my job

One thing I do recommend is to keep your phone away until you get past security, they stopped my friend and asked the same sort of questions.


----------



## laceyb22 (Sep 25, 2017)

Hi 

I'm a wanting to go to New York later in the year but I have been arrested I think 3 times previously (over ten years ago when I was young and stupid )  and not sure of the full details or what is on record.  If i apply for my ACRO will that affect anything, e.g. Will I have to go down the visa route and not lie on the ESTA?

Here's how it is: 

2000/2001 arrest for criminal damage which didn't result in any conviction or caution  (not moral turpitude) 

Around 2004/2005 arrest for suspected abh - this case was thrown out without any conviction or caution (as the person who said I harmed them was lying and cctv showed that they attacked me and it was 100% self defence) I'm not even sure if I was technically arrested as I went to the police station myself and told them what happened and made a statement ... maybe I was arrested on paper? 

Around 2006 poss early 2007 arrest for common assault for which I got a caution. (Not moral turpitude)

I'm most concerned about the abh one as this could be against moral turpitude as per Wikipedia and the others are not, for this reason I wanted to apply for the ACRO and see what was on there but not sure if that will complicate things if I decide to do the ESTA.

Also would I get declined for a visa if it was on there, along with the other arrests and caution?


----------



## Welshman (Sep 25, 2017)

Just joined so a new member.

Firstly what a fantastic forum which I have been reading now for some time.

My question is this, in 2002 I travelled to the US without realising that the ESTA system had come into place and just filled in my form on the plane ticking no to every question and didn't think anymore of it and I got in ok.

I want to return with my girlfriend next year but obviously since 2002 things have moved on and got tighter.

I do plan to do the same as I did last time and keep my fingers crossed. I do have convictions but never done time.

I do understand that filling in the ESTA form on the plane just gives you pre-clearance and everything depends on what happens at Border control.

Can anybody confirm if checks are done in the US while the plane is in mid air. What I mean is with all the ESTA forms completed are they forwarded to the destination airport customs for them to check before the plane lands? It seems far fetched put 8.5 hours is ample time for that to be done?

I suppose they would then have to check databases and I have heard conflicting information on what the US have or share with the UK. Some say they share criminal information while others say they don't.

Finally my new passport obviously has a chip in it, does this chip carry any information of criminal records.

Many thanks in advance.


----------



## Welshman (Sep 27, 2017)

Would really appreciate it if somebody could advise me please?

I appreciate people come on here, get their answer and  never post again but I am genuinely a long time reader of the forum despite never having had a reason to post on here before.

I appreciate all the answers are on here somewhere but to be honest there is just as many posts saying the opposite.


----------



## TruXta (Sep 27, 2017)

Too many unknowns there. I don't believe chips carry info on criminal records, but who knows? Fact is loads of people with such records make it into the USA by telling lies.


----------



## TruXta (Sep 27, 2017)

This may or may not be true

Information contained on UK passports - theInfoHub by Unlock | for people with convictions and criminal recordstheInfoHub by Unlock | for people with convictions and criminal records


----------



## 1927 (Sep 27, 2017)

Welshman said:


> Just joined so a new member.
> 
> Firstly what a fantastic forum which I have been reading now for some time.
> 
> ...


You cant fill in ESTA form on plane anymore. You have to apply for it online before travel, if you haven't you want be allowed to board plane in first place.


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## pizzasocks (Sep 28, 2017)

You will fill a customs declarations form on the plane and you will need to hand it in to customs when you arrive in the USA along with your passport.

The ESTA you will need to apply for online and pay about £10 for about it, recommended to do it as early as you possibly can because if that's denied then you're boned and you'd have to go the visa route which seems very tedious by the sounds of what other people are saying on here.


----------



## 1%er (Sep 29, 2017)

TruXta said:


> Yeah, good luck. The ESTA is basically a pre-clearance, and US border control can turn almost anyone away for pretty much any reason, or none at all, but that goes for everyone. Chances are you'll be fine.


I'm not sure using the term "pre-clearance" is helpful as some may assume it means you are "pre-cleared" to enter the USA. The ESTA only determines the eligibility of visitors to travel to the United States under the Visa Waiver Program, it doesn't grant entry, that is determined at boarder control for people traveling on an ESTA.

Being picky here but wouldn't want people to get the wrong idea


----------



## TruXta (Sep 29, 2017)

1%er said:


> I'm not sure using the term "pre-clearance" is helpful as some may assume it means you are "pre-cleared" to enter the USA. The ESTA only determines the eligibility of visitors to travel to the United States under the Visa Waiver Program, it doesn't grant entry, that is determined at boarder control for people traveling on an ESTA.
> 
> Being picky here but wouldn't want people to get the wrong idea


Fair enough


----------



## robyn_20 (Sep 29, 2017)

Hello,

I have read through this forum a fair bit and although my question has probably been answered, it's slightly different and just wondering whether anyone has any further information

My boyfriend spent 3 years in prison due to section 18 (gbh with intent). He is currently on license which finishes next year. I am assuming the usual advice of 'go on the esta and don't say anything' will be given but will he be caught due to the crime being so recent? We want to travel next year (after his license has finished). Do you think it's too risky with the crime being so recent? 

Any advice appreciated!


----------



## trashpony (Sep 29, 2017)

Get a new boyfriend


----------



## robyn_20 (Sep 30, 2017)

Excellent. Expected that type of reply from you trash


----------



## wiskey (Sep 30, 2017)

robyn_20 said:


> Any advice appreciated!


I wouldn't plan on going to the states with him, go with a mate.

Or see above advice.


----------



## trashpony (Sep 30, 2017)

robyn_20 said:


> Excellent. Expected that type of reply from you trash


I don't like to disappoint


----------



## robyn_20 (Oct 2, 2017)

well theres been no advances on my problem, therefore we are well and truly fucked it seems...


----------



## 1%er (Oct 2, 2017)

robyn_20 said:


> Hello,
> 
> I have read through this forum a fair bit and although my question has probably been answered, it's slightly different and just wondering whether anyone has any further information
> 
> ...


The crime being so recent shouldn't really make much difference as the British police still do not share there database with the USA. I would offer one word of caution, and that is if his conviction made the newspapers the USA could have that information on file.

The US Government (and the TSA) has become paranoid in the last few years and I wouldn't be at all surprise if they scan newspapers and have their own database of convictions that are reported in the press in other visa-waver countries. If they do, I'm not sure how detailed they'd be as names and district are likely to be the only information they'd get from press reports, unless they do some digging.

I think if you just answer NO to everything on the ESTA and it is granted, don't make any admissions when you arrive in the USA, they can't check.

Also if you haven't booked anything yet, fly from the Republic of Ireland if you are still concerned as they have customs and immigration clearance at the airport in Ireland, so if he is refused you don't have far to travel back.

Edited to add: Once you are cleared in Ireland, it used to be the case that when you arrived in the USA you were treated as a domestic flight passenger, I'm not sure this is still the case after Trumps review of this agreement, but I'm sure if you Google it you find an answer, but as far as I know it is still the case.

Good luck


----------



## Welshman (Oct 3, 2017)

Hello again, many thanks for the very helpful replies and for making things much clearer for me.

Just one final question on this particular subject if I may? - The clear recommendation is to fill out an ESTA form online at the earliest opportunity which I understand, however if let's say I did this two months before I traveled, is that not enough time for personal backgrounds to be looked into before the person who has applied actually arrives in the US? In other words, let's just say my ESTA is approved in March 2018 and I travel in May 2018, isn't that giving sufficient time between the two for a more in depth check into my background to be carried out with any findings then being passed onto the US border control who could reverse the initial decision once I'm across the Atlantic?

Thanks again.


----------



## joustmaster (Oct 4, 2017)

Welshman said:


> Hello again, many thanks for the very helpful replies and for making things much clearer for me.
> 
> Just one final question on this particular subject if I may? - The clear recommendation is to fill out an ESTA form online at the earliest opportunity which I understand, however if let's say I did this two months before I traveled, is that not enough time for personal backgrounds to be looked into before the person who has applied actually arrives in the US? In other words, let's just say my ESTA is approved in March 2018 and I travel in May 2018, isn't that giving sufficient time between the two for a more in depth check into my background to be carried out with any findings then being passed onto the US border control who could reverse the initial decision once I'm across the Atlantic?
> 
> Thanks again.






			
				Everyone said:
			
		

> British police still do not share their database with the USA.


----------



## Supine (Oct 4, 2017)

This thread is like a honey pot to attract criminals to u75


----------



## jdog (Oct 5, 2017)

Could anyone please tell me that if i applied for a Canadian visa last year and it was rejected, whether the USA will know this and refuse me an ESTA?


----------



## pogofish (Oct 5, 2017)

jdog said:


> Could anyone please tell me that if i applied for a Canadian visa last year and it was rejected, whether the USA will know this and refuse me an ESTA?



Have you tried reading the thread..?

Canada has been sharing biographic immigration info with the US since 2013 and biometric data since 2014.

Agreement between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information


----------



## Justdoit (Oct 7, 2017)

Bit of a situation here:

I have been to the States several times on VWP, by ticking no to the conviction box (had a drug charge 28 years ago). I am now married to a US citizen and am applying for residency.

If I stay in my country and go through consular processing, I have to produce a police record. (expunged convictions don't apply, so, snapped). Also not sure if I would be eligible for waiver. And even if I am, that's another 6-8 months, and no guarantee.

If I go through adjustment of status in the States, I don't have to produce a police record but still get asked the conviction question in the application..
Either scenario if I'm caught out, misrepresentation on convictions AND vwp....ban.

I understand the countries don't have access to the databases of each others for VWP purposes, but what about when they do the FBI check for immigrant applications?
Doing my head in. What to do, what to dooooo.


----------



## Waveydavey (Oct 9, 2017)

laceyb22 said:


> Hi
> 
> I'm a wanting to go to New York later in the year but I have been arrested I think 3 times previously (over ten years ago when I was young and stupid )  and not sure of the full details or what is on record.  If i apply for my ACRO will that affect anything, e.g. Will I have to go down the visa route and not lie on the ESTA?
> 
> ...




I'd get the acro n see. Can't see it hurting... 

"Arrest events that do not result in conviction will also appear. In other words, if you were arrested and the police took no further action (which may be shown as NFA on the disclosure document), or you were found not guilty at court the details surrounding this may appear on your disclosure." From acro website. 

You will prob get a visitor visa but it's slow. I think the acro gotta be within the last 6 months.

Other people seem to have got in by bullshitting esta. Breaking law like that n getting caught will get u banned more seriously so depends how imp the trip is.   I know a guy who knows a girl who got taken off a plane for a caution for herb smoking from when she was 17!


----------



## Waveydavey (Oct 9, 2017)

Justdoit said:


> Bit of a situation here:
> 
> I have been to the States several times on VWP, by ticking no to the conviction box (had a drug charge 28 years ago). I am now married to a US citizen and am applying for residency.
> 
> ...




Go see a lawyer as your need isn't just a trip and u don't wanna screw up future ability to visit.

28 years ago it might not even appear on your uk record. 

If it does then from my experience I think you'll get visa, so long as it was only once n hopefully not class A drugs.  From what I can tell they prefer heavy violence to drug user!

Very militaristic place. Get your wife to emigrate somewhere cooler


----------



## Waveydavey (Oct 9, 2017)

Supine said:


> This thread is like a honey pot to attract criminals to u75


 
Probably 90% of people on here have smoked a spliff once. The others prob stole something once. That makes us all criminals!


----------



## Waveydavey (Oct 9, 2017)

robyn_20 said:


> Hello,
> 
> I have read through this forum a fair bit and although my question has probably been answered, it's slightly different and just wondering whether anyone has any further information
> 
> ...




I think he got no chance of going for around seven years. Unless it was a Muslim he beat up? Maybe then he'll get the red carpet.

But yeah really I hope he had a good reason to earn that charge otherwise def get a new boyfriend and go somewhere more interesting on holiday


----------



## Fez909 (Oct 9, 2017)

Justdoit said:


> Bit of a situation here:
> 
> I have been to the States several times on VWP, by ticking no to the conviction box (had a drug charge 28 years ago). I am now married to a US citizen and am applying for residency.
> 
> ...


A genuinely new question! Well done 

Tricky one this. If you hadn't been lying on the VWP visits I'd say fess up and go the normal route, but now that you have, that's all on record and could be used against you when applying for residency.

I have no idea about the adjustment of status rules. If you don't have to produce a police record, then that sounds like you're good to go? I'd carry on lying I think.

But meh. Not a great situation...


----------



## Waveydavey (Oct 9, 2017)

Welshman said:


> Just joined so a new member.
> 
> Firstly what a fantastic forum which I have been reading now for some time.
> 
> ...




I heard of a lass getting taken off a plane for a minor caution when young. She applied properly and got in eventually.   It's a ball ache though. Maybe you be luckier. Wanna take that risk?   Go Guatemala instead or somewhere nice.  Usa overrated and full of flag waving nuts


----------



## Waveydavey (Oct 9, 2017)

Welshman said:


> Hello again, many thanks for the very helpful replies and for making things much clearer for me.
> 
> Just one final question on this particular subject if I may? - The clear recommendation is to fill out an ESTA form online at the earliest opportunity which I understand, however if let's say I did this two months before I traveled, is that not enough time for personal backgrounds to be looked into before the person who has applied actually arrives in the US? In other words, let's just say my ESTA is approved in March 2018 and I travel in May 2018, isn't that giving sufficient time between the two for a more in depth check into my background to be carried out with any findings then being passed onto the US border control who could reverse the initial decision once I'm across the Atlantic?
> 
> Thanks again.




I don't think the times gonna make a difference. Im guessing it's not like they're gonna spending longer on you than anyone else (unless your a welsh Muslim?!) just cos you get the application in early.


----------



## robyn_20 (Oct 10, 2017)

Waveydavey said:


> I think he got no chance of going for around seven years. Unless it was a Muslim he beat up? Maybe then he'll get the red carpet.
> 
> But yeah really I hope he had a good reason to earn that charge otherwise def get a new boyfriend and go somewhere more interesting on holiday



Why 7 years? Thanks for your concern but I am definitely happy with my current boyfriend. The crime didn’t involve drugs/murder. Obviously gbh is a serious crime but surely they’re looking for ‘real criminals.’


----------



## Silas Loom (Oct 10, 2017)

This thread proves that a website offering a mix of free and premium information on travelling to the US with a criminal record would be a reasonable money spinner for anyone with a bit of time on their hands.


----------



## 1927 (Oct 10, 2017)

robyn_20 said:


> Why 7 years? Thanks for your concern but I am definitely happy with my current boyfriend. The crime didn’t involve drugs/murder. Obviously gbh is a serious crime but surely they’re looking for ‘real criminals.’


If he’s been convicted of gbh he is a real criminal!


----------



## robyn_20 (Oct 10, 2017)

1927 said:


> If he’s been convicted of gbh he is a real criminal!



Haha no I understand he is a real criminal, sorry should of worded that better! I mean aren’t they more interested in preventing people involved with drug crime/murderers into the country? Or maybe not judging by your reply...


----------



## HORRORFAN (Oct 10, 2017)

Hi All

Read through the comments and I am feeling hopeful. In April I had a caution for malicious contact (stupid family feud) I have not been arrested so obviously ticked no to the ESTA question on criminal record, it said nothing about cautions ect only arrests. On the finger print details on the border that caution wont automatically show up will it? I've read the thread ect and everyone says it wont but its getting close now and I am getting worried lol views would be appreciated? Thanks


----------



## TruXta (Oct 10, 2017)

No it will not.


----------



## HORRORFAN (Oct 10, 2017)

TruXta said:


> No it will not.


Thank you - I think I was just looking for some confirmation from a stranger, not friends family telling me it will be fine. Ive read so much other stuff on the net - 99.9% says it wont and then there 0.01% that says yes, then you start worrying. haha. Lost in the net then - thanks for replying so quick and the reassurance


----------



## 1927 (Oct 10, 2017)

HORRORFAN said:


> Thank you - I think I was just looking for some confirmation from a stranger, not friends family telling me it will be fine. Ive read so much other stuff on the net - 99.9% says it wont and then there 0.01% that says yes, then you start worrying. haha. Lost in the net then - thanks for replying so quick and the reassurance


Cos strangers on the inter web are always the best people to rely on for 100% sound advice!


----------



## HORRORFAN (Oct 11, 2017)

well 99% of post advise the same thing...there is no check on cautions ect only major crime and non flyers so I am thinking it will be fine.


----------



## Reekydeeky (Oct 16, 2017)

Hey..
I Said I'd come back and let you all know how i got on....
I applied for a visa application and PAID the fee. I Cancelled my application and applied for esta instead because I didn't think the visa would have been accepted.
Everyone on here has said about lying on esta but no one has came back and said about applying for both.

I got in without a blink of an eye. Easy peasy. They asked where I was going, how long I was staying for and how much money I had. That was it!

Just go and take the risk, chances are they don't have a clue. The officer I had barley even looked at his computer. So NO THEY WON'T FIND OUT!!


----------



## ddraig (Oct 16, 2017)

Yay!


----------



## TruXta (Oct 16, 2017)

Well, I'll be damned!


----------



## 1927 (Oct 16, 2017)

HORRORFAN said:


> well 99% of post advise the same thing...there is no check on cautions ect only major crime and non flyers so I am thinking it will be fine.


The point i was trying to make was that friends and family have said it will be fine, but you chose not to trust them and seek advice of strangers! Im sure you'll be fine too!


----------



## 1927 (Oct 16, 2017)

TruXta said:


> Well, I'll be damned!


Can we close the thread now?


----------



## HORRORFAN (Oct 17, 2017)

I see your point - I think I am just working myself up over nothing but I never been in trouble and I was mortified over the caution - I have read thread over thread and they all say the same thing, they do not have access, so I know I am being daft lol. Its made me so anxious recently and I am not an anxious person. I will let you guys know when I am back. Thank you all for your comments I really appreciate it. I think I should stop researching now haha


----------



## HORRORFAN (Oct 18, 2017)

I am getting close now and still a little worried haha. I cant wait to come back and hopefully provide good news. I feel I have answered correctly anyway as the ESTA only asks - Have you been arrested or convicted of a crime, which I have not, so I feel I can honestly say if they ask, that I haven't. I wish I was not so worried about this. I have told myself not to research anymore, and I have lol. Still no change is research - they do not have access. I cannot wait to hopefully be in the hotel, have a good nights sleep and enjoy my holiday


----------



## HORRORFAN (Oct 19, 2017)

this makes me feel better - I will going soon. Only have a caution so hopefully will fly through. You have settled me a bit..tar


----------



## pseudonarcissus (Oct 19, 2017)

of course you'll fly through.  they treat new ESTAs different to people that have been in before.  If you go to Miami you put details into a machine that spits out a receipt saying "computer says no".  Don't be alarmed.


----------



## HORRORFAN (Oct 19, 2017)

I went to Miami and Orlando last year, no issues - no caution then - this year is a different state. I technically haven't lied, I have not been arrested, just cautioned - the ESTA only specifically asked about arrests. Anyone I cant thank all you all enough for your responses. I will be a lot calmer going through after all these posts and threads - thank you all. x


----------



## laceyb22 (Oct 20, 2017)

Waveydavey said:


> I'd get the acro n see. Can't see it hurting...
> 
> "Arrest events that do not result in conviction will also appear. In other words, if you were arrested and the police took no further action (which may be shown as NFA on the disclosure document), or you were found not guilty at court the details surrounding this may appear on your disclosure." From acro website.
> 
> ...


 

I got it and it came up no live trace. When I rang up only the final thing was on record, which is not a crime of moral turpitude. 

Also I rang the unlock group who were able to give advice on travelling abroad with criminal backgrounds and what route to go through. Found them really helpful. I would recommend anyone on this thread who is still unsure to give them a call.


----------



## HORRORFAN (Oct 23, 2017)

I am confused on what to do. I mean if they do not have access how can it show? Plus there was no arrest, I have never been arrested so I have not lied on the ESTA?


----------



## TruXta (Oct 23, 2017)

HORRORFAN said:


> I am confused on what to do. I mean if they do not have access how can it show? Plus there was no arrest, I have never been arrested so I have not lied on the ESTA?


Why confused?


----------



## HORRORFAN (Oct 23, 2017)

with the ACRO trace mentioned above ect. I have researched this morning, do they have ACRO routine access? The result shows as no, they can request it but it is very rare they do this. I do feel confident as I was never arrested ect ect. I am just gonna go with as I am now. I have never outstayed my visa ect and been a good girl on previous visits. I see the biometrics are taken just to ensure you go when you say you will and you do not commit a crime while there. I see Interpol only shows a red flag when you are wanted or a murder, pedophile or major drug baron ect. So again I am 100% safe on that area. I know its a roll of the dice so I am going to roll it and hope I am not that one percent who is unlucky. I will be travelling alone, so I am a bit nervous that that makes me look a bit more suspicious but I will not be travelling back on my own so hopefully that will rectify this.

The ACRO info I seen where is advises they do not have routine access was last reviewed and updated August 2017 so I am confident that is correct. Again with all the people on here who have been through I am confident that I will be fine...its just that little niggle there isn't it lol without sounding racist, I am white and a British Citizen, it seems the only issues they seem to have it with people from certain countries at present.


----------



## HORRORFAN (Oct 26, 2017)

I'm here guys..asked me questions on the way out of London..  she asked me when I'm going home and who I will be travelling with going home when I got to LAX...post proven...thank you everyone who replied..


----------



## TruXta (Oct 26, 2017)

HORRORFAN said:


> I'm here guys..asked me questions on the way out of London..  she asked me when I'm going home and who I will be travelling with going home when I got to LAX...post proven...thank you everyone who replied..


Enjoy your time there.


----------



## advice seeker (Oct 27, 2017)

Hello, I have browsed through the forum and have picked up on a lot of useful information, however I feel as if it does not apply to me as much, as my case is very specific and complex to be compared to others. I apologise in advance if I have missed some information in the forum that does in fact apply to my situation. My situation is that I received a caution for possession of substance b (marijuana) 3 years ago in the United Kingdom while I was a student at a university there. I had a visa to study in the United Kingdom, so I myself am not from the UK. I am now in the process of receiving a job in the USA, thus I require a US working visa. I feel as if that in my case, there are many variables that cannot be compared to, so I feel quite vulnerable on applying for the work visa, vulnerability such as, would the UK embassy share information to the US embassy in regards to myself, or perhaps the fact that I am originally from saudi arabia, they might be more fixated on me due to all of the horrific tragedies terrorists have inflicted onto others internationally. I myself have never lived in a middle eastern country but in europe instead, i am quite western, however I feel that these variables wouldnt matter to them but instead that I, a saudi, may be stereotyped compared to others, thus alarming them which may lead for them to make a further background criminal check, including the UK. My question is therefore, do I have the same odds as everyone else, or are mine much much slimmer. I really do appreciate the time for anyone to answer. Thank you.


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## Smiler175 (Oct 27, 2017)

Hi All

Another newbie that is slightly confused having read too much!

Criminal record from 24 years ago (nothing since as I grew up) and falls under moral turpitude I believe.  My daughter has always wanted to go to New York and I thought I would take her for her 21st next April.... then I started researching :-(

Which way should I do this or should I look elsewhere for a memorable trip for her?

Thank you in advance for any advice you can give.


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## TruXta (Oct 27, 2017)

Assuming you can go the ESTA route, do that. Tick no to being a baddy. Have a nice time.


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## 1927 (Oct 29, 2017)

Arrived safe and sound yesterday, after a queue of over n hour at JFk finally got to immigration and breed through. Was a bit worried as the agent didn't want to take my photo, unlike everyone else. He didn't say why, but I was waiting for a tap on the shoulder as I walked off, and an invitation to join them in secondary!


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## 1927 (Oct 29, 2017)

Interesting in an effort to speed things up, those who have been admitted previously on an ESTA were being waved through into the US citizen line!


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## uk benzo (Oct 29, 2017)

1927 said:


> Interesting in an effort to speed things up, those who have been admitted previously on an ESTA were being waved through into the US citizen line!



Have a great time in US of A!


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## 1927 (Oct 30, 2017)

uk benzo said:


> Have a great time in US of A!


Hasn't stopped raining torrentially yet, the Pumpkin flotilla in Central Park had to be cancelled and we've spent a fortune trying to keep 2 9 year olds entertained in the rain! haven't seen a skyscraper yet as the visibility has been so poor all day we can only see bottom 30 floors!


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## wiskey (Oct 30, 2017)

1927 said:


> Hasn't stopped raining torrentially yet, the Pumpkin flotilla in Central Park had to be cancelled and we've spent a fortune trying to keep 2 9 year olds entertained in the rain! haven't seen a skyscraper yet as the visibility has been so poor all day we can only see bottom 30 floors!


Boo!


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## wiskey (Oct 30, 2017)

advice seeker said:


> Hello, I have browsed through the forum and have picked up on a lot of useful information, however I feel as if it does not apply to me as much, as my case is very specific and complex to be compared to others. I apologise in advance if I have missed some information in the forum that does in fact apply to my situation. My situation is that I received a caution for possession of substance b (marijuana) 3 years ago in the United Kingdom while I was a student at a university there. I had a visa to study in the United Kingdom, so I myself am not from the UK. I am now in the process of receiving a job in the USA, thus I require a US working visa. I feel as if that in my case, there are many variables that cannot be compared to, so I feel quite vulnerable on applying for the work visa, vulnerability such as, would the UK embassy share information to the US embassy in regards to myself, or perhaps the fact that I am originally from saudi arabia, they might be more fixated on me due to all of the horrific tragedies terrorists have inflicted onto others internationally. I myself have never lived in a middle eastern country but in europe instead, i am quite western, however I feel that these variables wouldnt matter to them but instead that I, a saudi, may be stereotyped compared to others, thus alarming them which may lead for them to make a further background criminal check, including the UK. My question is therefore, do I have the same odds as everyone else, or are mine much much slimmer. I really do appreciate the time for anyone to answer. Thank you.



I honestly have no idea. 

I'm not sure I'd want to go and work in America with that megalomaniac in power if I were Saudi!


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## Mark Thomson (Nov 6, 2017)

Hi everyone, I have convictions for possession with intent to supply of cannabis, possession of a class A, burglary and theft from 22 years ago, when I was a teenager. I got three months in a young offenders' institution. If I go the ESTA route and lie on it, do you think my convictions will show?


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## wiskey (Nov 6, 2017)

No. 

Next


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## joustmaster (Nov 6, 2017)

Mark Thomson said:


> Hi everyone, I have convictions for possession with intent to supply of cannabis, possession of a class A, burglary and theft from 22 years ago, when I was a teenager. I got three months in a young offenders' institution. If I go the ESTA route and lie on it, do you think my convictions will show?


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## Mark Thomson (Nov 6, 2017)

joustmaster said:


> View attachment 119762


Ha not me, honest!


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## existentialist (Nov 6, 2017)

Mark Thomson said:


> Hi everyone, I have convictions for possession with intent to supply of cannabis, possession of a class A, burglary and theft from 22 years ago, when I was a teenager. I got three months in a young offenders' institution. If I go the ESTA route and lie on it, do you think my convictions will show?


Read the last 10 pages of the thread, and make a wild guess...


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## 1927 (Nov 6, 2017)

Mark Thomson said:


> Hi everyone, I have convictions for possession with intent to supply of cannabis, possession of a class A, burglary and theft from 22 years ago, when I was a teenager. I got three months in a young offenders' institution. If I go the ESTA route and lie on it, do you think my convictions will show?


You got a choice as everyone has, lie on the ESTA and keep fingers crossed that you get on. The ESTA will almost certainly be approved and the chances of being found out are as close to zero as you an get as already explained as the UK do not share records with the US unless a request is made through Interpol and that aint gonna happen.

Or, you can tell the truth on ESTA form and it WILL be rejected and you will have to go down the VISA route. If you do that you WILL have to disclose your record, and the chances of getting a VISA are 0%,

Up to you!


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## Mark Thomson (Nov 6, 2017)

Thanks everyone - so you don't think it's an issue that some of the crimes involve 'moral turpitude'? I don't see how it would affect access to records, but saw some comments on this thread that it might.


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## not-bono-ever (Nov 6, 2017)

Visa route - 99% certainty of rejection and barring for a decade( assuming you decide to play the honesty card and rely on compassion and clemency - it doesnt work BTW)
ESTA route -99% certainty of getting in ( assuming you have everything in order, have money & are not some kind of wanker at the border)


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## Johnbob1 (Nov 7, 2017)

I have a conviction for moral turpitude I was given a six month sentence which I only served nine day can I get into the us. It have been 10 years since my conviction


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## ddraig (Nov 7, 2017)

Johnbob1 said:


> I have a conviction for moral turpitude I was given a six month sentence which I only served nine day can I get into the us. It have been 10 years since my conviction


only served 9 days?? are you on the run?


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## Johnbob1 (Nov 7, 2017)

ddraig said:


> only served 9 days?? are you on the run?



No the judge said he was too harsh as it was my fist offence so he decided to recall me and realease me.


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## existentialist (Nov 7, 2017)

Johnbob1 said:


> No the judge said he was too harsh as it was my fist offence so he decided to recall me and realease me.


The advice is the same, anyway, because I don't think the US is going to be interested in the length of the sentence.


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## 1927 (Nov 7, 2017)

Johnbob1 said:


> I have a conviction for moral turpitude I was given a six month sentence which I only served nine day can I get into the us. It have been 10 years since my conviction


Read the fucking thread!


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## Bahnhof Strasse (Nov 8, 2017)

1927 said:


> Read the fucking thread!




^^^



And answer NO on the ESTA and enjoy your trip.


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## Oddball (Nov 14, 2017)

Have a couple of conviction 25+ years ago - relatively minor but over the MT threshold. Breezed through JFK on ESTA.

However, what I would say is that the anxiety for the previous couple of weeks, right up to going through, was a complete nightmare. If I'd been pulled and denied entry it would have killed the holiday for the family as everything was booked in my name. 

If I'd had the time (last minute surprise thing) I'd have gone the VISA route - you never know when you're going to be the subject of a random check (or if they change the access rules to PNC). Also, now in a quandary for if I to go the VISA route next time I'm now going to have to answer some tough questions about why I went ESTA this time.  

Upshot is, if you have time and not had anything dodgy for a while - go VISA before booking your holiday. Save yourself some seriously sleepless night.


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## wiskey (Nov 14, 2017)

But if you got in on the ESTA why on earth would you draw attention to yourself by applying for a visa? 

Funnily enough the 'just tick no' advice in pretty much every post on this thread does work.


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## nogojones (Nov 14, 2017)

Johnbob1 said:


> I have a conviction for moral turpitude I was given a six month sentence which I only served nine day can I get into the us. It have been 10 years since my conviction


Was it aggravated moral terpitude or turpitude with intent?


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## Pickman's model (Nov 14, 2017)

Johnbob1 said:


> No the judge said he was too harsh as it was my fist offence so he decided to recall me and realease me.


fisting is moral turpitude? i'm shocked.


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## Bahnhof Strasse (Nov 14, 2017)

Oddball said:


> Have a couple of conviction 25+ years ago - relatively minor but over the MT threshold. Breezed through JFK on ESTA.
> 
> However, what I would say is that the anxiety for the previous couple of weeks, right up to going through, was a complete nightmare. If I'd been pulled and denied entry it would have killed the holiday for the family as everything was booked in my name.
> 
> ...



If your conviction is old there will be no way, even with an enhanced check that the US authorities can find out about it. That can only happen if you tell them, which you would if you declared it and that WOULD bar you from entry, doubly so as you have already lied on an ESTA.

Unless your conviction was quite serious and resulted in multiple years of incarceration then an ESTA with NO boxes ticket will be fine.


----------



## 1927 (Nov 14, 2017)

Oddball said:


> Have a couple of conviction 25+ years ago - relatively minor but over the MT threshold. Breezed through JFK on ESTA.
> 
> However, what I would say is that the anxiety for the previous couple of weeks, right up to going through, was a complete nightmare. If I'd been pulled and denied entry it would have killed the holiday for the family as everything was booked in my name.
> 
> ...


Seriously folks do not follow this advice! If you go the VISA route and have convictions you will NOT be granted a VISA!


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## Oddball (Nov 15, 2017)

It does work for the vast majority of times (in 2015 <0.5% of arrivals were denied entry). However, you don't know how many get caught by random checks (they do happen). You also don't know (won't know) when there will be an agreement to give live access to the PNC - the technology is there, it's just a matter of politics (they won't give us access to theirs so they don't get it to ours - this may change - and you can guarantee they'll keep it quiet when it does).

To clarify, as it's not an absolute given that you're going to get through (incredibly small chance granted) and if your holiday is massively expensive and you have old minor convictions, save yourself the anxiety and go VISA if you can. I've known people with old drugs convictions (minor possession) being granted waivers. From what I've read elsewhere, unless you have recent serious convictions you should be fine. It's just a massive pain in the arse. 

It's a matter of weighing up the risks v consequences (for me - considerable). If you're not arsed, go for it and enjoy.


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## trashpony (Nov 15, 2017)

Oddball said:


> It does work for the vast majority of times (in 2015 <0.5% of arrivals were denied entry).


Yes, because a lot of people decided to apply for a Visa and didn't even get that far. 



> However, you don't know how many get caught by random checks (they do happen).


 What evidence of this is there? How are they carrying out these 'random checks' given they don't have access to the PNC? 



> You also don't know (won't know) when there will be an agreement to give live access to the PNC - the technology is there, it's just a matter of politics (they won't give us access to theirs so they don't get it to ours - this may change - and you can guarantee they'll keep it quiet when it does).


 Evidence? 



> To clarify, as it's not an absolute given that you're going to get through (incredibly small chance granted) and if your holiday is massively expensive and you have old minor convictions, save yourself the anxiety and go VISA if you can. I've known people with old drugs convictions (minor possession) being granted waivers. From what I've read elsewhere, unless you have recent serious convictions you should be fine. It's just a massive pain in the arse.



It is an absolute given you'll get through if you tick no. It really isn't if anyone follows your idiotic advice. You do appear to be the first person to come along in years with 'honesty is really the best policy' advice so I commend you for that.


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## 2hats (Nov 15, 2017)

Oddball said:


> (they won't give us access to theirs so they don't get it to ours - this may change - and you can guarantee they'll keep it quiet when it does).


Except it’ll be obvious when ESTAs are being swiftly rejected in the cases of applicants with checkered pasts they themselves have not disclosed.


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## nogojones (Nov 15, 2017)

Pickman's model said:


> fisting is moral turpitude? i'm shocked.


Careful now, they'll punch your lights out


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## Oddball (Nov 15, 2017)

trashpony said:


> Yes, because a lot of people decided to apply for a Visa and didn't even get that far.


The way I read that statistic was people rejected at the border. I may have been wrong.



trashpony said:


> What evidence of this is there? How are they carrying out these 'random checks' given they don't have access to the PNC?


Know of someone turned back at airport with old (but quite serious conviction).
There's also comments on this very thread by people that have been questioned and bollocked about previous convictions (but ultimately let through).
They do have access - through interpol.
I know the plural of anecdote is not data but based on this it's clear they do (very) occasionally check (via Interpol).



trashpony said:


> Evidence?


Read it in an article a while back about reciprocal agreements. Mostly to do with how the US made more demands of us than they were prepared to give. The actual specifics of PNC access was hidden until someone made the effort to make a FOI request. If the situation changes it will stay hidden until someone else does another FOI.



trashpony said:


> It is an absolute given you'll get through if you tick no. It really isn't if anyone follows your idiotic advice. You do appear to be the first person to come along in years with 'honesty is really the best policy' advice so I commend you for that.


It's not an absolute given just statistically very small.
It's far from idiotic, to paraphrase what I was saying : if the consequences of being denied entry are dire, and you think you'll get through the interview, then you should seriously consider going Visa.

Like I said, if you're not arsed go for it. Statistically you won't have a drama.


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## trashpony (Nov 15, 2017)

But if you've committed a serious crime, you won't get through the interview. And if you haven't, you may or may not. Whereas if you have committed a minor misdemeanour, you may or may not get through the interview but you *will* get through on ESTA. 

The statistics are indeed for people turned away at the border. Not for all the thousands of other who decided to fess up and got turned away before they'd even got on the plane.


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## Oddball (Nov 15, 2017)

2hats said:


> Except it’ll be obvious when ESTAs are being swiftly rejected in the cases of applicants with checkered pasts they themselves have not disclosed.


Good point.


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## Oddball (Nov 15, 2017)

trashpony said:


> But if you've committed a serious crime, you won't get through the interview. And if you haven't, you may or may not. Whereas if you have committed a minor misdemeanour, you may or may not get through the interview but you *will* get through on ESTA.


That's why they have the interview - to determine each case on it's merits. I know people with drugs convictions successfully getting through.

I didn't intend to muddy the waters or cause a big debate. It seems, based on the limited evidence at our disposal, the chances of being caught are extremely small. But don't be under any illusion that it is a zero chance or will continue to be small. All I'm saying is people need to make a decision based on the level of risk they are willing to take.


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## caluma10 (Nov 22, 2017)

Hi all new member here,

I know this has been done to death however the only answers I can find to my specific situation are from 5+ years ago and I am not sure if US/UK data sharing has changed from then.

So I am thinking of doing the visa wavier despite having been arrested: I was arrested 3 times when I was aged 15 years 10 years ago for theft (x2) and fighting (ABH)  (young and stupid I know), I got warnings on all 3 occasions but no convictions or court cases. As far as I know this means I have a police record but not a criminal record, I haven't had any dealings with the police whatsoever as an adult.

So my question, can USA border force access police records and what are the chances of them finding out about my arrests as a 15 year old if I haven't declared them?

Thanks in advance


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## ddraig (Nov 22, 2017)

it's the same answer!


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## skyscraper101 (Nov 22, 2017)

One other reason not to get a VISA and instead go for an ESTA if you can, is that BA won't let you check in online with a VISA going to the US, you have to get checked in at the airport. This is a pain in the arse and it means that all the best seats are gone by the time you check in


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## caluma10 (Nov 22, 2017)

ddraig said:


> it's the same answer!



What answer it that? 

I'm guessing from the majority of the answers that I won't get caught however wanted to say my exact situation before deciding on risking it or not


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## 1927 (Nov 22, 2017)

caluma10 said:


> What answer it that?
> 
> I'm guessing from the majority of the answers that I won't get caught however wanted to say my exact situation before deciding on risking it or not


Your circumstances are not unique tho in the large scheme of things, just lie on the ESTA and keep your mouth shut. all will be ok.

Or, and this is a novel idea, read the fucking thread.


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## caluma10 (Nov 22, 2017)

Thanks 27, I will try and not be lazy next time...


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## Bahnhof Strasse (Nov 23, 2017)

skyscraper101 said:


> One other reason not to get a VISA and instead go for an ESTA if you can, is that BA won't let you check in online with a VISA going to the US, you have to get checked in at the airport. This is a pain in the arse and it means that all the best seats are gone by the time you check in



Fly with Virgin, they allow you to enter your visa number and check in...


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## skyscraper101 (Nov 23, 2017)

Bahnhof Strasse said:


> Fly with Virgin, they allow you to enter your visa number and check in...



Ah thanks, useful. It’s for reasons like this I’ve never been able to accrue any kind of meaningful loyalty status with an Airline. I used to fly Virgin occasionally but their IFE system was whack and the food/service pretty terrible until recently. For a while I went with Air New Zealand to LA who were the nicest but their loyalty scheme was only useful if you lived in NZ so I have a bunch of points which I can use on a regional NZ flight but not enough for the only route I use them for which is London to LA.

BA made the most sense as I can accrue miles with them more easily if I’m going to Europe or Asia but as I seem to be more in the US these days I’ve occasionally chanced on other airlines. I haven’t used Virgin in a year or so but last time I did they were better than BA and had newer Boeing Dreamliner stock with live TV and Wi-fi onboard so I’m more inclined to fly with them again now. I’ll basically never get any status though because I’ll never fly enough to make it worthwhile.

</first world problems>


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## Bahnhof Strasse (Nov 23, 2017)

You used to go to LA a not, no? Air New Zealand is (IMO) the best airline in the world in eco, premium and business. You could have signed up to Lufthansa's Miles & More and earned point on NZ, also on United, Lufthansa, Austrian, Swiss, Singapore, Thai, South African...

BA's TV on the dreamliner has the same shite content as all their other aircraft (live wi-fi TV when working aside), NZ gives you a squillion films, BA gives you Bridget Jones and some old episode of Friends.

I'm flying BA to the states next month


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## skyscraper101 (Nov 23, 2017)

Bahnhof Strasse said:


> You used to go to LA a not, no? Air New Zealand is (IMO) the best airline in the world in eco, premium and business. You could have signed up to Lufthansa's Miles & More and earned point on NZ, also on United, Lufthansa, Austrian, Swiss, Singapore, Thai, South African...
> 
> BA's TV on the dreamliner has the same shite content as all their other aircraft (live wi-fi TV when working aside), NZ gives you a squillion films, BA gives you Bridget Jones and some old episode of Friends.
> 
> I'm flying BA to the states next month



I still do occasionally but not as often now, for a while I was only using Air NZ and had silver status but I couldn’t transfer the points to my United MileagePlus account because my flights were booked online my myself and not on a code that made the points eligible for transfer.

That’s when I got fucked off with them and decided that the whole points game was bullshit, so I started getting more into gaming the system with credit cards a la points guy. But then I just got fed up with it all anyway and stopped living in America so it was moot.

Apols for massive derail.


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## wiskey (Nov 23, 2017)

I've only ever been on one long haul trip in my life.

It was to America though so I still feel qualified to answer ALL the visa questions on this thread


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## Bahnhof Strasse (Nov 23, 2017)

OK, not read the thread, but have applied for FOUR Estas and answered NO to each question, thing is in 1990 I got a parking ticket from Hounslow Council which I successfully challenged, but does that fall under Moral Turpitude? I only ask cos...




Do they have access to Hounslow Council's parking database from the early 90's? I bet they do, that's why it's not authorized...


----------



## JimW (Nov 23, 2017)

Bahnhof Strasse said:


> ....
> Do they have access to Hounslow Council's parking database from the early 90's? I bet they do, that's why it's not authorized...


Don't be ridiculous... they'd never take the risk on such a hit-and-miss approach; Hounslow have had a dedicated officer enforcing unpaid parking fines embedded with border security at every major US airport for thirteen years now.


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## Bahnhof Strasse (Nov 23, 2017)

(((my dream holiday)))


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## twentythreedom (Nov 23, 2017)

Bahnhof Strasse said:


> OK, not read the thread, but have applied for FOUR Estas and answered NO to each question, thing is in 1990 I got a parking ticket from Hounslow Council which I successfully challenged, but does that fall under Moral Turpitude? I only ask cos...
> 
> View attachment 121150


They're probably onto this thread by now anyway (Google rankings) and the CIA will have worked out your IRL ID and consequently are going to refuse you entry on the grounds of you being a shady cunt


----------



## Bahnhof Strasse (Nov 23, 2017)




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## Bahnhof Strasse (Nov 23, 2017)

Heh, just had an email asking if I knew twentythreedom , when I replied no, this happened...



Spoiler: Go USA


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## twentythreedom (Nov 23, 2017)

I'm pretty certain they just want to trick you into treading on US soil so they can lock you up in a supermax jail for 700 years because of your moral degeneracy

Enjoy your holiday


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## Teaboy (Nov 23, 2017)

Bahnhof Strasse said:


> (((my dream holiday)))



Presumably you've already spent several grand on a non-refundable holiday before addressing this issue?  This seems to be crucial for some reason.


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## caluma10 (Nov 29, 2017)

Okay so I did post a question which I felt wasn't generic but turned out to be (and was quite rightly brought up on that by 1927 for not reading the thread).

However after actually reading the thread properly I have noticed one or two comments mentioning that you will be fine if your white Anglo Saxon.

I am not white but mixed race (half white half black but not very dark) does anyone think this will effect me getting through or is anyone on here not white and has got through without problems? 

Thanks 

*apologies if this has been asked, I have looked over the thread properly this time and can't see anything


----------



## editor (Nov 29, 2017)

caluma10 said:


> Okay so I did post a question which I felt wasn't generic but turned out to be (and was quite rightly brought up on that by 1927 for not reading the thread).
> 
> However after actually reading the thread properly I have noticed one or two comments mentioning that you will be fine if your white Anglo Saxon.
> 
> ...


I don't think that comment is entirely serious, but to repeat what everyone has been saying for, well, years here. The border police do not have direct access to your records. You don't have an actual criminal record (minor police warnings don't count) so you'll be fine anyway. Enjoy your holiday.


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## Silas Loom (Nov 29, 2017)

editor said:


> I don't think that comment is entirely serious, but to repeat what everyone has been saying for, well, years here. The border police do not have direct access to your records. You don't have an actual criminal record (minor police warnings don't count) so you'll be fine anyway. Enjoy your holiday.



Cautions do form part of a criminal record, although of course the US authorities do not have direct access to them.


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## editor (Nov 29, 2017)

Silas Loom said:


> Cautions do form part of a criminal record, although of course the US authorities do not have direct access to them.


Not sure if juvenile cautions would ever make it across the Atlantic though?


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## Silas Loom (Nov 29, 2017)

editor said:


> Not sure if juvenile cautions would ever make it across the Atlantic though?



There are circumstances under which they might, but an ESTA request isn't going to be one of them - unless he's on some very exclusive lists of banned returners.


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## editor (Nov 29, 2017)

Silas Loom said:


> There are circumstances under which they might, but an ESTA request isn't going to be one of them - unless he's on some very exclusive lists of banned returners.


The US authorities often request we send them a list of urban75 banned returners but we always say no.


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## Bahnhof Strasse (Nov 29, 2017)

caluma10 said:


> Okay so I did post a question which I felt wasn't generic but turned out to be (and was quite rightly brought up on that by 1927 for not reading the thread).
> 
> However after actually reading the thread properly I have noticed one or two comments mentioning that you will be fine if your white Anglo Saxon.
> 
> ...




Being white Anglo Saxon (especially if you look like you have a few quid in your pocket) and they roll out the red carpet. But they have no issue with mixed race or any other skin tones. They do have an issue with people possibly coming for work and not business/holiday, so if you look like an African goat herder you may have some questions to answer.

Hope you have a lovely holiday, please do report back on how it went, both the border and your hols


----------



## Razor-Lillith (Nov 29, 2017)

Hi all,

I'm new here but have gone through the thread and others on different sites but have always been ignored or given a stupid answer.

I'm just looking for some reassurance and extra information or dvice in my paricular case.

The story is that my girl came here from the USA and is going through the UK home office on medical grounds for Discretionary leave to remain.
It is likely that she will be denied which will require us to go to the USA at short notice with limited funds in order to be together.

I plan to gain entry with our cat and dog via ESTA, two way ticket and diary in possesion (To document and show commitments in the UK which I'd need to return).

The trouble is that I have a criminal record.

2015 - Theft By Housebreaking
2011 ? - Wreckless Fire Raising
Before then I've had Driving without license or insurance (When 17)
And inbetween I've had many spot fines for open alcohol containers and a fine for shoplifting.
The housebreaking was the last time I found myself in bother and the charges are not what they sound out to be, it was all through the head of alcohol sadly, although I've matured and left the bottle alone now.

Once I do gain entry, I plan to marry my love who came all the way here for me just to go through our immigration process and all the stresses of it.

I then plan to file for an Adjustment of Status and green card.

I can prove my crimes were not of moral turpitude, it wa due to alcohol problems and mental health issues which are problems of the past and prove it through the mitigtion of the crimes in court.

The problem is proving that to them and if taking our much loved pets with us will cause suspicion to CBP.

I plan to do this in a timely manner and was wanting some advice if possible.

I'm in a very unique situation in very unique circumstances.

Also, I can provide plenty of evidence of hardships if I were to be removed also as I have everything documented and have a lawyer to provide the mitigation of the offences and convictions.

I have tried to gauge my situation with the posts already made here and apologise if I have missed anything that would spell it all out to me.

Thanks in advance

Razor-Lillith


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## 1927 (Nov 29, 2017)

Whether you get in or not have you not considered that once you apply for a change of status the US authorities are going to want a lot more information? at which point it will show that you lied about previous convictions on esta and get you booted out anyway in all likelihood.


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## nogojones (Nov 29, 2017)

I reckon you'll be fine if you keep your mouth shut. Dunnno about applying for greeen cards or how any of that works though.

Can I ask... did getting the nickname Razor have anything to do with your offences?


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## wiskey (Nov 29, 2017)

Be aware that someone I know went to the states and married a US citizen, they left the country to go on holiday and when they tried to board the return flight to America he was unceremoniously deported to Britain (where he was stuck for 9mo trying to apply for the right visa). So get your adjustment of status sorted.

Also I believe that they treat you differently if they think you planned the marriage before you arrived in the US.

I would do a lot of Reading up and perhaps consult an immigration specialist, because if she has been refused a visa here, and you refused one there you will have problems.


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## Supine (Nov 29, 2017)

Hi all. I've read the thread but not sure my exact situation has been addressed so advice please. 

I've been working on the isle of Sheppey for the last week. Will I need a visa or esta to get a train to sittingbourne?


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## wiskey (Nov 30, 2017)

Supine said:


> Hi all. I've read the thread but not sure my exact situation has been addressed so advice please.
> 
> I've been working on the isle of Sheppey for the last week. Will I need a visa or esta to get a train to sittingbourne?


Quarantine I suspect


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## Razor-Lillith (Nov 30, 2017)

Thanks for replying, Nogojones, its actually the name of my dog I rescued and Lillith being the cat lol.
But thank you all for replying.

I would be going over on the basis of assisting my girlfriend back to the US with the animals and for touring purposes for two weeks.

There wont be no wedding dresses, rings or any talk of weddings or proposals to lead them to suspect anything.

ESTA permits for 90 Days and read the best time to marry without being suspected of having premeditated intentions of marrying would be around the 70 day mark, which gives plenty of time to act upon filing for an adjustment of status.

When all is in motion, I will be honest about all the nonsense I've been convicted of, I have never done jail time which is of a benefit I believe.

The hardships are not exagerated and have them all documented from the current immigration process which is still going on.

I can prove my convictions were not of evil intent and I know the little lie on ESTA can be waived.

I can do all that but the thing is that will they be able to do all that for me or ship me back here at the drop of a hat.

I'm very nervous about losing my girl and being returned here.


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## 1%er (Nov 30, 2017)

Razor-Lillith Having read you post I think you need to be very careful, when you apply to adjust your status after the marriage, you will need to provide a CRO check from the country that issued your passport and any other country you have lived in that you tell them about. In your post 1711 above you mention a number of crimes and I think your criminal record will make you inadmissible and you are likely to be denied the right to stay. Also being untruthful on the ESTA is considered very serious and I think it is highly unlikely it will just be waived.

If I had more time I'd be able to give a better answer but I need to go out and if I remember I'll give a more detailed answer when I return.


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## existentialist (Nov 30, 2017)

Razor-Lillith said:


> Thanks for replying, Nogojones, its actually the name of my dog I rescued and Lillith being the cat lol.
> But thank you all for replying.
> 
> I would be going over on the basis of assisting my girlfriend back to the US with the animals and for touring purposes for two weeks.
> ...


I'm in no position to speak from any authority beyond what I've read on this thread, but it seems to me that the basic premises are these:

The US does not have routine access to foreign police forces' crime databases. Therefore, unless your offence was extremely serious, or you're on some kind of watch list, if you don't tell the US about your criminal record, they won't know, at least as far as turning up at the airport with a clean ESTA. BUT, if you tell the US authorities about any convictions, they will then know about them, and (I presume) record them. Likewise if you make a statement to them denying you have convictions, and they later discover otherwise, they have a record of your claim to have no criminal record, and will be able to see that you did not tell the truth.

From what I gather, lying on an official form counts quite seriously. I suspect if they find someone has lied, they're going to ask "what else hasn't he told us the truth about?", and it's going to get in the way of your entry to the country, or right to remain (and a conveniently-timed wedding might arouse even more suspicion).

I imagine that the background checks for an immigration application are going to be a lot more in-depth than those for a short-term visa, so you can probably expect some kind of DBS-style check (the vetting process used for people in high-risk jobs), which will be likely to reveal all: the enhanced check shows even lapsed convictions.

I can see the temptation to just fill in the ESTA "no convictions", but you do need to have a care about how things are going to go in the future. If you do that, you will have the short-term gratification of being able to go to your girlfriend's homeland. But the price you will pay is that, if there is any question of your applying for any other status, it's going to come back and bite you. If you know that you are planning on applying for leave to remain, you really can't afford to risk being caught lying on the ESTA.

The US seem to have something of a "deport first, ask questions later" approach to things, so you need to ask yourself whether you're prepared to risk that outcome. Remember that immigration stuff isn't like the criminal law, where you're generally presumed innocent until proven guilty; this is "remove them", and that's about it. So it won't be much fun.

And you'd be looking over your shoulder for years to come, wondering if this was the day your past caught up with you. 

I think you have to have a good look - probably with legal help - at how you can sort this out before you do something that completely scuppers the whole thing. And that probably includes travelling to the USA .


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## Bahnhof Strasse (Dec 6, 2017)

Razor-Lillith said:


> Thanks for replying, Nogojones, its actually the name of my dog I rescued and Lillith being the cat lol.
> But thank you all for replying.
> 
> I would be going over on the basis of assisting my girlfriend back to the US with the animals and for touring purposes for two weeks.
> ...



Before you take this course of action speak (and pay for) an immigration lawyer. My gut instinct is they’ll kick you out and won’t let you back in, but no one on this thread is an immigration lawyer, so can’t recommend speaking with one enough.


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## SparkiJasper91 (Dec 9, 2017)

Hello everyone!

Really good thread with loads of information which has sort of put my mind at ease! I think I know the advice/choice I should make but wanted to post my situation anyway - feel free to reply d**khead read the post! I have read quite a lot but I’m a bit of an over thinker and over worrier!

I was cautioned back in September last year for possession with intent to supply a class A drug. Not one of my proudest moments or something I’ve shouted about obviously but I’m due to visit New York in a couple of months - am I right in thinking say no to all via the ESTA process and on the plane and act normal at border control? Queue: d**ckhead read the post replies...

The caution sounds much worse than the situation, I’m not a drug trafficker or master mind of a drug empire! I was lucky to get the caution and the Police were on my side as much as they could be really. Still mortified about it all though as the reality of the situation most people at the time were probably doing the same thing!

Backstory: I was at at NYE party with a small amount of stuff I’d bought, that was shared with 3 other people which they put toward. One of the people at the party past away a week later, it was not the drugs (coroners report proved that) it turned out they were extremely unwell and had known a year there time was coming up - massive shock. They collapsed (no warning) and were admitted to hospital, when this happened we obviously told them about NYE shenanigans as we needed them to do all they could! That then involved Police obviously and statements were taken. Sh**ty time overall really, lost an amazing person and whilst trying to grieve had the Police side of it all overhanging for 9 months! Didn’t have to explain this but have already so yep! Hoping to get a positive response, or d**ckhead is also fine!


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## Shechemite (Dec 9, 2017)

HOW IS THIS THREAD STILL GETTING NEW POSTS?!


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## wiskey (Dec 9, 2017)

SparkiJasper91 said:


> d**ckhead read the post replies...



This...

... Having said that a drugs conviction/caution is a drugs conviction/caution, you might have been unlucky in the grand scheme of things but nobody in customs is going to care about how hard done by you have been.... (sorry about your mate though). 



SparkiJasper91 said:


> am I right in thinking say no to all via the ESTA process and on the plane and act normal at border control



Yes.


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## wiskey (Dec 9, 2017)

MadeInBedlam said:


> HOW IS THIS THREAD STILL GETTING NEW POSTS?!


Weird isn't it, I can't think of a single reason I'd want to go to the USA. I really don't get the attraction.


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## SparkiJasper91 (Dec 9, 2017)

Sorry MadeInBedlam - posted as saw there had been some recent activity. I pretty much knew the answer I was going to get but posted as I’m an over thinker and over worrier!

Thanks wiskey - it was only a caution, I didn’t get convicted (not that it makes it any better obviously). I was told I was under arrest whilst giving my statement but also told I was free to leave at anytime, I told the truth as I had enough on at the time and to be honest!

I’ve tried to forget that part of my life as much possible - it wasn’t great. When I saw the question on the ESTA it brought it all back and boom - PANIC! Then the googling began! When I recieved my caution my DNA, finger prints and mugshots were taken, I was told they’d be held in the PNC and I had to sign to agree to my caution.


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## wiskey (Dec 9, 2017)

SparkiJasper91 said:


> When I recieved my caution my DNA, finger prints and mugshots were taken, I was told they’d be held in the PNC and I had to sign to agree to my caution



Yes but the PNC is not visible to the USA, remember that


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## SparkiJasper91 (Dec 9, 2017)

Yeah read that earlier too - cool, thanks again! I will update how I get on.


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## 1927 (Dec 9, 2017)

Dickhead. Read the thread.


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## OwentheBo (Dec 13, 2017)

100% know the answer, but a lot of knowledgeable people on here so I'd appreciate confirmation.

Wife is American, daughter is dual citizen. They live in the US and I live in the UK as I was convicted in 2010 for fraud. 

Spent a couple of years in prison and now I'm looking to join them.

I'm assuming if I declare they'll never let me in so the best option is to Esta and lie and fingers crossed?

According to a US lawyer once I'm in he can take it from them and bury them in human rights appeals if they try and send me back one day.

That's my thoughts but any knowledge I'd appreciate it.


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## joustmaster (Dec 13, 2017)

OwentheBo said:


> ...but a lot of knowledgeable people on here...


why do you think that?


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## TruXta (Dec 13, 2017)




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## existentialist (Dec 13, 2017)

OwentheBo said:


> 100% know the answer, but a lot of knowledgeable people on here so I'd appreciate confirmation.
> 
> Wife is American, daughter is dual citizen. They live in the US and I live in the UK as I was convicted in 2010 for fraud.
> 
> ...


You're very fortunate - you won't even have to read the whole thread, as there has been a discussion in just the last few pages of a broadly similar situation.

You might be slightly better off than him - perhaps, assuming you don't do anything crass like lie on an ESTA form, the immigration system has some mechanism whereby you can legally join your wife and daughter. But if you lie on the form, and it then transpires that you're planning to settle, you're probably screwed.

Immigration lawyer time, I would have thought.


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## 1%er (Dec 13, 2017)

SparkiJasper91 If you are really concerned about being rejected at the boarder fly from Ireland as you will be able to clear immigration at the airport before you leave, if you get past immigration in Ireland you will not have to face them again in the US

OwentheBo You are looking to join them and stay in the US not just visit, so much of the advise on this thread is no good for you. Once you apply to change your status in the US you will need to provide a criminal records check, so your lie on the ESTA will come to light. As you have already spoken to a lawyer, I'd ask them if being untruthful on your ESTA will be held against you. It is important that people understand that an ESTA is not a visa, it is just permission to travel. 

I know a number of people who have been able to live with their family in the USA who also have criminal convictions, don't compound your problem and see if your lawyer can find a better way.


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## OwentheBo (Dec 13, 2017)

Thank you to all who have replied. I don't know if this is casual pub talk bollocks, but someone told me because my daughter is American she has a human right to see her father and cannot be punished for my mistakes and as it's not drugs or firearms I should have a good case.

I know you'll say lawyer time, but if I'm honest I've waited all this time because I know once I tell them there is no going back. They'll know and will probably fuck me over.


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## TruXta (Dec 13, 2017)

OwentheBo said:


> Thank you to all who have replied. I don't know if this is casual pub talk bollocks, but someone told me because my daughter is American she has a human right to see her father and cannot be punished for my mistakes and as it's not drugs or firearms I should have a good case.
> 
> I know you'll say lawyer time, but if I'm honest I've waited all this time because I know once I tell them there is no going back. They'll know and will probably fuck me over.


I think that bit about your daughter's rights is bullshit unfortunately.


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## existentialist (Dec 13, 2017)

OwentheBo said:


> Thank you to all who have replied. I don't know if this is casual pub talk bollocks, but someone told me because my daughter is American she has a human right to see her father and cannot be punished for my mistakes and as it's not drugs or firearms I should have a good case.
> 
> I know you'll say lawyer time, but if I'm honest I've waited all this time because I know once I tell them there is no going back. They'll know and will probably fuck me over.


The thing is, you're dealing with a government's immigration policy here. Most Western governments make policy in the face of strong pressure from citizens to stop "them" coming in to "our" country. That's ridiculously general, often inaccurate ("they" can often be significant contributors, etc), and very unfair. But them's the rules. And the US is particularly and notoriously uptight about who they let in - even if the UK is doing its best to give them a run for their money.

And one thing they absolutely can't stand is when "they" (non-citizens) tell lies to get in. From what I can tell reading around elsewhere, there is scope for restricted visas to be issued where people have a previous conviction, so all is not completely lost. It's a bit of a gamble, because once you've gone down the visa route, there's no chance of sneaking in.

And, if you were talking about a 2 week trip to Disneyland, lots of people here would be saying "lie on the ESTA and take the (small) risk". But you're not - presumably, your plan is to settle with your wife and daughter. Which is going to mean filling in immigration forms and revealing all kinds of stuff about your history - which means it is highly unlikely that your conviction will escape notice. And if there's any whiff of anything dubious, given that you already have a conviction for fraud, of all things, I suspect that they'll just assume everything else you're telling them is bollocks, and slam the door shut on you. This is one of those situations where honesty really is the best policy.

Your only real option is to square all that away _before_ you go, and if you're refused, perhaps then you can appeal on compassionate grounds.

Unless you're planning on getting in any old how, and staying there as an illegal alien, which means pretty much no access to anything legal - you'll be a non-person, in every sense of the word, probably including health insurance, etc - and a lifetime of looking over your shoulder to wonder if today's the day the immigration people catch up with you. You won't be able to get a proper job, because you won't have a social security number, so you'll be stuck with illegal employment on the black, with all the exploitation and insecurity that implies. Probably not an ideal model to be demonstrating to your daughter, either.


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## OwentheBo (Dec 13, 2017)

Existentialist I think you've said it all there and have given me the slap in the face I need.

Much appreciated.


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## krtek a houby (Dec 13, 2017)

wiskey said:


> Weird isn't it, I can't think of a single reason I'd want to go to the USA. I really don't get the attraction.



It's a big,beautiful, mad and bad continent. The musical heritage, the wow factor... all that. Not to everyone's tast, obvs. Oh and family (for me).


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## 1%er (Dec 13, 2017)

OwentheBo said:


> Thank you to all who have replied. I don't know if this is casual pub talk bollocks, but someone told me because my daughter is American she has a human right to see her father and cannot be punished for my mistakes and as it's not drugs or firearms I should have a good case.
> 
> I know you'll say lawyer time, but if I'm honest I've waited all this time because I know once I tell them there is no going back. They'll know and will probably fuck me over.


I was writing an answer but @existentialist has covered much of what I had written, so just a few facts. 

For sure it is just pub-talk about you having rights if your child is a US Citizen, if it were true the millions of people deported every year who have children that are US citizens would be allowed to stay.

You say in post 1729 that you were convicted of fraud in 2010, fraud is covered as a crime of "moral turpitude" so you are more than likely to be ineligible for the ESTA program (but there are exceptions and it depends on what type of fraud) and you need to be fully aware that it is a criminal offense to provide false information for the purposes of obtaining a ESTA, it is also a crime to lie to a federal officer, so you would be committing two serious crimes, as well as on the ESTA you would also have to lie to the immigration offices at the point of entry, you must think about how that could effect any future application. 

Again as existentialist mentions above living in the US as an illegal isn't a great option, if you are caught you may well be banned from re-entry for 10 years, as is often the case. It only takes a traffic stop or any small interaction with the police there for them to find you are illegal, there computer systems are well linked, unlike in the UK where people can work on a temporary NI number for 20 years.

All is not lost, I know people who have be able to move to live with their family in the US who have had criminal convictions, but you really do need to speak with an immigration lawyer who will be able to give you the full picture and explain your options.

Good luck I hope you find a way to move there


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## Bahnhof Strasse (Dec 13, 2017)

The daughter thing kind of works for someone wishing to settle in the EU, the US has no such ruling though.

Fraud is much better than drugs or terrorism though; generally they will tolerate you if you are a risk to an individual, drugs & terror are seen as risks to society as a whole and are therefore frowned upon much harder.


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## Teaboy (Dec 13, 2017)

OwentheBo said:


> According to a US lawyer once I'm in he can take it from them and bury them in human rights appeals if they try and send me back one day.



This line caught my attention.  It appears that a lawyer has suggested that if you're caught in the country illegally they'll be able to put in appeal after and appeal to postpone deportation.  That sounds like a very expensive and stressful experience.


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## equationgirl (Jan 2, 2018)

Teaboy said:


> This line caught my attention.  It appears that a lawyer has suggested that if you're caught in the country illegally they'll be able to put in appeal after and appeal to postpone deportation.  That sounds like a very expensive and stressful experience.


And if the person is in an immigration detention centre, fuck all use anyway. It would just prolong the agony.


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## mazinmac (Jan 11, 2018)

Hi there 

Please if anyone could assist I would be truely grateful. I have a DUI conviction from 9 years ago. I got a 1 year ban reduced to 9 months after I attended a course. I have no other convictions. I applied for the ESTA to go on a 2 week holiday and ticked no to all the boxes because I was told a DUI is not classed as moral turpitude and it would be ok. I got a reply from ESTA saying my application was successful. However now I read things that say I need a VISA? Can anyone give me some genuine feedback/guidance please. 

Many thanks in advance


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## 1927 (Jan 11, 2018)

READ THE FUCKING THREAD!


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## existentialist (Jan 11, 2018)

mazinmac said:


> Hi there
> 
> Please if anyone could assist I would be truely grateful. I have a DUI conviction from 9 years ago. I got a 1 year ban reduced to 9 months after I attended a course. I have no other convictions. I applied for the ESTA to go on a 2 week holiday and ticked no to all the boxes because I was told a DUI is not classed as moral turpitude and it would be ok. I got a reply from ESTA saying my application was successful. However now I read things that say I need a VISA? Can anyone give me some genuine feedback/guidance please.
> 
> Many thanks in advance


Read a few pages of the thread, and take a wild guess at what the answer to your question is likely to be.

We'll tell you if you're right


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## existentialist (Jan 11, 2018)

1927 said:


> READ THE FUCKING THREAD!


Or this


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## 1927 (Jan 11, 2018)

If you want to apply for a visa despite everything you’ve been told  Go ahead, you probably won’t get in, but i’m past caring now. If people can’t be arsed to read the thread why should I worry.


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## wiskey (Jan 11, 2018)




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## JimW (Jan 11, 2018)

No way to pin some boilerplate reply to the top of page one?


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## existentialist (Jan 11, 2018)

JimW said:


> No way to pin some boilerplate reply to the top of page one?


That'd be no fun.


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## mazinmac (Jan 12, 2018)

Thank you very much for all your help! 

So can I just confirm that when they scan my passport in the US then no crimsons convictions are going to pop up and alert them? Again apologies if that’s a silly question


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## existentialist (Jan 12, 2018)

mazinmac said:


> Thank you very much for all your help!
> 
> So can I just confirm that when they scan my passport in the US then no crimsons convictions are going to pop up and alert them? Again apologies if that’s a silly question


The US do not have routine access to UK crime databases, so nothing is going to pop up. Simply put, they only know what you have told them.


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## Supine (Jan 12, 2018)

Or they will send you to Guantanamo. TBH we are never sure what happened to the disappeared from this thread.


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## TruXta (Jan 12, 2018)

Supine said:


> Or they will send you to Guantanamo. TBH we are never sure what happened to the disappeared from this thread.


Anal probes for EVERYONE


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## 1%er (Jan 12, 2018)

mazinmac said:


> Hi there
> 
> Please if anyone could assist I would be truely grateful. I have a DUI conviction from 9 years ago. I got a 1 year ban reduced to 9 months after I attended a course. I have no other convictions. I applied for the ESTA to go on a 2 week holiday and ticked no to all the boxes because I was told a DUI is not classed as moral turpitude and it would be ok. I got a reply from ESTA saying my application was successful. However now I read things that say I need a VISA? Can anyone give me some genuine feedback/guidance please.
> 
> Many thanks in advance


Yes you do need a Visa, the ESTA is just permission to travel. But as you are traveling from a country that allows you to apply for an ESTA you will normally be granted your visa on arrival. You will be asked some questions and have your fingerprints and photo taken, as long as you reply NO to questions about any criminal convictions you are more than likely to be granted a visa.

NB make sure you fill-in completely any documents you are given on the plane including a valid address where you will be staying.


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## mazinmac (Jan 12, 2018)

existentialist said:


> The US do not have routine access to UK crime databases, so nothing is going to pop up. Simply put, they only know what you have told them.



Thank you. I have read that they access a “Interpol database” this is where they are gaining information on everyone entering the US. Is this not the case? I have also read that a DUI isn’t on the conviction list so I wouldn’t be denied entry 

Many thanks


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## TruXta (Jan 12, 2018)

mazinmac said:


> Thank you. I have read that they access a “Interpol database” this is where they are gaining information on everyone entering the US. Is this not the case? I have also read that a DUI isn’t on the conviction list so I wouldn’t be denied entry
> 
> Many thanks


Are you wanted by interpol?


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## joustmaster (Jan 12, 2018)

mazinmac said:


> Thank you. I have read that they access a “Interpol database” this is where they are gaining information on everyone entering the US. Is this not the case? I have also read that a DUI isn’t on the conviction list so I wouldn’t be denied entry
> 
> Many thanks


Did your DUI involve genocide or child porn? Did you somehow launder money for an international crime syndicate during your drunken driving spree?
If not the you don't need to worry about Interpol

Although I do like their first album


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## TruXta (Jan 12, 2018)

joustmaster said:


> Although I do like their first album


OUT! NOW!


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## mazinmac (Jan 12, 2018)

joustmaster said:


> Did your DUI involve genocide or child porn? Did you somehow launder money for an international crime syndicate during your drunken driving spree?
> If not the you don't need to worry about Interpol
> 
> Although I do like their first album


 
Haha so sorry I’m so new to this and just don’t want to let my family down when we arrive but I reallY do appreciate your answers. So I obviously won’t be on no Interpol. I caused no accidents or harm to anyone so no other conviction charge with the DUI


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## existentialist (Jan 12, 2018)

mazinmac said:


> Haha so sorry I’m so new to this and just don’t want to let my family down when we arrive but I reallY do appreciate your answers. So I obviously won’t be on no Interpol. I caused no accidents or harm to anyone so no other conviction charge with the DUI


For goodness' sake, don't even THINK about your conviction, even quietly, while you're going through. It isn't relevant, unless YOU make it relevant. 

And remember that, whatever your dear old mum might have said, honesty is not always the best policy.


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## Jupiter212 (Jan 12, 2018)

Hi all new here, 
There’s been loads of good advice on here. My partner has over 20 arrests on his record over 20 years. 4 prison sentences the last one 2007, the others were minor drunk and disorderly, petty thefts and football violence. We were thinking of him going for a VISA until I saw this thread, now He’s going to risk it, were going to Disney with our kids and family (which hopefully will not attract them to him being a criminal and see him as a normal family man lol) but we are worried that if he gets caught what happens then? Does he just get sent straight back? He won’t go to jail over in the US will he? We are willing to risk it and him just being deported straight back and fined but really wouldn’t like him being sent to a US jail. Thanks


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## Shechemite (Jan 12, 2018)

Tell them everything. It will be a weight lifted.


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## 1927 (Jan 12, 2018)

MadeInBedlam said:


> Tell them everything. It will be a weight lifted.


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## editor (Jan 12, 2018)

Jupiter212 said:


> Hi all new here,
> There’s been loads of good advice on here. My partner has over 20 arrests on his record over 20 years. 4 prison sentences the last one 2007, the others were minor drunk and disorderly, petty thefts and football violence. We were thinking of him going for a VISA until I saw this thread, now He’s going to risk it, were going to Disney with our kids and family (which hopefully will not attract them to him being a criminal and see him as a normal family man lol) but we are worried that if he gets caught what happens then? Does he just get sent straight back? He won’t go to jail over in the US will he? We are willing to risk it and him just being deported straight back and fined but really wouldn’t like him being sent to a US jail. Thanks


On the unlikely chance they pick up on his past, he'd just be refused entry to the country. Even America can't jail people who have served out their sentences in a different country.

Well, for most of the time.


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## Jupiter212 (Jan 12, 2018)

editor said:


> On the unlikely chance they pick up on his past, he'd just be refused entry to the country. Even America can't jail people who have served out their sentences in a different country.
> 
> Well, for most of the time.



Thank you.
As long as they don’t send him to jail for trying to get in then it’s 100% worth it.
Do you think I’d be best to fly him out with me and the kids or on his own, or would he look more dodgey on his own


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## existentialist (Jan 12, 2018)

Jupiter212 said:


> Thank you.
> As long as they don’t send him to jail for trying to get in then it’s 100% worth it.
> Do you think I’d be best to fly him out with me and the kids or on his own, or would he look more dodgey on his own


Just do what you set out to do. Be a family going on holiday.


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## TruXta (Jan 12, 2018)

existentialist said:


> Just do what you set out to do. Be a family going on holiday.


Forever


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## 1%er (Jan 13, 2018)

Jupiter212 said:


> Thank you.
> As long as they don’t send him to jail for trying to get in then it’s 100% worth it.
> Do you think I’d be best to fly him out with me and the kids or on his own, or would he look more dodgey on his own


Fly from Ireland, they do all the paperwork before you get on the plane (immigration is at the airport in Ireland before you board), so if for some strange reason he is refused he will not have far to go to get home.


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## 1927 (Jan 13, 2018)

1%er said:


> Fly from Ireland, they do all the paperwork before you get on the plane (immigration is at the airport in Ireland before you board), so if for some strange reason he is refused he will not have far to go to get home.


And the gaols in Ireland are nicer than the US.


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## Jupiter212 (Jan 13, 2018)

thank you, we’ve just been looking into Ireland. We’re booked to go from Manchester, but if he’s asked he’s going to say we don’t know about it and he’s travelling out there to meet us and surprise us. Read a lot of good things about going from Dublin and like you said a lot said they’re loads nicer too. Thanks


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## 1927 (Jan 13, 2018)

Why isn't he flying with you?


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## Jupiter212 (Jan 13, 2018)

I’m worried that he will go all the way over there and get turned back then the kids will be upset seeing their dad turned away,
Thinking that if he flys from dublin it’s not as far to come back to England and can tell the kids he’s going somewhere else whilst we go to Florida.


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## Jupiter212 (Jan 13, 2018)

Do you think he’s best off flying with us? There’s 11 of us going and staying in Disney for 2 weeks?


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## trashpony (Jan 13, 2018)

You should all go together. It looks dodgy and weird if he goes separately


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## Jupiter212 (Jan 13, 2018)

trashpony said:


> You should all go together. It looks dodgy and weird if he goes separately


Ok, he was just going to say that he couldn’t get the time off work and they let him put in last minute holidays but he didn’t tell us... wish I was flying from Dublin now, sounds so much easier too to be fair.


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## trashpony (Jan 13, 2018)

Jupiter212 said:


> Ok, he was just going to say that he couldn’t get the time off work and they let him put in last minute holidays but he didn’t tell us... wish I was flying from Dublin now, sounds so much easier too to be fair.


Honestly, don't overcomplicate things by adding in another lie. Go together. You don't need to fly from Dublin


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## Jupiter212 (Jan 13, 2018)

Ok, thank you. I just don’t want our kids being upset if he gets turned away... might just tell them he’s travelling with us but can’t come in lol! Just incase lol


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## Jupiter212 (Jan 13, 2018)

Has anyone ever heard of anyone being turned away because of a criminal record? Or is it pretty much unheard of?


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## existentialist (Jan 13, 2018)

Jupiter212 said:


> Ok, he was just going to say that he couldn’t get the time off work and they let him put in last minute holidays but he didn’t tell us... wish I was flying from Dublin now, sounds so much easier too to be fair.


It's not about having a really good excuse, it's about doing nothing to arouse any interest in the first place. 

I suspect REALLY dodgy types would give their right arm to be travelling as an obviously connected member of a group of 11,including kids - why make it hard for yourselves?


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## existentialist (Jan 13, 2018)

Jupiter212 said:


> Has anyone ever heard of anyone being turned away because of a criminal record? Or is it pretty much unheard of?


People do get turned away because of a criminal record, but usually because they've been dumb enough to dob themselves in.


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## Jupiter212 (Jan 13, 2018)

existentialist said:


> It's not about having a really good excuse, it's about doing nothing to arouse any interest in the first place.
> 
> I suspect REALLY dodgy types would give their right arm to be travelling as an obviously connected member of a group of 11,including kids - why make it hard for yourselves?



Yeh your 100% right, there’s 4 children, a old lady of 74 as well so hoping they won’t even question us too much, we will all be wearing very pathetic matching Disney tshirts too.. lol thank you for your advice we wil Just all go together and hope for the best


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## existentialist (Jan 13, 2018)

And it probably goes without saying that as few of the party as possible should be aware that there is a possibility of a problem, or even that your OH has previous. What they don't know can't be written all over their happy, innocent little faces.


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## 1927 (Jan 13, 2018)

Jupiter212 said:


> Yeh your 100% right, there’s 4 children, a old lady of 74 as well so hoping they won’t even question us too much, we will all be wearing very pathetic matching Disney tshirts too.. lol thank you for your advice we wil Just all go together and hope for the best


Great idea, don't draw attention to yourself and it'll be far less likely that you get tugged at immigration!


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## Jupiter212 (Jan 13, 2018)

1927 said:


> Great idea, don't draw attention to yourself and it'll be far less likely that you get tugged at immigration!


Haha if you see the page I’m on on Facebook there’s over 200,00 people that go florida and they all wear mickey ears and marching tshirts so they’re used to it I’m sure lol


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## Jupiter212 (Jan 13, 2018)

Thanks again everyone


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## jackson (Feb 6, 2018)

Hi guys, I have read the thread but still not sure on best course of action.



I have single common assault conviction from about a year ago, which I was given 100 hr community service.  I also was deported from America twelve years ago when I was 18 (my family brought me there when I was a child illegally). 



Other than that I have lived in UK with no problems for over ten years and make a good income, have a nice job, etc.



That obviously rules out ESTA as I am automatically barred since I come up on the deportation DB, even if I were to lie about the conviction.



So next option is applying for a visa — what are the odds without a lawyer? I’m getting the impression the consensus is thats very unlikely. 



What about if I applied for a visa with a lawyer? anyone have any knowledge of this?



Finally, lets say I have access to a second passport  (visa waiver country) under a different name.



 If I entered over the Canadian border, filled in the I94W (or whatever the visa waiver form is), I would probably be fine right? I understand they fingerprint everyone on entry. 



Do they run it against their DB there and then? If so, that would be triggered by the deportation fingerprints from ten years ago. Or is that more just for their records, and like major terrorist checks or stuff?



Finally, if they caught me trying to enter with different passport, is there any chance I’d get arrested, or would they just turn me away at the border, and put a lifetime bar on my passport? 



Any help would really be appreciated. I have family in the USA illegally and really want to see them before they die :/


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## 1%er (Feb 6, 2018)

Were you deported twice? You say 12 years ago when you were 18 and also 10 years ago when they took your fingerprints.


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## jackson (Feb 6, 2018)

No only the once when I was 18. I rounded down the 12 years to 10


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## 1%er (Feb 6, 2018)

jackson said:


> No only the once when I was 18. I rounded down the 12 years to 10


Well that's good news, because if you were deported twice it is an automatic 20 year ban. For sure they will have your fingerprints on file and they will check against all reverent databases.


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## jackson (Feb 6, 2018)

So only realistic shot is probably to apply under my main passport with an immigration lawyer?


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## 1%er (Feb 6, 2018)

jackson said:


> So only realistic shot is probably to apply under my main passport with an immigration lawyer?


To apply for a B2 visa (tourist visa) you do not need to show a CRO document, but as you have been deported in the past they may well ask for such a document, I think speaking to a lawyer is your best bet.

Edit because a CRO isn't listed as a required document, you may still be asked to supply one. Also if you have been denied a ESTA they may also ask for one.


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## Bahnhof Strasse (Feb 9, 2018)

Lawyers make no difference to whether the accept your application or not. They can advise on the best visa to apply for  etc. 

If you can have a passport in a different name, one that is legitimately yours (deed-poll, name change via marriage etc.) they have no way of knowing...


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## 1%er (Feb 9, 2018)

Bahnhof Strasse said:


> Lawyers make no difference to whether the accept your application or not. They can advise on the best visa to apply for  etc.
> 
> If you can have a passport in a different name, one that is legitimately yours (deed-poll, name change via marriage etc.) they have no way of knowing...


Lawyers in most cases will have a better understand of the system so are likely to make less mistakes with forms and process, that's why I'd use one if I were in Jackson's position.

As for having a passport in a different name, that will be of no help if your fingerprints are on file as they are in jackson's case.


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## Bahnhof Strasse (Feb 9, 2018)

1%er said:


> Lawyers in most cases will have a better understand of the system so are likely to make less mistakes with forms and process, that's why I'd use one if I were in Jackson's position.
> 
> As for having a passport in a different name, that will be of no help if your fingerprints are on file as they are in jackson's case.



Yeah, a lawyer won't be be able pull any strings though, just advise on the best course of action.

Mate of mine was deported for overstaying, had prints taken etc. in 2013, went back last year and the machine at immigration didn't register anything. Just one case, but am not really sure that the immigration machine does anything other than store you prints for use in immigration matters.


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## RainbowTown (Feb 9, 2018)

1%er said:


> Lawyers in most cases will have a better understand of the system so are likely to make less mistakes with forms and process, that's why I'd use one if I were in Jackson's position.
> 
> As for having a passport in a different name, that will be of no help if your fingerprints are on file as they are in jackson's case.



I agree. It's way better to get some legal advice on this beforehand so as to ascertain what the determining factors are. And what alternatives there maybe (if need be).The very last thing Jackson wants is some major and serious hassle if he tries to re-enter. Because he will get it, no question, if things aren't correct. Homeland security in the US is pretty strict, obviously more so since 9/11.


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## bonjovi1972 (Mar 5, 2018)

Hi need some advice 19 year ago on new years eve I set fire to my house had too much to drink and fell asleep left oven on I want to go to America for a 2 week holiday with my children I was cautionedfor reckless arson should I get an esta or would I be granted a visa thanks


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## existentialist (Mar 5, 2018)

bonjovi1972 said:


> Hi need some advice 19 year ago on new years eve I set fire to my house had too much to drink and fell asleep left oven on I want to go to America for a 2 week holiday with my children I was cautionedfor reckless arson should I get an esta or would I be granted a visa thanks


Just as a challenge, read the last 10 pages of the thread, and see if you can guess what the answer might be. I am sure someone will tell you if you've guessed right.


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## bonjovi1972 (Mar 5, 2018)

Esta I think then thanks


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## ddraig (Mar 5, 2018)

bonjovi1972 said:


> Esta I think then thanks


otherwise you'd be living on a prayer
and hoping


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## bonjovi1972 (Mar 5, 2018)

I would was just worried if reckless arson was moral turpitude and would flag up


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## 1927 (Mar 5, 2018)

So he was Wanted Dead or Alive, cos he was a Runaway, but very nearly went out in a Blaze of Glory! No doubt his response to this thread will be “it’s my life”, and “i’ll Sleep when I’m dead!”

 Guess after the fire This House Is not for Sale. 

Anyway, We weren’t Born to Follow, so Have a Nice Day!


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## 1927 (Mar 5, 2018)

bonjovi1972 said:


> I would was just worried if reckless arson was moral turpitude and would flag up


Read the fucking thread.


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## bonjovi1972 (Mar 5, 2018)

1927 said:


> Read the fucking thread.


I have but still wasn't sure


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## drshepardcooper (Mar 7, 2018)

If he is determined to go to US and is afraid of this little problem. Тhe best thing to do is contact a law firm. From my experience I would suggest MY FAT ARSE. They will help with the issue and assist with the visa application.


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## existentialist (Mar 7, 2018)

drshepardcooper said:


> If he is determined to go to US and is afraid of this little problem. Тhe best thing to do is contact a law firm. From my experience I would suggest MY FAT ARSE. They will help with the issue and assist with the visa application.


You should probably read the thread too, FAT ARSE


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## ddraig (Mar 7, 2018)




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## bonjovi1972 (Mar 7, 2018)

Gonna risk the esta thanks all


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## 2hats (Mar 7, 2018)

Are you halfway there yet?


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## bonjovi1972 (Mar 7, 2018)

No but I'm living on a prayer


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## 1927 (Mar 7, 2018)

bonjovi1972 said:


> No but I'm living on a prayer


That ones been done already by ddraig! Please keep up!


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## 1927 (Mar 7, 2018)

1927 said:


> So he was Wanted Dead or Alive, cos he was a Runaway, but very nearly went out in a Blaze of Glory! No doubt his response to this thread will be “it’s my life”, and “i’ll Sleep when I’m dead!”
> 
> Guess after the fire This House Is not for Sale.
> 
> Anyway, We weren’t Born to Follow, so Have a Nice Day!


Do you know how long it took me to write this, and only a single solitary “like”. You’re  a bunch of cunts I tell ya!


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## existentialist (Mar 7, 2018)

1927 said:


> Do you know how long it took me to write this, and only a single solitary “like”. You’re  a bunch of cunts I tell ya!


No great artist is ever truly appreciated before their demise. Usually in a garret 

Nonetheless, props for the effort


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## 19sixtysix (Mar 8, 2018)

existentialist said:


> No great artist is ever truly appreciated before their demise. Usually in a garret
> 
> Nonetheless, props for the effort



He could always try chopping his ear off for some additional appreciation for dedication to art


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## johnjones1978 (Mar 16, 2018)

I may hve missed the question on here! but has anyone actually applied for A visa with a criminal record and got it without declaring it!

the ESTA thing seems pretty straight  forward


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## not-bono-ever (Mar 16, 2018)

what do you mean a Visa ? ESTA is not a Visa


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## johnjones1978 (Mar 16, 2018)

hi guys Im new to this thread , basically i have drug possession charges from 10 years ago, lsd 3 hashis joints and on gram of cocaine 
the Lsd charge being 1 and the other two together I was charged only for posession, since then I have been to ameica on the Esta and ticked no and it was sweet , apparently they only want your prints for when your there incase you commit an offence 
i have since been offered work in the US im wanting to ask has anyone ever applied for a visa witha record and got in ? 
I can't seem to find any info regarding this on here and it would be a great help if someone could tell me thanks in advance 
i appreciate I'm new to this thread but  any advice would be amazing


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## 1927 (Mar 16, 2018)

johnjones1978 said:


> I may hve missed the question on here! but has anyone actually applied for A visa with a criminal record and got it without declaring it!
> 
> the ESTA thing seems pretty straight  forward


I’ll think you’ll find that the answer is almost certainly NO!

Reason being if you apply for a Visayou have to produce evidence of your criminal record, so non disclosure isn’t an option!


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## 1927 (Mar 16, 2018)

not-bono-ever said:


> what do you mean a Visa ? ESTA is not a Visa


Read the question again!


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## 1927 (Mar 16, 2018)

johnjones1978 said:


> hi guys Im new to this thread , basically i have drug possession charges from 10 years ago, lsd 3 hashis joints and on gram of cocaine
> the Lsd charge being 1 and the other two together I was charged only for posession, since then I have been to ameica on the Esta and ticked no and it was sweet , apparently they only want your prints for when your there incase you commit an offence
> i have since been offered work in the US im wanting to ask has anyone ever applied for a visa witha record and got in ?
> I can't seem to find any info regarding this on here and it would be a great help if someone could tell me thanks in advance
> i appreciate I'm new to this thread but  any advice would be amazing


A working visa is a whole new ball game and probably outside the scope of this thread. My personal opinion is you're fucked, but someone may be along in a minute to say you’re not!


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## existentialist (Mar 16, 2018)

johnjones1978 said:


> hi guys Im new to this thread , basically i have drug possession charges from 10 years ago, lsd 3 hashis joints and on gram of cocaine
> the Lsd charge being 1 and the other two together I was charged only for posession, since then I have been to ameica on the Esta and ticked no and it was sweet , apparently they only want your prints for when your there incase you commit an offence
> i have since been offered work in the US im wanting to ask has anyone ever applied for a visa witha record and got in ?
> I can't seem to find any info regarding this on here and it would be a great help if someone could tell me thanks in advance
> i appreciate I'm new to this thread but  any advice would be amazing


1927's right.

How long ago your charges were, and what they were for, is irrelevant. So's the fact that you were able to visit on an ESTA.

Any kind of visa is going to require you to disclose your criminal record, and there's no way of evading that.

Added to which, if they're really on the ball, they'll then spot that you lied on an ESTA application, and any possible chance (if there were indeed ever any) of leniency would go out of the window.

I think you'd better live with the fact that working in the US is going to be out of the question for the foreseeable. Alternatively, you could consult a specialist lawyer, who may have an answer to get you round those challenges, but will probably just charge you a great deal of money to tell you exactly the same thing.


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## johnjones1978 (Mar 17, 2018)

existentialist said:


> 1927's right.
> 
> How long ago your charges were, and what they were for, is irrelevant. So's the fact that you were able to visit on an ESTA.
> 
> ...



thank you for your reply, I found this today https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257229/pia.pdf

meaning they do share but 3000 a year, I'm confused as some friends of mine have applied and not had to submit any criminal data they
didn't have a record but were never asked to produce any docs to prove the did not


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## existentialist (Mar 17, 2018)

johnjones1978 said:


> thank you for your reply, I found this today https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/257229/pia.pdf
> 
> meaning they do share but 3000 a year, I'm confused as some friends of mine have applied and not had to submit any criminal data they
> didn't have a record but were never asked to produce any docs to prove the did not


Well, it's up to you if you want to take that risk. You might get away with it, but maybe it depends on how you'd feel about being caught later and deported...


----------



## bilal hussain (Mar 20, 2018)

Hello

i have few convictions 2 that are spent including drink driving and acquired criminal property about 5 years ago.
One that i believe that probably still isnt spent is a restraining order against a ex partner - long story put it in place to prevent me exposing her.

As i have read you say no on the esta and travel. My issue i have is im british asian muslim (yeah not a good one before someone says it). what is the likely hood i can get in? Ive had friends that have clean records and when they arrive they are taken into a room an told to wait for abour 30 mins. They dont tell them what they are checking etc? Is this checking if they have terrorist/drug links or actually probably requesting pnc stuff. its hard to get an answer around this. They are granted entry etc. My worry is since they dont have records of us readily available are they diggin that out or are they checking an seeing if your wanted or not.


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## mg27127 (Mar 27, 2018)

existentialist said:


> Well, it's up to you if you want to take that risk. You might get away with it, but maybe it depends on how you'd feel about being caught later and deported...



They do share fingerprints, but this is *NOT,* as stated in section 4.3.1, including nationals of the UK.

_ " 1. We have also agreed that the fingerprints exchanged for searching under the Protocol will *not* contain fingerprint data of known FCC nationals. Thus a national of the UK or another FCC country, who does not purport to be otherwise, may be assured that his or her fingerprints will not be searched under this arrangement.   "_


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## Isaac Hunt (Apr 10, 2018)

This is the best fucking thread I have ever come across. Really.

I've been to the USA several times since the ESTA was introduced, answering "no" to all questions each time and never had any issues whatsoever. Booked to go to Florida later this year (did new ESTA first as I have a new passport - approved immediately with no issues). Thereafter, I signed up to an online Florida forum, the members of which are the biggest bunch of scaremongering wankers, which got me paranoid. So, I'm very glad I found this thread. I have read it from page 1 to page 61 and every one of the numerous posts that say "say no on the ESTA and you'll be fine" are spot on, worked for me for years and years without a second thought and has totally alleviated my subsequent paranoia.

If you're thinking of posting to ask about your specific circumstances, please read the thread in its entirety because it is very likely that your question has already been answered several times. I've got a couple of cautions for peeing in the street, giving a guy a kicking for slapping my sister, and spent a night in the cells for fighting in the street. No problems at all ever.


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## TruXta (Apr 10, 2018)

new members aren't supposed to be like this


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## Isaac Hunt (Apr 10, 2018)

TruXta said:


> new members aren't supposed to be like this


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## Tommywalt (May 29, 2018)

Zjo


----------



## nogojones (May 29, 2018)

Isaac Hunt said:


> If you're thinking of posting to ask about your specific circumstances, please read the thread in its entirety because it is very likely that your question has already been answered several times. .......



Now where's the fun in that?


----------



## joustmaster (May 29, 2018)

Tommywalt said:


> Has anyone gone to The USA from the UK with a community resolution and had any problems? I picked one up for theft earlier in the year and travel to Florida end of July just wondering if there’s anything I need to do?



Dude, read the post three above yours. Just say no.

Also, don't be posting your real name on forums when your planning on lying 

And you'll soon be laying on the beaches of Florida surrounded by koala bears and all your wildest dreams.


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## Foughtfulthinka (Jun 17, 2018)

I might have done the dumbest thing and said yes to question 3 on the etsa "have you ever been arrested for possession ..... illegal drugs"	 

After reading so many threads, this is a great one I made an account, im in limbo in what to do.

Ive been in trouble regarding cannabis and everything is spent. 

Do i reapply? Call them say I made a mistake? Go for a visa???

Dammmmm


----------



## 1927 (Jun 17, 2018)

Foughtfulthinka said:


> I might have done the dumbest thing and said yes to question 3 on the etsa "have you ever been arrested for possession ..... illegal drugs"
> 
> After reading so many threads, this is a great one I made an account, im in limbo in what to do.
> 
> ...


If you have answered yes, they will refuse your ESTA, simples.

If they have granted the ESTAI wouldn't worry.

Last time I applied for ESTAS for 4 of us, only 3 were granted, I had inadvertently answered YES to one of the questions, namely the one about indulging in terrorist activity! luckily it was my sons ESTA application. I emailed homeland security and within 2 days they had cleared the record and I could apply again!

ETA:By the way, convictions are NEVER spent in the eyes of US Immigration.


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## Foughtfulthinka (Jun 18, 2018)

1927 said:


> If you have answered yes, they will refuse your ESTA, simples.
> 
> If they have granted the ESTAI wouldn't worry.
> 
> ...




Yes thats it i ticked yes for this old possession charge.  Wish i had read up on it before doing it.

How long are the estas valid for before you have to reapply?

Im thinking i might have to bite the bullet and go for a Visa.


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## Foughtfulthinka (Jun 18, 2018)

Shall I email them to say I made a mistake and lie and hope for the best??


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## nogojones (Jun 18, 2018)

Foughtfulthinka said:


> Shall I email them to say I made a mistake and lie and hope for the best??


Yes. Tell them you meant to tick the terrorist box instead










Sorry - nothing helpful to add


----------



## existentialist (Jun 18, 2018)

Foughtfulthinka said:


> Shall I email them to say I made a mistake and lie and hope for the best??


TBH, I think you're in fairly uncharted territory here.

If I were a particularly suspicious immigration official, and someone contacted me to say "whoops, I ticked the box to say I'm Howard Marks, but actually I'm really not, and I meant to tick the box to say I'm Marks & Spencer", I'd be going "hmm, perhaps we do need to just check and see if this person *is* Howard Marks".

I don't know whether that is even feasible for them to do, but the point is that you've put yourself on the radar now, and it all gets a bit uncertain. For all I know, the threshold at which they decide to actually check the truth of what you declare might be quite high, but you're not really going to know. And the problem is that getting caught lying seems to be a dealbreaker.

I guess it depends if you want to take the risk. But the least-risk option probably is to say "oops, ticked the wrong box, here's my corrected form" and see what happens.


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## Foughtfulthinka (Jun 19, 2018)

nogojones said:


> Yes. Tell them you meant to tick the terrorist box instead
> 
> 
> 
> ...







That certainly would make it more interesting


----------



## Foughtfulthinka (Jun 19, 2018)

existentialist said:


> TBH, I think you're in fairly uncharted territory here.
> 
> If I were a particularly suspicious immigration official, and someone contacted me to say "whoops, I ticked the box to say I'm Howard Marks, but actually I'm really not, and I meant to tick the box to say I'm Marks & Spencer", I'd be going "hmm, perhaps we do need to just check and see if this person *is* Howard Marks".
> 
> ...




Thanks, yes I fully understand that and won't be doing that.

How long is an ESTA valid for?


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## TruXta (Jun 19, 2018)

Foughtfulthinka said:


> Thanks, yes I fully understand that and won't be doing that.
> 
> How long is an ESTA valid for?


Two years, or until your passport expires, whichever comes first.


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## anguskhan (Jun 25, 2018)

Hi recently i got an caution for getting caught with cannabis i am going to Las Vegas in September i went their last year for 1st time got my finger prints done just wondering will the check the records  and see my caution or should i tick the no button on my estaform i just worried that uk and usa might now share information on stuff like this thanks in advance


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## existentialist (Jun 25, 2018)

anguskhan said:


> Hi recently i got an caution for getting caught with cannabis i am going to Las Vegas in September i went their last year for 1st time got my finger prints done just wondering will the check the records  and see my caution or should i tick the no button on my estaform i just worried that uk and usa might now share information on stuff like this thanks in advance


Have you read any of this thread? 

I suggest scanning through the last 10 pages, and then see if you can guess what we'll say. We'll tell you if you guess right


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## anguskhan (Jun 25, 2018)

i read not to declare it and just answer no on esta i just worried about the finger prints bit if they share information


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## existentialist (Jun 25, 2018)

anguskhan said:


> i read not to declare it and just answer no on esta i just worried about the finger prints bit if they share information


They're not going to share information. Answer "no" and have a good holiday.


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## Kanu (Jul 2, 2018)

*MAJOR CRIMINAL CONVICTIONS
*
Guys, I have read through the whole thread (literally started at the beginning, missed some of the older years incase legislation/rules have changed) and I KNOW, select 'no' on the forms. But hear me out.

I want to go to America with my partner after saving up and we want to travel and at one point I want to see America, we both have major criminal records.

Partners record: Conspiracy to supply Class A drugs (or something along those lines). Served 4 years in prison (has to do half his sentence and had time added on for obtaining a new passport when his was in custody) and has been out since 2015. Clean as a whistle now, his licence just ended this year (2018).

My record: Conspiracy to defraud and money laundering. Which resulted in a suspended sentence. (I also have an arrest for assault from when I was a teenager with a caution a lot more minor than the other charge).

Both our convictions were high profile cases, his in the media, mine not but a very large scale investigation for both of us.

Are we still going ahead with ticking no?

We will probably fly out from Manchester. Will the UK question us? Will the US question us? Shall we stick to saying nope, never done anything illegal? What about the UK they definitely know about our records? I know 100% if we go through the 'legit' route they will take one look at us at interview and tell us to be on our way.

WE'RE NOT WANTED AS FAR AS IM AWARE?!?! SHOULD NOT BE ON THE MOST WANTED LIST OR ANYTHING. WE PAID OUR DUES AND NOW WE LIVE LIKE ANY OTHER 'NORMAL' COUPLE.

Please dont kill me with the sarcasm, all i'm finding is minor (ok obviously not minor but sense what I mean) convictions- DUIs, assaults, possession of a bag of weed etc.


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## TruXta (Jul 2, 2018)

Kanu said:


> *MAJOR CRIMINAL CONVICTIONS
> *
> Guys, I have read through the whole thread (literally started at the beginning, missed some of the older years incase legislation/rules have changed) and I KNOW, select 'no' on the forms. But hear me out.
> 
> ...


Best guess is that you should still tick no on ESTA. If they know they know and you'll get sent home at the border. Or you can fly from Ireland, they do pre-clearance there US Preclearance Guide | Dublin Airport. At least then  it won't be far home should you be denied entry.


----------



## Teaboy (Jul 3, 2018)

Kanu said:


> *MAJOR CRIMINAL CONVICTIONS
> *
> Guys, I have read through the whole thread (literally started at the beginning, missed some of the older years incase legislation/rules have changed) and I KNOW, select 'no' on the forms. But hear me out.
> 
> ...



You say both cases were quite high profile.  Is it all really easy to find on google?  If so I'd work at that stuff first using the 'right to be forgotten' route.  If you can get most of that cleared up then less chance of being found out.


----------



## Kanu (Jul 5, 2018)

TruXta said:


> Best guess is that you should still tick no on ESTA. If they know they know and you'll get sent home at the border. Or you can fly from Ireland, they do pre-clearance there US Preclearance Guide | Dublin Airport. At least then  it won't be far home should you be denied entry.



I think this is really valuable advice. You're right, the travel from Ireland won't be as bad to get back to Manchester rather than flying from America! Thanks!


----------



## Kanu (Jul 5, 2018)

Teaboy said:


> You say both cases were quite high profile.  Is it all really easy to find on google?  If so I'd work at that stuff first using the 'right to be forgotten' route.  If you can get most of that cleared up then less chance of being found out.



Luckily for me as a female the case was kept out of the media and no google search brings back anything however for him just typing in his name on google brings up an endless list of articles. I think I will look into his online 'trail', what would you suggest I do to get the ball rolling for right to be forgotten? I've never heard of it! Thanks for your help really appreciated.


----------



## joustmaster (Jul 5, 2018)

Kanu said:


> Luckily for me as a female the case was kept out of the media and no google search brings back anything however for him just typing in his name on google brings up an endless list of articles. I think I will look into his online 'trail', what would you suggest I do to get the ball rolling for right to be forgotten? I've never heard of it! Thanks for your help really appreciated.


Do/Can you both look like "respectable" boring holiday makers? 
They will only find out if they go out of their way to find out by googling. And if you give them no reason to, you will be fine.


----------



## 2hats (Jul 5, 2018)

TruXta said:


> Or you can fly from Ireland, they do pre-clearance there


I should point out that routing through Ireland, you are not _guaranteed_ to undergo processing there. Sometimes, due to operational reasons, flights leave with just boarding/passport/have-you-got-a-VISA-or-ESTA checks (as per flights direct from the UK) and they conduct screening on arrival in the US, as they do for all other flights (note: same deal with routing via Canada).


----------



## TruXta (Jul 5, 2018)

2hats said:


> I should point out that routing through Ireland, you are not _guaranteed_ to undergo processing there. Sometimes, due to operational reasons, flights leave with just boarding/passport/have-you-got-a-VISA-or-ESTA checks (as per flights direct from the UK) and they conduct screening on arrival in the US, as they do for all other flights (note: same deal with routing via Canada).


Cheers  didn't know that.


----------



## River Plate (Jul 8, 2018)

Hi Guys

I too have read the entire thread as I don't want to ask for advice and have my head bitten off.

As far as I can see my question has not yet been covered or advised upon so here goes.

My partner and I are going to the states in October but I have a criminal record although nothing for 11 years.

Until 2007 it was  just juvenile petty stuff but back in that year I was charged with burgling a dwelling. The whole thing was a farce. My ex-Brother in law ran a nightclub and he allowed me to try and get a small business going in there operating a fun casino in there using a roulette wheel. To cut a long story short he allowed it just as long as I donated £50 each weekend to him to donate to charity.

Nine month passed and I contacted the charity to ask for a certificate for the money I had raised that he had paid to them only to be told he hadn't!!
A month later I was in the club on a night it was open and talking to the manger in and around the office after after work at the end of the night. He went to cash up a till and I basically took £440 out of the tills already in there, exactly the amount I had raised and given to my brother in-law. He involved the Police and I was arrested.

The court went in his favour but I was unhappy by the way my solicitor presented the case and the court found me guilty. I wasn't expecting burglary though, theft yes but the magistrates thought the property was closed when I carried out what I did. I was just told to pay it back, no prison sentence, just probation, community service and the amount to be repaid in full.

Cutting to the chase I have booked a two week holiday in 9 weeks twin centre in USA via BA. It's all paid for, as are Amtrak tickets to travel between tht two cities, baseball tickets and American football!!

On  the booking confirmation email we have to update our details including passport and Esta numbers so here is my question.

No doubt BA share this information with American Airlines and USA immigration, and will send all of this data to them well before we travel, giving them plenty of time to do checks. Will anything even flag up with BA themselves?

Is this likely to happen? I should be happier than I am, I was excited before I booked it but now it's real I have niggling worries in the back of my mind.

I have been on the same holiday before in 2002 but for my partner it is a first and I would be devastated for her if I was turned away.

I have my Esta, granted by saying 'no'

Many thanks in advance and apologies for the long post.


----------



## not-bono-ever (Jul 8, 2018)

usual answer applies here - specifics about the conviction not really relevant. enjoy your holibobs


----------



## 1927 (Jul 8, 2018)

Which bit about your story hasn't been covered on this thread previously?


----------



## existentialist (Jul 8, 2018)

1927 said:


> Which bit about your story hasn't been covered on this thread previously?


I'm guessing that it was the bit about how he was blameless. Sympathies, etc, but the naivety is touching. Just not to immigration officials.


----------



## River Plate (Jul 8, 2018)

existentialist said:


> I'm guessing that it was the bit about how he was blameless. Sympathies, etc, but the naivety is touching. Just not to immigration officials.



Sorry I should have said that although the booking has been made with BA, the flight over is actually with American Airlines so I should have asked are they likely to do more stringent checks than what a non-American carrier would?

Pardon my naivity but I just wasn't sure if booking online with BA would have brought about more questions and further passenger information requests than what would have been the case booking via a travel agent.


----------



## Supine (Jul 8, 2018)

The thread that keeps on giving


----------



## joustmaster (Jul 8, 2018)

River Plate said:


> Sorry I should have said that although the booking has been made with BA, the flight over is actually with American Airlines so I should have asked are they likely to do more stringent checks than what a non-American carrier would?
> 
> Pardon my naivity but I just wasn't sure if booking online with BA would have brought about more questions and further passenger information requests than what would have been the case booking via a travel agent.


It's alright. BA don't have access to police records. That'd be mental


----------



## River Plate (Jul 8, 2018)

existentialist said:


> I'm guessing that it was the bit about how he was blameless. Sympathies, etc, but the naivety is touching. Just not to immigration officials.



Not looking for sympathies mate, there seems to be a hell a lot of expertise and good advice on this page and I was just hoping to ease my mind from some of it.


----------



## River Plate (Jul 8, 2018)

joustmaster said:


> It's alright. BA don't have access to police records. That'd be mental



Many thanks for the reassurance joustmaster.


----------



## 1927 (Jul 8, 2018)

River Plate said:


> Sorry I should have said that although the booking has been made with BA, the flight over is actually with American Airlines so I should have asked are they likely to do more stringent checks than what a non-American carrier would?
> 
> Pardon my naivity but I just wasn't sure if booking online with BA would have brought about more questions and further passenger information requests than what would have been the case booking via a travel agent.


for someone who claims to have read through the entire thread you haven't learnt much.


----------



## joustmaster (Jul 8, 2018)

aye, well... people spend a thousands on hols, then get a panic on.


----------



## River Plate (Jul 8, 2018)

1927 said:


> for someone who claims to have read through the entire thread you haven't learnt much.



Why the negativity? If you have nothing to offer in terms of advice then why not just leave it there?

The last time I asked a couple of years ago, the trip was in the pipeline. Now it's different, it's been booked and paid for.

I suppose when you get to that stage the doubts and concerns start to creep in, besides some of the advice on here is not recent and I am not sure how much immigration control has moved on from that point.


----------



## joustmaster (Jul 8, 2018)

it pretty mad that u75 became a national resource for this though


----------



## River Plate (Jul 8, 2018)

joustmaster said:


> it pretty mad that u75 became a national resource for this though



I used to read Ex-pats before I stumbled across this forum.

The views differ but u75 seems pretty consistent with what is likely to happen where there are different views on ex-pats.


----------



## TruXta (Jul 8, 2018)

River Plate said:


> Why the negativity? If you have nothing to offer in terms of advice then why not just leave it there?
> 
> The last time I asked a couple of years ago, the trip was in the pipeline. Now it's different, it's been booked and paid for.
> 
> I suppose when you get to that stage the doubts and concerns start to creep in, besides some of the advice on here is not recent and I am not sure how much immigration control has moved on from that point.


Disregard 1927, he's just a grumpy cunt. Unless you're telling us porky pies you should be fine. 

I was bricking it the first time I went with undeclared moral turpitude weighing on my conscience  never had a problem, been over several times since.


----------



## existentialist (Jul 8, 2018)

River Plate said:


> Why the negativity? If you have nothing to offer in terms of advice then why not just leave it there?
> 
> The last time I asked a couple of years ago, the trip was in the pipeline. Now it's different, it's been booked and paid for.
> 
> I suppose when you get to that stage the doubts and concerns start to creep in, besides some of the advice on here is not recent and I am not sure how much immigration control has moved on from that point.


The reason for the negativity is that anyone who has followed this thread for any length of time knows the pattern. Which is, I have to say, exactly the pattern that your posts have followed. People get jaundiced. Some are just more or less polite about it, is all.


----------



## 1927 (Jul 8, 2018)

TruXta said:


> Disregard 1927, he's just a grumpy cunt. Unless you're telling us porky pies you should be fine.
> 
> I was bricking it the first time I went with undeclared moral turpitude weighing on my conscience  never had a problem, been over several times since.


Not a grumpy cunt, just fed up like lots of people are here with giving advice that is constantly ignored or questioned just cos their case is unique, in their eyes.


----------



## not-bono-ever (Jul 9, 2018)

NEW POSTERS TIP: dont, whatever the fuck, provide any detailed itiniery of your trip or provide anything that could identify you.


----------



## Johnny Doe (Jul 9, 2018)

not-bono-ever said:


> NEW POSTERS TIP: dont, whatever the fuck, provide any detailed itiniery of your trip or provide anything that could identify you.


And I don't think anyone's mentioned it, but tick no on the form


----------



## River Plate (Jul 9, 2018)

not-bono-ever said:


> NEW POSTERS TIP: dont, whatever the fuck, provide any detailed itiniery of your trip or provide anything that could identify you.



I take it you mean on here not-bono-ever?


----------



## TruXta (Jul 9, 2018)

River Plate said:


> I take it you mean on here not-bono-ever?


Yep. There have been people seemingly posting under their real name.


----------



## River Plate (Jul 9, 2018)

Thank feck for that I thought for a minute there he meant to immigration!!

You don't see an issue with me having booked the flight and hotels with BA then because they'll have a detailed itiniery and all of my personal information?


----------



## editor (Jul 9, 2018)

1927 said:


> Not a grumpy cunt, just fed up like lots of people are here with giving advice that is constantly ignored or questioned just cos their case is unique, in their eyes.


Just ignore the thread then because it's always going to be worried people with similar cases posting up similar questions. I don't mind popping in to repeat myself from time to time.


----------



## Isaac Hunt (Jul 10, 2018)

Slightly off-topic: just out of interest, I got my police certificate sent to me, and it said "No trace"...which is I think is bollocks because I've been in bother before (fined £50 for slapping some cunt that had hit my sister and fined £50 for peeing in the street), so I thought it would come up "No live trace"? Anyone had this?

For the avoidance of doubt, I am not asking about ESTAs or Visas etc., I'm totally comfortable continuing to tick "No" to all questions...I'm just curious about the certificate, that's all. 

Carry on.


----------



## Thebigrooster (Aug 1, 2018)

First (and possibly last) post here, but wanted to add my 2 cents. 

I have followed this thread for the last year after booking a trip to the US and realising that my prior criminal convictions may cause problems. 

I have a caution from 4 years ago for possession of an illegal substance. I also have a few cannabis warnings.

Me and my partner have spent numerous nights worrying about how this will affect our holiday. Needless to say, the advice in this thread is solid gold. To cut a long story short I ticked no to all questions on the ESTA and am now typing this message from my hotel room in Vegas.

Border patrol was a breeze, albeit nerve wracking. I was asked where I'm staying, how long I'm staying for and how much money I have. They then took my finger prints and retina scan. They clearly have no indication of criminal past. 

For anyone in a similar situation to myself - stop ruining your holiday preparation by stressing. Just tick no and enjoy your holiday like myself and countless others in this thread have. 

Thanks to everyone here for the wealth of information!


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## joustmaster (Aug 1, 2018)

Isaac Hunt said:


> Slightly off-topic: just out of interest, I got my police certificate sent to me, and it said "No trace"...which is I think is bollocks because I've been in bother before (fined £50 for slapping some cunt that had hit my sister and fined £50 for peeing in the street), so I thought it would come up "No live trace"? Anyone had this?
> 
> For the avoidance of doubt, I am not asking about ESTAs or Visas etc., I'm totally comfortable continuing to tick "No" to all questions...I'm just curious about the certificate, that's all.
> 
> Carry on.



I like that slapping someone and having a street-piss are the same price.


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## Isaac Hunt (Aug 1, 2018)

joustmaster said:


> I like that slapping someone and having a street-piss are the same price.


That's Scotland for you...


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## Charlie Manson (Aug 14, 2018)

Right here goes, hopefully i can add to the info posted in the best thread i have ever read.

I have very recently returned from a week in New York, my first visit to the USA.

I have a couple of convictions (not cautions) from my younger years and one of those is for possession of a controlled substance.

I crapped myself about trying to pass border control prior to reading this thread.

I ticked "NO" to all the questions on the ESTA.

The only form we had to fill in on the flight across to New York was asking us if we were trying to bring any foods/animals or plants with us or if we had been in contact with any certain farm crops etc.

Me and the Mrs both entered the border control booth at the same time.

They took our finger prints and retina scans, asked if we were a couple, smiled at us and spoke to us by our first names, then stamped our passports and off we went.

The rest is history, all i can say is don't worry at all, take the advice,don't read or listen to the scaremongers and just do it, we have probably had one of the best holidays ever and nothing beats that inner smugness you feel as they are stamping your passport.


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## Jay1989 (Aug 20, 2018)

Hi all

This is my first to the site after reading a lot of peoples experiences going through border control with convictions. 

I got into a fight a few months back and during the fight damage was caused to a door and both me and the person I was fighting where arrested and charged with criminal damage. A fine was imposed and I left It at that. 

Its not less than a week until I travel and the fine hasn't been paid so I've gone onto the courts website to arrange some kind of payment plan. I am unable to as it says "we are unable to accept payment on this fine as this fine is subject to an outstanding warrant"  does this mean there is a warrant for my arrest? Surely this would cancel out any chance I have of getting into the US when we are due to fly from Dublin - New York this weekend.

Any help would be greatly appreciated.


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## twentythreedom (Aug 20, 2018)

Usual advice. Tick 'no' to everything, enjoy your holiday 

US won't know about your court issues unless you tell them. Don't tell them


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## Jay1989 (Aug 20, 2018)

Even if there has been a bench warrant issued in Scotland for an unpaid fine?

I was bricking it for a while then came across this forum last night. Set my mind at ease big time. Then today this warrant being issued has put me right back to the start

Thanks for the reply


----------



## Supine (Aug 20, 2018)

Jay1989 said:


> Even if there has been a bench warrant issued in Scotland for an unpaid fine?
> 
> I was bricking it for a while then came across this forum last night. Set my mind at ease big time. Then today this warrant being issued has put me right back to the start
> 
> Thanks for the reply



I wouldn't have thought they're bothered warning the US about your uninteresting crime


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## Jay1989 (Aug 20, 2018)

I love when information or advice from a complete stranger sets the mind at ease!


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## twentythreedom (Aug 20, 2018)

Jay1989 said:


> Even if there has been a bench warrant issued in Scotland for an unpaid fine?
> 
> I was bricking it for a while then came across this forum last night. Set my mind at ease big time. Then today this warrant being issued has put me right back to the start
> 
> Thanks for the reply


Deny everything, you'll be absolutely fine


----------



## Charlie Manson (Aug 21, 2018)

They will only know if you tell them at passport control, they don't know anything!! say nothing, keep smiling and have a superb holiday.


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## Jay1989 (Aug 28, 2018)

Well just thought I would come back with an update. Sitting havinvg a beer in New York and can only stress what you have all already said

Admit nothing and enjoy your holiday. 

Thanks to all for the reassurance before I got here!!


----------



## existentialist (Aug 28, 2018)

Jay1989 said:


> Well just thought I would come back with an update. Sitting havinvg a beer in New York and can only stress what you have all already said
> 
> Admit nothing and enjoy your holiday.
> 
> Thanks to all for the reassurance before I got here!!


It's nice when people come back with feedback.


----------



## Supine (Aug 28, 2018)

Yeah. Nice to know they don't all end up in Guantanamo


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## 1927 (Aug 28, 2018)

Supine said:


> Yeah. Nice to know they don't all end up in Guantanamo


Those ones never come back and let us know tho!


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## Frank397 (Sep 28, 2018)

Anyone see the daily mail with the family being refused entry to the US? How family's dream £4,500 Florida trip became a 'holiday from hell' | Daily Mail Online


----------



## existentialist (Sep 28, 2018)

Frank397 said:


> Anyone see the daily mail with the family being refused entry to the US? How family's dream £4,500 Florida trip became a 'holiday from hell' | Daily Mail Online


Any country with such arbitrary and unaccountable ways of dealing with potential guests doesn't deserve to *have* a tourist industry, in my book.

I worked for brief periods in the States in the late 90s, and loved the country, and the people. But I would simply not want now to visit a place which reserves the right to treat visitors the way the US does.


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## phillm (Sep 28, 2018)

existentialist said:


> Any country with such arbitrary and unaccountable ways of dealing with potential guests doesn't deserve to *have* a tourist industry, in my book.
> 
> I worked for brief periods in the States in the late 90s, and loved the country, and the people. But I would simply not want now to visit a place which reserves the right to treat visitors the way the US does.



The 64,000 dollar questions is how did they know and has something changed ? They had been going every year for the last 10 without problem.


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## 2hats (Sep 28, 2018)

phillm said:


> The 64,000 dollar questions is how did they know and has something changed ? They had been going every year for the last 10 without problem.


Can’t see any clear explanation in any versions of the stories.

Two possibilities: EITHER maybe one of the party coughed to the arrest in response to a direct question at the border (they ask such on the off chance you are half asleep and/or to see if they get conflicting responses from folks in the same group). OR the local authorities had other information - perhaps they were even the original source of the list of names/addresses/financial details of suspected money launderers in the first place (rather than arrest/conviction data being shared back from the UK in more recent years).

Irrespective, one wouldn’t be surprised if they build a trawling database of potentially suspect persons (they build a no-fly list after all) and perhaps aren’t under the same data regulation pressures to bother purging it regularly. One could imagine it also being populated with many otherwise innocent details (the 1999 Landslide case comes to mind). If there’s a namespace clash doubtless they get the thumbscrews out on innocents (similar has certainly prevented people from even flying before).


----------



## phillm (Sep 28, 2018)

2hats said:


> Can’t see any clear explanation in any versions of the stories.
> 
> Two possibilities: EITHER maybe one of the party coughed to the arrest in response to a direct question at the border (they ask such on the off chance you are half asleep and/or to see if they get conflicting responses from folks in the same group). OR the local authorities had other information - perhaps they were even the original source of the list of names/addresses/financial details of suspected money launderers in the first place (rather than arrest/conviction data being shared back from the UK in more recent years).
> 
> Irrespective, one wouldn’t be surprised if they build a trawling database of potentially suspect persons (they build a no-fly list after all) and perhaps aren’t under the same data regulation pressures to bother purging it regularly. One could imagine it also being populated with many otherwise innocent details (the 1999 Landslide case comes to mind). If there’s a namespace clash doubtless they get the thumbscrews out on innocents (similar has certainly prevented people from even flying before).



I doubt it was one of the party coughing up and if so then the border force have new data that they didn't seem to have or use have during the past ten years.


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## Frank397 (Sep 28, 2018)

So I’m going to America with my mate, and he applied for an ESTA and done the usual no to everything, then a couple of weeks later he panicked and has ticked yes to the convictions one, would he be able to apply again in 10 days and his previous ESTA be wiped? Or will he now have to apply for a visa?


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## Shechemite (Sep 28, 2018)

Frank397 said:


> So I’m going to America with my mate, and he applied for an ESTA and done the usual no to everything, then a couple of weeks later he panicked and has ticked yes to the convictions one, would he be able to apply again in 10 days and his previous ESTA be wiped? Or will he now have to apply for a visa?



He doesn’t deserve to live


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## Jay Park (Sep 28, 2018)

If the TSA go searching (as mentioned before) on the off chance then they can get you no probs. Especially if you're coming from a country that has big ties and speaks the same language. You just have to be lucky everytime, they have to be lucky once.


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## Shechemite (Sep 28, 2018)

Jay Park said:


> If the TSA go searching (as mentioned before) on the off chance then they can get you no probs. Especially if you're coming from a country that has big ties and speaks the same language. You just have to be lucky everytime, they have to be lucky once.



Or you don’t get yer holiday in the US. 

The stakes couldn’t be higher.


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## MrSki (Sep 28, 2018)

River Plate said:


> Hi Guys
> 
> I too have read the entire thread as I don't want to ask for advice and have my head bitten off.
> 
> ...


What a load of cornflakes. Good luck with anything.


----------



## MrSki (Sep 28, 2018)

Are you sure you have read the whole thread?

Start at the beginning & you will find your answer. Or if not fuck to somewhere else that charges for visa shit,.


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## joustmaster (Sep 28, 2018)

It's a bit strong asking someone to read 2000 posts


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## existentialist (Sep 29, 2018)

MrSki said:


> Are you sure you have read the whole thread?
> 
> Start at the beginning & you will find your answer. Or if not fuck to somewhere else that charges for visa shit,.


You don't have to start at the beginning - the last 10 pages will do it. Though I think our constituency is starting to become more educated, so that might have to go to 20 pages soon


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## existentialist (Sep 29, 2018)

Frank397 said:


> So I’m going to America with my mate, and he applied for an ESTA and done the usual no to everything, then a couple of weeks later he panicked and has ticked yes to the convictions one, would he be able to apply again in 10 days and his previous ESTA be wiped? Or will he now have to apply for a visa?


He's going to have to assume he's fucked himself. He's given them information, and none of us can know if that information will be kept or not. In his shoes, I'd divide my time between hitting myself in the face with the Giraffe of Correction, and considering making a formal visa application, assuming that the convictions are minor enough to present a problem there. If they aren't, then you're probably better off going to the States with a different mate.


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## wiskey (Sep 29, 2018)

The woman who accidentally ticked: 'I am a terrorist' - The woman who ticked: 'I am a terrorist'


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## Charlie Manson (Sep 29, 2018)

Frank397 said:


> Anyone see the daily mail with the family being refused entry to the US? How family's dream £4,500 Florida trip became a 'holiday from hell' | Daily Mail Online



There will be more to this story than meets the eye, i don't think they are letting on.


----------



## Eve Gibson (Sep 30, 2018)

Charlie Manson said:


> There will be more to this story than meets the eye, i don't think they are letting on.


Hi That’s what I think too, for all 3 to be picked out of the line and asked to go into a room then all 3 deported!!!!! I go with my little ones in 2 weeks and I’m actually having a breakdown as I have a conviction and worried that laws have changed in last few weeks.


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## Eve Gibson (Sep 30, 2018)

Has anyone been recently with a conviction?


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## Jay Park (Sep 30, 2018)

Eve Gibson said:


> Hi That’s what I think too, for all 3 to be picked out of the line and asked to go into a room then all 3 deported!!!!! I go with my little ones in 2 weeks and I’m actually having a breakdown as I have a conviction and worried that laws have changed in last few weeks.



Maybe a re-think on your plans, either way good luck.


----------



## Jay Park (Sep 30, 2018)

Eve Gibson said:


> Has anyone been recently with a conviction?



Yeah those 3 from the Mail article.


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## Mrs Miggins (Sep 30, 2018)

Jay Park said:


> Yeah those 3 from the Mail article.


No....they were apparently not convicted.


----------



## Jay Park (Sep 30, 2018)

Mrs Miggins said:


> No....they were apparently not convicted.



So this proves what?


----------



## Mrs Miggins (Sep 30, 2018)

Eve Gibson said:


> Hi That’s what I think too, for all 3 to be picked out of the line and asked to go into a room then all 3 deported!!!!! I go with my little ones in 2 weeks and I’m actually having a breakdown as I have a conviction and worried that laws have changed in last few weeks.


It depends what your conviction is for. If it wasn't drug related or caused "serious damage to property or serious harm to another person or government department", you can answer "no" with a clear conscience.


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## Mrs Miggins (Sep 30, 2018)

Jay Park said:


> So this proves what?


Fuck knows but they weren't convicted - according to the article.

More to it than meets the eye as has already been said.


----------



## Jay Park (Sep 30, 2018)

Mrs Miggins said:


> It depends what your conviction is for. If it wasn't drug related or caused "serious famage to property or serious harm to another person or government department", you can answer "no" with a clear conscience.



But those people weren't even convicted and were refused entry. Wouldn't any conviction, no matter the seriousness, result in the same outcome?


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## Mrs Miggins (Sep 30, 2018)

Jay Park said:


> But those people weren't even convicted and were refused entry. Wouldn't any conviction, no matter the seriousness, result in the same outcome?


I have no idea! The question was asked if anyone has been with a conviction and you said "those 3". That's all.


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## Charlie Manson (Sep 30, 2018)

Eve Gibson said:


> Has anyone been recently with a conviction?



Yes, me, last month.


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## Eve Gibson (Sep 30, 2018)

So has anyone heard of any new laws brought in that apparently the woman in the mail was told


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## Jay Park (Sep 30, 2018)

Mrs Miggins said:


> I have no idea! The question was asked if anyone has been with a conviction and you said "those 3". That's all.



You win..... Fuck knows as you say.


----------



## Eve Gibson (Sep 30, 2018)

Charlie Manson said:


> Yes, me, last month.


Was everything ok?  Do you think they know ANYTHING or nothing. Thank you for a reply that’s not sarcastic by the way.  I was convicted of theft (a lot of money all to pay my violent ex husbands bills, I did pay every penny back but I still can’t forgive myself) I got a suspended sentence and still have nightmares about everything.  EG isn’t my real name by the way!!   This is the first holiday me and the children have been on where I haven’t been beaten up but I wish now we were going somewhere else.


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## Charlie Manson (Sep 30, 2018)

Eve Gibson said:


> So has anyone heard of any new laws brought in that apparently the woman in the mail was told



Nope, the laws are the same. Why did they refuse entry to the son as well?


----------



## TruXta (Sep 30, 2018)

Eve Gibson said:


> Was everything ok?  Do you think they know ANYTHING or nothing. Thank you for a reply that’s not sarcastic by the way.  I was convicted of theft (a lot of money all to pay my violent ex husbands bills, I did pay every penny back but I still can’t forgive myself) I got a suspended sentence and still have nightmares about everything.  EG isn’t my real name by the way!!   This is the first holiday me and the children have been on where I haven’t been beaten up but I wish now we were going somewhere else.


You'll be fine as long as you don't fuck up the ESTA and don't blab during immigration checks.


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## Eve Gibson (Sep 30, 2018)

TruXta said:


> You'll be fine as long as you don't fuck up the ESTA and don't blab during immigration checks.


I got my ESTA through last year when I booked but now it’s coming round I’m so worried that things have changed.  I felt calmer until this story was in the press about those 3


----------



## Charlie Manson (Sep 30, 2018)

Eve Gibson said:


> Was everything ok?  Do you think they know ANYTHING or nothing. Thank you for a reply that’s not sarcastic by the way.  I was convicted of theft (a lot of money all to pay my violent ex husbands bills, I did pay every penny back but I still can’t forgive myself) I got a suspended sentence and still have nightmares about everything.  EG isn’t my real name by the way!!   This is the first holiday me and the children have been on where I haven’t been beaten up but I wish now we were going somewhere else.



They didn't know anything, if they did know about me i would of been put on the first flight back to the UK. I know its easy to say but don't worry about it.


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## Eve Gibson (Sep 30, 2018)

Charlie Manson said:


> They didn't know anything, if they did know about me i would of been put on the first flight back to the UK. I know its easy to say but don't worry about it.


Thank you, it’s nice to speak to someone who has experienced this.


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## TruXta (Sep 30, 2018)

Eve Gibson said:


> I got my ESTA through last year when I booked but now it’s coming round I’m so worried that things have changed.  I felt calmer until this story was in the press about those 3


I don't believe anything has changed.


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## Charlie Manson (Sep 30, 2018)

Eve Gibson said:


> Thank you, it’s nice to speak to someone who has experienced this.



No worries.


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## Charlie Manson (Sep 30, 2018)

This quote is taken from another article about the same family.

A Dawson and Sanderson spokesperson told Chronicle Live: “Whilst we cannot comment on individual cases, *we would emphasise how important it is for travellers to answer visa application questions fully and accurately.*

Which makes me think they have done border controls job for them and dropped themselves in it.


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## Eve Gibson (Sep 30, 2018)

Charlie Manson said:


> This quote is taken from another article about the same family.
> 
> A Dawson and Sanderson spokesperson told Chronicle Live: “Whilst we cannot comment on individual cases, *we would emphasise how important it is for travellers to answer visa application questions fully and accurately.*
> 
> Which makes me think they have done border controls job for them and dropped themselves in it.


Sorry I don’t understand how they dropped themselves in (I probably sound thick) they answered no to all questions but were still found out.


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## Charlie Manson (Sep 30, 2018)

We don't know that they answered no on the esta and why was the son refused entry? it says on one report that it was a blunder on the visa application.

Get yourself out there and come back on here and tell us how it went


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## Eve Gibson (Sep 30, 2018)

Charlie Manson said:


> We don't know that they answered no on the esta and why was the son refused entry? it says on one report that it was a blunder on the visa application.
> 
> Get yourself out there and come back on here and tell us how it went


Hi, it showed in the clip in the chronicle that they answered no to all questions but I agree it never mentioned anything about the son. They said Dawson and Sanderson did the estas for them and that they had been last October on same one. I don’t suppose we will get the truth!!!
I am so scared I took a load of tablets a couple of weeks ago but it’s too late to change anything so will have to pray that they won’t know anything about me.


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## Charlie Manson (Sep 30, 2018)

I've also read this morning that the son was frogmarched off first, so like i said earlier we will never know the full story on this one, one things for sure though, nobody has ever come on this forum and said they have been refused entry and i've read every page!


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## Eve Gibson (Sep 30, 2018)

Thank you for reassuring me


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## twentythreedom (Sep 30, 2018)

This thread is now a valuable national resource for miscreants planning to go to the US


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## Mrs Miggins (Sep 30, 2018)

I haven't been to the US for ages and the last few times I went into Miami where they question everyone coming in individually. Do they do that at all the major airports now? It's bloody intimidating even when you haven't lied on your ESTA!


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## twentythreedom (Sep 30, 2018)

Mrs Miggins said:


> I haven't been to the US for ages and the last few times I went into Miami where they question everyone coming in individually. Do they do that at all the major airports now? It's bloody intimidating even when you haven't lied on your ESTA!


What did they ask you?


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## Mrs Miggins (Sep 30, 2018)

twentythreedom said:


> What did they ask you?


Just why you are there (business or holiday), where you are staying, do you know anybody in the area. It's very low level stuff but I found it intimidating. They are very serious about it with their fancy, black uniforms and they ask absolutely everyone. I imagine they are looking for signs of nervousness.


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## 2hats (Sep 30, 2018)

Mrs Miggins said:


> Just why you are there (business or holiday), where you are staying, do you know anybody in the area. It's very low level stuff but I found it intimidating. They are very serious about it with their fancy, black uniforms and they ask absolutely everyone. I imagine they are looking for signs of nervousness.


Besides those I’ve been directly asked variously random and entertaining questions like - have you ever been in trouble with the police, have you ever been arrested, are you involved in espionage, etc. I just look vaguely bemused and reply no, which is the correct answer. They like to try to faze people. Transiting the DPRK border is less hassle (and much more fun). Even TLV entrance/exit interviews are more pleasant.


----------



## Mrs Miggins (Sep 30, 2018)

2hats said:


> Besides those I’ve been directly asked variously random and entertaining questions like - have you ever been in trouble with the police, have you ever been arrested, are you involved in espionage, etc. I just look vaguely bemused and reply no, which is the correct answer. They like to try to faze people. Transiting the DPRK border is less hassle (and much more fun). Even TLV entrance/exit interviews are more pleasant.


You must look significantly dodgier than me


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## Mrs Miggins (Sep 30, 2018)

I wonder if those Daily Mail people got the "have you ever been arrested?" question and answered "yes"?


----------



## phillm (Sep 30, 2018)

Mrs Miggins said:


> I wonder if those Daily Mail people got the "have you ever been arrested?" question and answered "yes"?




yes - the yes but......would have done it for them and money laundering is something the yanks are pretty interested in. Want to go next year so will be interested to see how it pans out for miscreants doing it all properly.


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## twentythreedom (Sep 30, 2018)

DENY EVERYTHING, ADMIT NOTHING 

[/thread]


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## existentialist (Sep 30, 2018)

Eve Gibson said:


> I got my ESTA through last year when I booked but now it’s coming round I’m so worried that things have changed.  I felt calmer until this story was in the press about those 3


I completely understand why that story has rattled you, but the experience of dozens of people on this thread who've been advised to say nothing and haven't come back to complain about duff advice - indeed some have come back to say it all went smoothly - suggests that you'll be fine. 

I got a whiff of that article not being quite 4 beats to the bar, something about a rather carefully worded denial by one of the party, which makes me think that there's more to that story than meets the eye. I wouldn't be surprised if some idiot said "werl, I was only ARRESTED, they can't touch me for that" , and dropped themselves in it that way.

If you are not on a watch list, don't make things complicated  and draw no attention to yourself, they just don't have the resources to dig deep into everyone's past. Answer questions briefly and directly (if not honestly) and be exactly what you are - a family off to have a lovely and well deserved holiday of a lifetime, hold your head up, and smile, and you'll be fine.


----------



## Eve Gibson (Sep 30, 2018)

existentialist said:


> I completely understand why that story has rattled you, but the experience of dozens of people on this thread who've been advised to say nothing and haven't come back to complain about duff advice - indeed some have come back to say it all went smoothly - suggests that you'll be fine.
> 
> I got a whiff of that article not being quite 4 beats to the bar, something about a rather carefully worded denial by one of the party, which makes me think that there's more to that story than meets the eye. I wouldn't be surprised if some idiot said "werl, I was only ARRESTED, they can't touch me for that" , and dropped themselves in it that way.
> 
> If you are not on a watch list, don't make things complicated  and draw no attention to yourself, they just don't have the resources to dig deep into everyone's past. Answer questions briefly and directly (if not honestly) and be exactly what you are - a family off to have a lovely and well deserved holiday of a lifetime, hold your head up, and smile, and you'll be fine.


Thank you, I’m hoping and praying everything will be fine


----------



## keybored (Sep 30, 2018)

Eve Gibson said:


> I felt calmer until this story was in the press about those 3



Best not to ever read The Daily Mail, life becomes so much better.


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## turps1 (Oct 1, 2018)

Hi, after reading through this thread, i thought id share my situation, any help/adivce is welcomed and greatly appreciated! * I am a UK citizen looking to travel to the US (Massachusetts) for business purposes*

So when i was 18 i was convicted for the supply of cannabis (small quantity) i was given a 6 month suspended sentence and 200 odd hours of commnunity service. I am now 23 and have completed my history degree and i am also about to complete my business masters. I am looking to find employment very soon and my intention is to get a sales role at an IT firm. I am through to the final stages for 3 companies, the problem is that each of them requires me to travel to the states for training/annual sales conferences as they are all headquartered in boston. I know do the crime do the time and all that but i was young and stupid and since then i feel i have taken the necessary steps to prove that i am fully rehabilitated.

So, is my offense considered of moral turpitude if cannabis is legal in boston? I know that an esta is probably out of the question but is it possible i might be able to secure a b1 visa with this conviction? Its a real kick in the teeth as all the companies i want to work for are US based so i have completly ruined my chances of progression in my career choice 
	

	
	
		
		

		
			





Any help is greatly appriciated
Thanks in advance!


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## Supine (Oct 1, 2018)

mattechustes?

Really?


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## Mrs Miggins (Oct 1, 2018)

The drug conviction question is a seperate question on the ESTA to the moral turpitude question and they don't use the phrase "moral turpitude" now anyway.

So you either tick "no" to everything on an ESTA and hope to get away with it - as pretty much everyone seems to - or apply for a full visa. I'm not sure they look too kindly on any drug convictions but I don't know that.


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## wiskey (Oct 2, 2018)

Your situation is no different to anyone else's on the thread really, tick no and have a good trip. 

BTW the fact its legal in Boston will have no bearing on a conviction in another country where it wasn't legal.


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## skyscraper101 (Oct 2, 2018)

Just got back from Boston, nice city. You can defs smell weed is legal there these days. Standard Q&A fare still applies at the airports too, and my usual advice to all UK travelers to the US still applies regardless of convictions:

Do not waffle on with unnecessary details about your holiday plans to the immigration official. None of them care if you're really looking forward to going to disneyland or whatever. Just answer them as simply and quickly as possible, because you're holding everyone up.


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## nogojones (Oct 2, 2018)

They're all typing from their hotel rooms/ US bars you notice.

You don't get to hear from them when they're picked up and doing 20 in a supermax when trying to exit the US


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## 1%er (Oct 2, 2018)

turps1 said:


> . I am looking to find employment very soon and my intention is to get a sales role at an IT firm. I am through to the final stages for 3 companies, the problem is that each of them requires me to travel to the states for training/annual sales conferences as they are all headquartered in boston.
> I know that an esta is probably out of the question but is it possible i might be able to secure a b1 visa with this conviction? Its a real kick in the teeth as all the companies i want to work for are US based so i have completly ruined my chances of progression in my career choice
> 
> 
> ...


You are correct, you can not go with an ESTA for training or conferences (officially), you will need to apply for a B1 visa and will have to have an interview. Your problem is that one of the required documents when applying for a B1 visa is a police ACRO report (it may be called something else nowadays, but is basically a criminal records check). You may get away using a ESTA by saying you are visiting friends or on holiday, but at some point in the future it may be the company you work for that apply for your B1 and just tell you when the interview with the Embassy is, that could make things awkward for you.

See US embassy documents required for B1 visa

I should add that just because you have a conviction it doesn't mean you will automatically be denied a B1 visa, I used to go to conferences often in the US and met a number of people over the years who had convictions and were from the UK.


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## skyscraper101 (Oct 2, 2018)

I go to conferences all the time in the US and have never needed a visa (although I do have one anyway), but virtually all my colleagues use an ESTA.

I don't remember having to do a ACRO either when I applied for my B1.


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## 1%er (Oct 2, 2018)

skyscraper101 said:


> I go to conferences all the time in the US and have never needed a visa (although I do have one anyway), but virtually all my colleagues use an ESTA.
> 
> I don't remember having to do a ACRO either when I applied for my B1.


I am going by the advise from the US embassy website about documents for a B1, see my link in the above post
Also if you check other pages on that site you see that it says you can not travel on a ESTA for training or to attend conferences, you should apply for a B1.

This is what it says "B-1 visas are nonimmigrant visas for persons traveling to the United States temporarily to engage in business activities such as the negotiation of contracts, consultation with business associates, litigation, and participation in scientific, educational, professional or business conventions, conferences or seminars and other legitimate activities of a commercial or professional nature". Here is the link for that text

Edit to add links for people reading this in the future: 
Link to required documents 
Link that shows you need to attend for a face to face interview


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## skyscraper101 (Oct 2, 2018)

1%er said:


> I am going by the advise from the US embassy website, see my link in the above post



Understood. Sorry I've read your post properly now.


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## existentialist (Oct 2, 2018)

I think the thing here is that, if you think that you are ever likely to need to apply for a visa in future, it wouldn't do to lie on an ESTA form - because if they tie the ESTA form in with the visa application, they are quickly going to realise that you lied on the ESTA form, and that might in itself be grounds to refuse a visa.

This is one of those bastard-tricky problems that randoms on the internet probably aren't in a position to answer: you're probably better off getting professional advice, on the basis that doing the wrong thing now could end up being quite costly to you down the line. A decent lawyer will probably be able to give you a reasonable steer on a) whether your conviction is likely to prevent you travelling soon, b) whether it would stop you getting a B1 visa at a later stage, and c) whether the lying-on-the-ESTA issue is likely to be a problem.


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## 1%er (Oct 2, 2018)

existentialist said:


> I think the thing here is that, if you think that you are ever likely to need to apply for a visa in future, it wouldn't do to lie on an ESTA form - because if they tie the ESTA form in with the visa application, they are quickly going to realise that you lied on the ESTA form, and that might in itself be grounds to refuse a visa.
> 
> This is one of those bastard-tricky problems that randoms on the internet probably aren't in a position to answer: you're probably better off getting professional advice, on the basis that doing the wrong thing now could end up being quite costly to you down the line. A decent lawyer will probably be able to give you a reasonable steer on a) whether your conviction is likely to prevent you travelling soon, b) whether it would stop you getting a B1 visa at a later stage, and c) whether the lying-on-the-ESTA issue is likely to be a problem.


The biggest problem with visa's is that it is people who make the decision, unlike the ESTA (which isn't a visa) where the decision is made by a computer algorithm. So whenever you have to apply face to face for a visa you have to deal with how the person issuing it perceives you, what kind of day they have had, what mood they are in etc. 

I agree with you that anyone who has to apply for anything other than an ESTA and believes they may have a problem should get proper advice from a professional who understands fully how the system works and also knows how to mitigate things that could cause a problem. Records are records and nowadays almost anything you do with officials/government agencies is recorded and easily accessible for people with access to look back on.


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## Charlie Manson (Oct 3, 2018)

I'd stick with the esta if i were you, once you've confessed to a drug conviction to the us embassy in order to apply for a visa you're fucked. They hate drug convictions with a passion and will almost 100%  reject your request, plus as mentioned, they have you on file forever. You would have more chance of a visa if you'd been a murderer.


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## Mrs Miggins (Oct 3, 2018)

skyscraper101 said:


> I go to conferences all the time in the US and have never needed a visa (although I do have one anyway), but virtually all my colleagues use an ESTA.


I've been for conferences on an ESTA as well and all the consultants I worked with always go on an ESTA and they are all technically doing business.


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## TruXta (Oct 3, 2018)

Mrs Miggins said:


> I've been for conferences on an ESTA as well and all the consultants I worked with always go on an ESTA and they are all technically doing business.


Same. As long as you don't get paid in the US I think you're fine, but that could well be wrong.


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## Mrs Miggins (Oct 3, 2018)

TruXta said:


> Same. As long as you don't get paid in the US I think you're fine, but that could well be wrong.


It must be something to do with that yes.


----------



## ScoobyRay (Oct 4, 2018)

Hi everyone,
Not here for advice,  I'm a good boy and never been in trouble, but I've read this thread numerous times since the first time I went to the states 3 years ago and have to say I have had much amusement in that time from the replies. I read a story recently about a north east couple and their 21 year old son that were arrested, thrown in jail and deported the next day as when they landed, the border officials said they hadnt declared a money laundering arrest from 11 years back (they say they were cleared of it). It got me thinking that has their been a change to the process now so records are checked (I know the US and UK dont share criminal records) but if thats the case, this couple wouldnt of got deported? The story says "They told us something had changed because of Donald Trump".

Hopefully they were just unlucky but thought you guys would like to know..


----------



## 1%er (Oct 4, 2018)

ScoobyRay said:


> Hi everyone,
> Not here for advice,  I'm a good boy and never been in trouble, but I've read this thread numerous times since the first time I went to the states 3 years ago and have to say I have had much amusement in that time from the replies. I read a story recently about a north east couple and their 21 year old son that were arrested, thrown in jail and deported the next day as when they landed, the border officials said they hadnt declared a money laundering arrest from 11 years back (they say they were cleared of it). It got me thinking that has their been a change to the process now so records are checked (I know the US and UK dont share criminal records) but if thats the case, this couple wouldnt of got deported? The story says "They told us something had changed because of Donald Trump".
> 
> Hopefully they were just unlucky but thought you guys would like to know..


The UK still don't share records of convictions/arrests with the US (as a matter of course) unless a special request is made to the Home office and then sometimes records are shared. You can be sure that ICE, TSA and Boarder control sometimes do random checks on ESTA traffic. A search on Google could bring up information on people if a court case was in the newspapers for example. There are a number of ways that US agencies could research individuals that have applied for an ESTA,so I'm sure there are many other stories like the one you mention.

ESTA or B1 visa
On the point about "getting in" to go to a conferences or seminar using a ESTA, I'm sure many people have including myself if I use my UK passport (I have a ten year visa in my Brazilian passport but depending on where I am traveling after visiting the USA, I sometimes us my UK passport for easy entry into my destination when leaving the US).

The point I was making above is clear if you read the post, the advise from the US embassy is on their website, it states "B-1 visas are nonimmigrant visas for persons traveling to the United States temporarily to engage in business activities such as the negotiation of contracts, consultation with business associates, litigation, and participation in scientific, educational, professional or business conventions, conferences or seminars and other legitimate activities of a commercial or professional nature". Here is the link to that text. You only need to meet an immigration officer who is a stickler for the rules and you my find yourself being bounced right back to where you came from. Also if you apply for the correct visa and have a face to face meeting, it gives you the opportunity to be granted a longer visa if you intend to travel often, there are options for UK citizens to be granted a 2, 5 or 10 year visa meaning you don't keep needing to apply for an ESTA.


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## Charlie Manson (Oct 4, 2018)

ScoobyRay said:


> Hi everyone,
> Not here for advice,  I'm a good boy and never been in trouble, but I've read this thread numerous times since the first time I went to the states 3 years ago and have to say I have had much amusement in that time from the replies. I read a story recently about a north east couple and their 21 year old son that were arrested, thrown in jail and deported the next day as when they landed, the border officials said they hadnt declared a money laundering arrest from 11 years back (they say they were cleared of it). It got me thinking that has their been a change to the process now so records are checked (I know the US and UK dont share criminal records) but if thats the case, this couple wouldnt of got deported? The story says "They told us something had changed because of Donald Trump".
> 
> Hopefully they were just unlucky but thought you guys would like to know..



You haven't read the previous two pages of this thread have you goody two shoes.


----------



## ScoobyRay (Oct 4, 2018)

Blimey didn't even see that. Serves me right for being an old fart


----------



## Jupiter212 (Oct 13, 2018)

Well, what can I say? I read and read this thread from the very start to the end just before we went.
My partner has an extensive criminal record, including 5 custodial, and over 40 arrests of which 28 went to court, all of which were about 10 years ago. 
Clicked no on ESTA, queues up with family at immigration, they asked where we worked where we were staying, even had a laugh with me as I work at a butchers and wondered if I got free meat, scary looking but polite and kind, fingerprints took, eyes scanned, stamped off ya go have a good holiday! As the very experienced people on here have been telling everyone, they know nothing if you don’t tell them! The feeling when you get through is amazing! It was so hard not just giving each other a high 5 haha. Roll the dice, we’ve just done 2 weeks at Florida! A couple of young lads before us got took away for more questioning but they were sweating and looked really on edge. Just keep cool, be confident and you will be fine!


----------



## wiskey (Oct 13, 2018)

Jupiter212 said:


> Just keep cool, be confident and you will be fine!


----------



## Maltin (Oct 13, 2018)

1%er said:


> I am going by the advise from the US embassy website about documents for a B1, see my link in the above post
> Also if you check other pages on that site you see that it says you can not travel on a ESTA for training or to attend conferences, you should apply for a B1.
> 
> This is what it says "B-1 visas are nonimmigrant visas for persons traveling to the United States temporarily to engage in business activities such as the negotiation of contracts, consultation with business associates, litigation, and participation in scientific, educational, professional or business conventions, conferences or seminars and other legitimate activities of a commercial or professional nature". Here is the link for that text
> ...


I'm not sure this advice is correct.  The next page after the B1 Overview you link to says "Can I travel under the VWP (Visa Waiver Program) & ESTA?" with this information:



> You will require a visa to travel to the United States unless you are eligible to enter the United States visa free under the Visa Waiver Program, or you are a citizen of Canada or Bermuda.
> 
> A visa is also required if you applied for travel authorization under the Electronic System for Travel Authorization (ESTA) and your registration has been denied.



Clicking the Visa Waiver Program link says:



> Travelers seeking to enter the United States for business or tourism (B-1/B-2 visa), or in transit (C-1) for less than 90 days may be eligible to travel to the United States visa free under the _Visa Waiver Program_ (VWP) if they meet specific requirements.
> 
> The VWP _*cannot be used*_ if your purpose of travel is to study for credit, employment, work as foreign press, radio, film, journalists, or other information media, or take up permanent residence.



Under the Who is eligible section it states that those eligible include citizens of the UK:



> holding _*valid, full validity e-passports with an electronic chip who are traveling *_
> 
> 
> for business, pleasure or transit for less than 90 days. _*Visa-free travel does not include those who plan to study, work or remain in the United States for more than 90 days*_;




Therefore, as long as you don't work there for longer than 90 days at a time, are not employed there and you are otherwise eligible, you can use the ESTA.


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## TruXta (Oct 13, 2018)

Jupiter212 said:


> Well, what can I say? I read and read this thread from the very start to the end just before we went.
> My partner has an extensive criminal record, including 5 custodial, and over 40 arrests of which 28 went to court, all of which were about 10 years ago.
> Clicked no on ESTA, queues up with family at immigration, they asked where we worked where we were staying, even had a laugh with me as I work at a butchers and wondered if I got free meat, scary looking but polite and kind, fingerprints took, eyes scanned, stamped off ya go have a good holiday! As the very experienced people on here have been telling everyone, they know nothing if you don’t tell them! The feeling when you get through is amazing! It was so hard not just giving each other a high 5 haha. Roll the dice, we’ve just done 2 weeks at Florida! A couple of young lads before us got took away for more questioning but they were sweating and looked really on edge. Just keep cool, be confident and you will be fine!


^^^

the kind of poster this thread deserves


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## Jupiter212 (Oct 13, 2018)

do we know if access to uk records is set to change in the near future?  I really thought something would come up on the computer, even a little something, but nothing at all, all those poor people going for a visa because of a caution.... don’t do it! Listen to the advice.


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## Mrs D (Oct 13, 2018)

What a lengthy thread... no doubt after Brexit there will be even more questions such as whether to attempt a week in Magaluf with a conviction for affray.


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## ScoobyRay (Oct 26, 2018)

Mrs D said:


> What a lengthy thread... no doubt after Brexit there will be even more questions such as whether to attempt a week in Magaluf with a conviction for affray.


If you listen to the worriers, after Brexit none of us will be able to afford to travel anywhere and will be getting food air-lifted in like we are refugees. Will be like The Purge, people killing each other for a bag of frozen peas


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## Emjay23 (Oct 26, 2018)

Hi everyone, been reading this post since start of this year lots of information but thank you to everyone for your experiences, i have a caution for possession of cannabis on my official record but was arrested for possession with intent to supply a class b drug because of the amount i was carrying. Long story short i had to go to america in summer to be with my family who didnt know about the caution and i lied on my esta.. no problems all the way got to customs at orlando airport. Scanned finger and eyes had a quick chat with the guy about football as the world cup was on and that was it walked on through with a big grin on my face  Like it has been said before many times dont declare anything and be confident as f**k and god willing you shouldnt have any problems.


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## skyscraper101 (Oct 26, 2018)

Stop fucking chit chatting with the border security officials. It's not a requirement. Just answer the questions quickly and look uninterested. You're holding everyone else up. Thanks.


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## TruXta (Oct 26, 2018)

skyscraper101 said:


> Stop fucking chit chatting with the border security officials. It's not a requirement. Just answer the questions quickly and look uninterested. You're holding everyone else up. Thanks.


Nah, a bit of chat is mandatory.


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## TruXta (Oct 26, 2018)

Dp


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## skyscraper101 (Oct 26, 2018)

TruXta said:


> Nah, a bit of chat is mandatory.



Needs to be bare minimum though. Extensive waffling about the world cup or the fringe benefits to being a butcher is not on the entry requirements. Nor is it getting everyone else waiting through any quicker.


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## Charlie Manson (Oct 26, 2018)

skyscraper101 said:


> Needs to be bare minimum though. Extensive waffling about the world cup or the fringe benefits to being a butcher is not on the entry requirements. Nor is it getting everyone else waiting through any quicker.



Yeah but we are British, we like to chat shit to total strangers.


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## skyscraper101 (Oct 26, 2018)

Don't I know it


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## TruXta (Oct 26, 2018)

skyscraper101 said:


> Needs to be bare minimum though. Extensive waffling about the world cup or the fringe benefits to being a butcher is not on the entry requirements. Nor is it getting everyone else waiting through any quicker.


I've only once had anything other than a gruff and huff entry to the US. The first time at JFK I honestly thought they'd ask me to _step this way sir_.


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## skyscraper101 (Oct 27, 2018)

Trickiest part for me is having to tell them who I work for (well known US media company) while  at the same time downplaying it to the point of being short to not make it a conversation piece.


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## existentialist (Oct 27, 2018)

skyscraper101 said:


> Needs to be bare minimum though. Extensive waffling about the world cup or the fringe benefits to being a butcher is not on the entry requirements. Nor is it getting everyone else waiting through any quicker.


More to the point, chat is a good way of distracting people from being on their guard - a nice bit of disarming chat is all it needs to lower the defences enough to give something away.

These guys aren't there to make nice to tourists, so if there's a reason for having a little bit of chat, it's not human kindness or PR. Or, at the very least, anyone posting on this thread would do well to assume it isn't...


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## Pickman's model (Oct 27, 2018)

existentialist said:


> More to the point, chat is a good way of distracting people from being on their guard - a nice bit of disarming chat is all it needs to lower the defences enough to give something away.
> 
> These guys aren't there to make nice to tourists, so if there's a reason for having a little bit of chat, it's not human kindness or PR. Or, at the very least, anyone posting on this thread would do well to assume it isn't...


they may indulge in some small talk if they're bored and the computer's slow


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## Supine (Oct 27, 2018)

I flew back into the UK last month - for the fifth time in four weeks due to work. The border guard was being nice and friendly asking me why I'd gotten rid of the goatie beard. 

All of a sudden he went serious,looked me in the eye and quickly asked me my date of birth. I answered immediately and he smiled then let me through. He was definitely checking me out though 

Keep the chat to a minimum I reckon.


----------



## pesh (Oct 27, 2018)

totally keep the chat to a minimum, all the innocent small talk they will try to engage you in is designed to trip you up.
genuine lol at the 'lets be nice to them and they'll be lulled into a false sense of security and let us in' chat here.
just fucking no.


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## keybored (Oct 27, 2018)

Two words should suffice.


----------



## Charlie Manson (Nov 1, 2018)

Supine said:


> I flew back into the UK last month - for the fifth time in four weeks due to work. The border guard was being nice and friendly asking me why I'd gotten rid of the goatie beard.
> 
> All of a sudden he went serious,looked me in the eye and quickly asked me my date of birth. I answered immediately and he smiled then let me through. He was definitely checking me out though
> 
> Keep the chat to a minimum I reckon.



I'd have refused you entry just because you'd had a goatie in the first place.


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## CANTONA (Nov 23, 2018)

Hello all.

Huge thread and lots of good info but forgive me for not going through all 67 pages. I need some advice if possible?

I have a drink driving conviction from 2012 which resulted in community service. Since then, I travelled to the middle east and also the states in 2013. I am due to go back to America this month but have been denied travel via ESTA even after clicking no to everything (off the back of advice and experience). 

I am now going to go to the Embassy for a visa interview-as it's an old conviction and a minor one, shall I keep it to myself? I am an upstanding member of the community and this is my only offence and just want to get the visa approved.I'm struggling to work out why it would have been denied.

Is honesty the best policy or not?

Any help would be great!


----------



## TruXta (Nov 23, 2018)

CANTONA said:


> Hello all.
> 
> Huge thread and lots of good info but forgive me for not going through all 67 pages. I need some advice if possible?
> 
> ...


Since you clicked no on the esta best keep your previous to yourself, as lying on the esta is pretty much an automatic no for the next 10 years.


----------



## Pickman's model (Nov 23, 2018)

CANTONA said:


> Hello all.
> 
> Huge thread and lots of good info but forgive me for not going through all 67 pages. I need some advice if possible?
> 
> ...


not sure you can, in the eyes of the law, be both an upstanding citizen and a convicted drunk driver simultaneously.


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## CANTONA (Nov 23, 2018)

TruXta said:


> Since you clicked no on the esta best keep your previous to yourself, as lying on the esta is pretty much an automatic no for the next 10 years.



Thanks for such a quick reply.

Do you think there would be any way they could see any previous convictions? Even if not disclosed? 

Also, if you or anyone would care to hazard a guess-why do you think it was denied?


----------



## CANTONA (Nov 23, 2018)

Pickman's model said:


> not sure you can, in the eyes of the law, be both an upstanding citizen and a convicted drunk driver simultaneously.


times and people change


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## TruXta (Nov 23, 2018)

CANTONA said:


> Thanks for such a quick reply.
> 
> Do you think there would be any way they could see any previous convictions? Even if not disclosed?
> 
> Also, if you or anyone would care to hazard a guess-why do you think it was denied?


There's seems to be some disagreement on what exactly the US embassy can get hold of in terms of convictions.

As for why it was denied, difficult to judge. Do you have a Arabic sounding name?


----------



## CANTONA (Nov 23, 2018)

TruXta said:


> There's seems to be some disagreement on what exactly the US embassy can get hold of in terms of convictions.
> 
> As for why it was denied, difficult to judge. Do you have a Arabic sounding name?


I travelled to the states on an esta after the conviction so not sure why there would be an issue now.

No, not at all. Very british


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## skyscraper101 (Nov 23, 2018)

There was that incident at Palace of course.


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## existentialist (Nov 23, 2018)

TruXta said:


> There's seems to be some disagreement on what exactly the US embassy can get hold of in terms of convictions.
> 
> As for why it was denied, difficult to judge. Do you have a Arabic sounding name?


I have a feeling there's a thing whereby the embassy can ask YOU to produce evidence of your criminal record. It's somewhere in the last 67 pages of the thread. If that's the case, you may have shot yourself in the foot...


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## TruXta (Nov 23, 2018)

CANTONA said:


> I travelled to the states on an esta after the conviction so not sure why there would be an issue now.
> 
> No, not at all. Very british


Huh. I've honestly no idea then. Good luck either way.


----------



## TruXta (Nov 23, 2018)

skyscraper101 said:


> There was that incident at Palace of course.


Surely all has been forgiven?


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## CANTONA (Nov 23, 2018)

existentialist said:


> I have a feeling there's a thing whereby the embassy can ask YOU to produce evidence of your criminal record. It's somewhere in the last 67 pages of the thread. If that's the case, you may have shot yourself in the foot...


How would I have shot myself in the foot? Just to clarify


----------



## TruXta (Nov 23, 2018)

CANTONA said:


> How would I have shot myself in the foot? Just to clarify


If they ask for your criminal record  and it has your conviction on it, and you've previously declared you have none...


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## Mrs Miggins (Nov 23, 2018)

Have you been to the middle east a lot CANTONA? Could it be that that is making them deny the ESTA?

I know at least 1 person who has 2 passports (which is perfectly legal) because they travel to the ME and the US a lot and they use one for ME travel and the other for US travel so that they don't have ME visas on the passport they use for the US and vice versa. It can cause problems both ways apparently.


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## Argonia (Nov 23, 2018)

Lovely to see Eric Cantona at the boards.


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## existentialist (Nov 23, 2018)

CANTONA said:


> How would I have shot myself in the foot? Just to clarify


You made a statement on your ESTA that you had no relevant criminal convictions. That was completely in line with the advice that generally gets given here, but in your case you're now in a bit of a bind - you can't really do anything but reiterate your claim not to have any convictions, but there's a risk that they may find out if you attend at the Embassy...if it turns out they want, or are able to ask you to provide, your criminal record.

Probably one of those cases where it might be a very good idea to get some slightly more formal legal advice on what your best options are...


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## skyscraper101 (Nov 23, 2018)

Just go there and say nothing. Seriously. Don’t waste time on lawyers. If they have managed to dig up some old conviction for what is a relatively minor offence then it will have been a first in the entirety of this thread to my knowledge.

And report back obvs.


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## CANTONA (Nov 26, 2018)

Thank you all for the advice


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## existentialist (Nov 26, 2018)

CANTONA said:


> Thank you all for the advice


Good luck!


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## nogojones (Nov 26, 2018)

I reckon its because you're back n forth to the ME, or you clicked yes on something without realising.

If by some miracle they have found out about your DD conviction tell them, sorry you didn't think it fell under moral terpitude.


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## Mrs Miggins (Nov 27, 2018)

Sadly, the phrase "moral turpitude" is no longer on the form which is a shame as I find delightfully archaic. They realised that nobody knows what it means.


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## Mrs Miggins (Nov 27, 2018)

Yes good luck and please let us know how you get on - if you can. It's good to have the thread enriched with more experiences. Hopefully positive!


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## keybored (Nov 27, 2018)

nogojones said:


> If by some miracle they have found out about your DD conviction tell them, sorry you didn't think it fell under moral terpitude.



"It wasn't moral turpitude, is was normal turpentine. *hic*"


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## Mrs Miggins (Nov 27, 2018)

The question now says the conviction has to have "resulted in serious damage to property or serious harm to another person or government agency"

If the DD conviction did none of those, then answering no is perfectly correct.

Love the way property comes first in the list of things they are worried about being damaged.

I really think in this case it's likely to be the ME travel as that's connected to the passport so it's reasonable to assume they might know that. The notion that they are trawling everyone's arrest records back to 2013 is not really believable.


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## CANTONA (Dec 10, 2018)

So no issues with granting me a 10 year visa. No questions around convictions etc just about an overstay 10 years ago!


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## skyscraper101 (Dec 10, 2018)

CANTONA said:


> So no issues with granting me a 10 year visa. No questions around convictions etc just about an overstay 10 years ago!



So you overstayed 10 years ago. You didn't mention this. Did you declare it in the past or did they find out some other way?


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## wiskey (Dec 10, 2018)

But they've let you back in since then


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## CANTONA (Dec 10, 2018)

skyscraper101 said:


> So you overstayed 10 years ago. You didn't mention this. Did you declare it in the past or did they find out some other way?


It had totally slipped my mind. It was visible to them at the consulate. 

It was approved at the embassy, now in processing.


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## skyscraper101 (Dec 10, 2018)

CANTONA said:


> It had totally slipped my mind. It was visible to them at the consulate.
> 
> It was approved at the embassy, now in processing.



But had you ever declared it in the past, or had it acknowledged in any way?

Presumably you had applied for, and had approved, ESTAs within the last 10 years, so I'm interested as to what happened.


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## JimW (Dec 10, 2018)

CANTONA said:


> So no issues with granting me a 10 year visa. No questions around convictions etc just about an overstay 10 years ago!


Nice one for reporting back! And glad you got in.


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## CANTONA (Dec 10, 2018)

skyscraper101 said:


> But had you ever declared it in the past, or had it acknowledged in any way?
> 
> Presumably you had applied for, and had approved, ESTAs within the last 10 years, so I'm interested as to what happened.



No, I'd not declared it at all. Im not sure how this has happened either but I am, of course, very grateful.

Could I pick your brain on the typical processing time now? I had my interview on Friday and the interviewer confirmed it was approved, now the status says administrative processing.  Heard horror stories on this


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## Mrs Miggins (Dec 10, 2018)

CANTONA said:


> So no issues with granting me a 10 year visa. No questions around convictions etc just about an overstay 10 years ago!


Yeah you didn't mention that!  Every country takes overstaying visas seriously but...they've let you back in since.

God knows what the logic of it all is!


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## CANTONA (Dec 10, 2018)

Mrs Miggins said:


> Yeah you didn't mention that!  Every country takes overstaying visas seriously but...they've let you back in since.
> 
> God knows what the logic of it all is!


Im not sure but they acknowledged that was the issue but granted at time of interview anyway


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## skyscraper101 (Dec 10, 2018)

CANTONA said:


> No, I'd not declared it at all. Im not sure how this has happened either but I am, of course, very grateful.
> 
> Could I pick your brain on the typical processing time now? I had my interview on Friday and the interviewer confirmed it was approved, now the status says administrative processing.  Heard horror stories on this



I'm not entirely sure, but mine didn't take long. This was in 2013 though so.. things may have changed.


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## CANTONA (Dec 14, 2018)

So it's been a week since my visa was approved but still the status page still says "Appointment". Does any one have similar experience?


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## Shechemite (Dec 14, 2018)

Just cancel all flights to the states. Or bin this thread. Whichever is easier


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## CANTONA (Dec 14, 2018)

MadeInBedlam said:


> Just cancel all flights to the states. Or bin this thread. Whichever is easier


??


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## Southern99 (Feb 15, 2019)

Hello all. I got a possession charge for controlled substances last year, which culminated in a meeting with a magistrate and a fine. No previous history. I’ve been reading the forum for a year but time has gone quickly. I have an important meeting in the US coming up soon. I’ve said negative on the esta to all the silly questions. Can some kind soul from the UK with a similar staus, please confirm they’ve been to the US in 2019 with no problems? I’m starting to worry, although I’m sure it will be ok.


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## Charlie Manson (Feb 16, 2019)

Do you work for US border control?


Southern99 said:


> Hello all. I got a possession charge for controlled substances last year, which culminated in a meeting with a magistrate and a fine. No previous history. I’ve been reading the forum for a year but time has gone quickly. I have an important meeting in the US coming up soon. I’ve said negative on the esta to all the silly questions. Can some kind soul from the UK with a similar staus, please confirm they’ve been to the US in 2019 with no problems? I’m starting to worry, although I’m sure it will be ok.


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## Southern99 (Mar 10, 2019)

As U75 was a source that brought me great comfort, it's my duty to feedback.

Landing in US, I had to go through a computer terminal to scan my passport, take a photo and prints, then into a queue to see the immigration officer. I got asked two questions - business/vacation and where are you staying. The guy barely looked up, stamped my passport and that was it.

As everybody here has said, theres no route integration with UK police intelligence. Be confident. Make sure you have your reason for visit well prepared. Take zero risks. I even removed my lens wipes from hand luggage. And, you'll be just fine.


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## TEMPACCT2019 (Apr 2, 2019)

Hey! Having just returned from an incredible trip to NYC, I just wanted to come and leave some feedback as this thread offered me so much good advice and comfort when I needed it. 

I realised a week before travelling that my spent conviction - a "theft from employer" conditional discharge from the start of 2007 - might cause problems and having trawled the internet for info nearly cancelled the trip. Especially given that there was some press coverage of what happened to me, which would be publicly accessible. But I had absolutely no problems whatsoever getting in to the US - in fact, the last time I went in 2006 was a lot more touch-and-go (post-9/11).

There was no form to fill in on the plane, just the ESTA, in which I could answer honest nos to all questions. The immigration officer asked me I think 2 further questions (where are you staying, how long for) and I was immediately waved me through. Absolutely no problem, absolutely no sense that they have access to any police info. It was totally, totally fine. 

Sincerest thanks to everyone who's left feedback in this thread. I didn't sleep at all for 2 consecutive nights when I realised what was going on and how I might still have a problem despite it being a spent conviction but having found through this thread I finally got some sleep. I also made a list of all the comments from people saying it would be fine and sharing their experiences, then whenever I got really stressed I read back through all those comments and it was a life-saver. 

THANK YOU!


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## skyscraper101 (Apr 2, 2019)

Another satisfied customer. The urban75 'UK to the USA with a criminal record' thread. Since 2006.


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## Itsjapatti (Apr 20, 2019)

So this forum has been fantastic to look through and il be putting the 'hope for the best' approach to the test on the 18th of may.

Got a couple cannabis cautions, been sectioned previously and recieved a conviction for possession of cannabis.

Lets hope it works i suppose, seems to be pretty hit or miss but seems its worth a try.

My only concern is il be going through Vegas, which someone mentioned previously that they werent successful there.

Il update with how it goes.


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## polarb (Apr 22, 2019)

So, firstly, sorry for intruding on your site just to comment on this thread! But I think I have some interesting information to share.

I used to travel a couple times a year to visit my aunt in California - never had a criminal record at this point but over the last couple of years I've been arrested on 3 separate occasions (Last time in March 2018 & never charged or convicted, just one caution) and haven't travelled since. Long story shorter, I spent hours looking through this thread and thought 'f*ck it', renewed my passport, answered 'no' on all ESTA questions because I decided none of my arrests were for anything 'serious' (approved) and booked my flights feeling pretty chill.

Then.... over this bank holiday weekend, I got talking to a friend of a friend in a beer garden and coincidentially he mentioned when he went to Vegas last year with his mates, he was 'flagged up red' at a kiosk at LAS and taken for secondary questioning. Turns out he had been arrested for a drunken brawl a couple of year back. He told the cutoms officer he didn't realise it was serious enough to have answered 'yes' to on ESTA form but the officer claimed that wasn't the issue as the guy had also previously been arrestted for fraud. My 'friend of a friend' then went on to explain this was a complete misunderstanding on the police's behalf AND HE WAS LET IN TO THE COUNTRY! That's all it took.

Found it pretty bizarre as I'd never heard of anything like that happening, neither here or on other forums, especially with the reitterated advice that the U.S and U.K don't share criminal records.... then remembered reading about that family that got deported and ended up in the daily mail on here. I know it's only two instances but does anyone reckon in recent years that people are only getting flagged up if their arrests relate to financial morality/arrests relating to such?

I'm not stressing about my own situation, flight prices have gotton ridicuously cheap for me since I last went, if I'm deported, I'm deported and I'll just have to never leave the country ever again  but thought it was an interesting anecdote to share.


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## skyscraper101 (Apr 22, 2019)

I went to Miami the other day and for the first time ever they didn’t even bother to stamp my passport at immigration which I thought was most odd.

I also saw Will Smith shooting a scene for Bad Boys 3 but that's another story.


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## Itsjapatti (May 19, 2019)

So a quick update for those wondering.
Despite a list of cautions for a variety of things and a conviction for possession, i walked through vegas customs with ease. Only question i was asked is how long am i there for. Took my prints, scanned my passport and photographed me and let me straight through.
I hope this brings a bit of comfort to whoever finds themselves in a similar situation.

Thanks to everyone who contributed with their experiences, it helped my nerves massively and ultimately got me where i needed to be.


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## JimW (May 19, 2019)

Thanks for reporting back Itsjapatti, always appreciated.


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## wiskey (May 19, 2019)

Either this thread has dropped down the Google search or people seem to be getting it


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## Ma saski (May 31, 2019)

So...lurked here whilst doing research. Arrested back in 2011 for possession class B and got a police caution. 

After taking advice in this thread, filled in Esta, answered no to everything and duly walked through NY immigration no probs; all fingers printed and retinas scanned. Now sat in Manhattan sipping a Peroni. 

Like the man says, stop worrying and enjoy your holiday. 

Big ups to you all. X


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## Charlie Manson (Jun 1, 2019)

Recently returned from another trip to the states, immigration was the usual circus for everyone in the terminal, we were in the esta returning que, some in our party had the finger print and retina scan, he just looked at my passport and waved me through

So the usual advice, terms and conditions in the thread still apply.

Keep your head down and don't worry.


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## wiskey (Jun 1, 2019)

13 years later and I feel like we're getting somewhere


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## freebird1981 (Jun 4, 2019)

General advise on here appears to be "say no and go"...

We know the US currently don't have direct access to the PNC, however what are your thoughts on this changing in the future? If this access is ever granted it could pose serious issues for everyone who has previously falsely ticked no in the ESTA.

It surely doesn't seem too far fetched in this technological age that such real-time information sharing systems become commonplace for general travel between countries. Also, if an unthinkable terrorist attack occurred I'd imagine it wouldn't be long until implementation of something like this is stepped up.


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## nogojones (Jun 5, 2019)

Charlie Manson said:


> Recently returned from another trip to the states, immigration was the usual circus for everyone in the terminal, we were in the esta returning que, some in our party had the finger print and retina scan, he just looked at my passport and waved me through
> 
> So the usual advice, terms and conditions in the thread still apply.
> 
> Keep your head down and don't worry.


And its not like you ever committed any serious offences Charlie


----------



## Charlie Manson (Jun 6, 2019)

nogojones said:


> And its not like you ever committed any serious offences Charlie


Peace and love man, peace and love.


----------



## skyscraper101 (Jun 24, 2019)

Possibly of relevance to this thread:

British business travellers to US haunted by old offences


----------



## parachute6172 (Aug 1, 2019)

I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
I had previously made plans to travel to the USA to visit my brother.

I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.

I'm aware that the caution counts as a "crime involving moral turpitude", something the ESTA application form asks about specifically. I was not arrested at any point and interpreted this as meaning I have no convictions.

Since I am finding a lot of conflicting information about this online and I'm getting seriously stressed out worrying about whether to go, I'd like to ask what people here think. Should I risk travelling on the ESTA I have? Is there any risk of being turned away by USA immigration?


----------



## existentialist (Aug 1, 2019)

parachute6172 said:


> I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
> I had previously made plans to travel to the USA to visit my brother.
> 
> I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.
> ...


Pick a page at random from this 69 page thread, and I pretty much guarantee you will find the answer you're looking for.

In short: there is minimal risk. The US and the UK do not share criminal information routinely. Go and have your holiday in Babylon, and make the most of it.


----------



## parachute6172 (Aug 1, 2019)

That's pretty much what I thought, but really I'm looking for a  bit of reassurance before going and booking flights. Obviously I'm about to spend a fair bit of money and I'd rather it wasn't wasted. Thanks for your reply!


----------



## 1927 (Aug 2, 2019)

parachute6172 said:


> That's pretty much what I thought, but really I'm looking for a  bit of reassurance before going and booking flights. Obviously I'm about to spend a fair bit of money and I'd rather it wasn't wasted. Thanks for your reply!


Even someone who has an ESTA, or even a Visa, and has no criminal convictions or arrests can be refused entry so no one can give you the  assurances that you are seeking.


----------



## Charlie Manson (Aug 2, 2019)

1927 said:


> Even someone who has an ESTA, or even a Visa, and has no criminal convictions or arrests can be refused entry so no one can give you the  assurances that you are seeking.



What a stupid fucking post.


----------



## Charlie Manson (Aug 2, 2019)

parachute6172 said:


> That's pretty much what I thought, but really I'm looking for a  bit of reassurance before going and booking flights. Obviously I'm about to spend a fair bit of money and I'd rather it wasn't wasted. Thanks for your reply!



Like exi says, read the thread, you'll be absolutely fine.


----------



## Mrs Miggins (Aug 2, 2019)

I thought the "moral turpitude" thing was gone because nobody knows what it means outside the USA.


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## Manter (Aug 3, 2019)

Charlie Manson said:


> What a stupid fucking post.


It’s absolutely true though. If you have a valid residence visa and pay for an apartment, have a job in the US etc etc they have the right to turn you away at the border. You might not like it, but it’s true


----------



## Charlie Manson (Aug 3, 2019)

Manter said:


> It’s absolutely true though. If you have a valid residence visa and pay for an apartment, have a job in the US etc etc they have the right to turn you away at the border. You might not like it, but it’s true



Maybe so, but it Jack's me off when people use this forum to ask for help and advice on an issue that many of us have had and then someone pops up and blows it all out of the water and installs the fear in people again.

With the way it was written even the Queen would be shitting herself entering the country.


----------



## klang (Aug 3, 2019)

parachute6172 said:


> I was given a conditional caution for sexual assault in February 2019, having touched a woman's bum in a shopping centre. I was stopped by security there, voluntarily attended a police interview and accepted a conditional caution. I realise that this was a pretty stupid thing to do, and I'm very remorseful. This was the first and will be the last time I've ever been in trouble and interacted with the Police.
> I had previously made plans to travel to the USA to visit my brother.
> 
> I searched online and found a lot of people advising simply to not declare the caution, and US immigration would have no record of it, so in theory would have no problem entering the USA. This month I applied for an ESTA, ticking "no" to the convictions and arrests questions, which was approved instantly.
> ...


it very much depends on the shopping centre and whether it was before or after 6pm.


----------



## Newbienew (Aug 25, 2019)

Ok after reading through this thread, I am tempted to just tick no on all the ESTA questions. 

But, my situation is a little different. My girlfriend lives in the US and all being well in the future either she would move to England or myself would move to the US. 

This is where I'm stuck. 
I'm told that if I ever tried to move over there in the future, then they would know I'd of lied on my ESTA form.

My convictions are as follows. 

1999 common assault. I was attacked outside a bar and pushed the guy back. 
He got away with it and I was charged with common assault and criminal damage because he had something in his pocket which he said I broken by pushing him. Sentence was £250 fine and community service. This was my first offence. 

2014 I was attacked by someone to do with an ex. I didn't hit back and rang the police instead. (I was trapped in there house and they were coming at me with a hammer). 
The police turned up, my ex and the guy and his wife then said I attacked him. 
I had no witnesses, no one had any injuries, I was arrested and charged with common assault. 
I appealed it and took it to the crown court and lost. 
Sentence was community service and £150 fine. 

Finally in January 2015 I was at work. I was working 70 hours a week but only being paid for 40.
The manager owed me money for materials I had bought to complete some of the works, but upon payment he only paid me for the 40 hours a week labour. I recieved no money for the materials or the extra work. So I stupidly took the law into my own hands and taken some of the fittings he bought on account and sold them to recover my losses. 
He found out and told the police. 
I was arrested and charged with theft of employer. 

I explained my situation and although the office understood my reasons he said I went about it the wrong way and took the law into my own hands. 

Sentence was 150 hours community service and £200 fine. 
Later they squashed the community service as I became ill and increased the fine instead. 


Thats the only trouble I've ever been in. 

Now my situation is do I lie on the ESTA form even though it only says serious damage to property or person (which I haven't done). Or do I go for a visa and then risk not being able to go over to the US? Bearing in mind, if my girlfriend and I were ever to get married then I might one day like to move there or her move here and if found out lying on the ESTA if I ever applied to live over there in the future, then I'd be stuck wouldn't I? 

I just don't want to bugger up my chances.


----------



## existentialist (Aug 26, 2019)

Newbienew said:


> Ok after reading through this thread, I am tempted to just tick no on all the ESTA questions.
> 
> But, my situation is a little different. My girlfriend lives in the US and all being well in the future either she would move to England or myself would move to the US.
> 
> ...


I think that your situation is beyond the resources of a bunch of well-meaning people on the internet. I'd speak to an immigration lawyer before doing anything.


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## Charlie Manson (Aug 26, 2019)

I'd be tempted to apply for a Visa, a guy I work with had a brawl in a restaurant and ended up with a gbh charge, he got a Visa. The only thing was he was taken aside and asked a few questions when he arrived in the states. They only seem to dislike drug offences when handing out visas.

Failing that, get a new girlfriend.


----------



## skyscraper101 (Aug 26, 2019)

Newbienew said:


> I just don't want to bugger up my chances.



Firstly, make no mention of a ‘girlfriend’ whatever you do. There’s your first red flag. Same applies to her visiting here, assuming she only has a US passport.

Second. There is no right answer here. Getting lawyers and attending visa interviews is going to cost bare money. Trust me. Personally I don’t rate it to be worth the hassle and the risk of being barred anyway so I’d say nothing. Those questions are  open to interpretation. If it goes tits up, that’s when you decide on getting a lawyer, or not. When you’ve weighed up your options and it’s the only way in.


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## joustmaster (Aug 26, 2019)

Newbienew said:


> Thats the only trouble I've ever been in.


----------



## Newbienew (Aug 26, 2019)

existentialist said:


> I think that your situation is beyond the resources of a bunch of well-meaning people on the internet. I'd speak to an immigration lawyer before doing anything.





Charlie Manson said:


> I'd be tempted to apply for a Visa, a guy I work with had a brawl in a restaurant and ended up with a gbh charge, he got a Visa. The only thing was he was taken aside and asked a few questions when he arrived in the states. They only seem to dislike drug offences when handing out visas.
> 
> Failing that, get a new girlfriend.





skyscraper101 said:


> Firstly, make no mention of a ‘girlfriend’ whatever you do. There’s your first red flag. Same applies to her visiting here, assuming she only has a US passport.
> 
> Second. There is no right answer here. Getting lawyers and attending visa interviews is going to cost bare money. Trust me. Personally I don’t rate it to be worth the hassle and the risk of being barred anyway so I’d say nothing. Those questions are  open to interpretation. If it goes tits up, that’s when you decide on getting a lawyer, or not. When you’ve weighed up your options and it’s the only way in.





joustmaster said:


>



Thanks for your replies.

Advice and opinions are much appreciated.

Am I right in saying that I am just visiting a friend over there for a holiday then?

Also she only has a US passport.

When you say the questions are open to interpretation, do you mean that I could possibly get away with ticking No on the ESTA forms?

Once again thankyou for your replies.


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## skyscraper101 (Aug 26, 2019)

Newbienew said:


> When you say the questions are open to interpretation, do you mean that I could possibly get away with ticking No on the ESTA forms?
> 
> Once again thankyou for your replies.



*puts on lawyer hat*

Question 2.


> “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?”



Define “serious”

*takes off lawyer hat*


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## fakeaccount (Sep 3, 2019)

I have read the thread. It's been great. Any returners want to add a successful story from last couple of months? Esta approved, only conviction is whatever the lowest assault charge is. Only penalty was a small fine.


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## existentialist (Sep 3, 2019)

fakeaccount said:


> I have read the thread. It's been great. Any returners want to add a successful story from last couple of months? Esta approved, only conviction is whatever the lowest assault charge is. Only penalty was a small fine.


I suspect that you may be posting from a fake account


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## Gromit (Sep 3, 2019)

fakeaccount said:


> I have read the thread. It's been great. Any returners want to add a successful story from last couple of months? Esta approved, only conviction is whatever the lowest assault charge is. Only penalty was a small fine.


Hello US immigrations official.

/Waves


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## Bahnhof Strasse (Sep 20, 2019)

fakeaccount said:


> I have read the thread. It's been great. Any returners want to add a successful story from last couple of months? Esta approved, only conviction is whatever the lowest assault charge is. Only penalty was a small fine.




No one has yet returned.


(((Mugs who followed the advice on this thread)))


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## skyscraper101 (Sep 20, 2019)

I got the dreaded SSSS on my boarding card leaving London the other day (TSA pre-screening). Had to go into a side room before boarding for them to scan my carry on bag for explosive residue.

Never happened before. But it took all of about 1 minute to get the all clear. No issues at all once I got off on the other side.


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## keybored (Sep 20, 2019)

polarb said:


> a friend of a friend in a beer garden...


Everything that follows those words can be safely disregarded.


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## Jimmybuttler (Oct 2, 2019)

Hi guys, I know there are 1000 threads very similar to mine however I'm in desperate need of help.

5 years ago I had a huge fight with an ex-partner (found out she was cheating) ended up with getting a bottle thrown at me, scratched, slapped and had to hold her arms to restrain her. Because I was shouting prior to this I now have an abusive and threatening behaviour charge and a common assault charge. I didn't really know what to do so just plead guilty so I could get home (Had moved to scotland from the south of england with her) and have it done with as soon as possible, I was 20ish and was naive to the consequences of doing so.

Never done a single thing wrong other than this, and even the police officer told me I'd have never been arrested if it wasn't for a big campaign against domestic violence at the time in Scotland as i was covered in marks, scratches etc and she had a slightly red arm.

The problem is I now need to apply for a P1 Visa for a job I've been offered and i have no idea if I'll be accepted, any experience would really be appreciated if possible, thanks!


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## existentialist (Oct 2, 2019)

Jimmybuttler said:


> Hi guys, I know there are 1000 threads very similar to mine however I'm in desperate need of help.
> 
> 5 years ago I had a huge fight with an ex-partner (found out she was cheating) ended up with getting a bottle thrown at me, scratched, slapped and had to hold her arms to restrain her. Because I was shouting prior to this I now have an abusive and threatening behaviour charge and a common assault charge. I didn't really know what to do so just plead guilty so I could get home (Had moved to scotland from the south of england with her) and have it done with as soon as possible, I was 20ish and was naive to the consequences of doing so.
> 
> ...


If it's a visa job, you really need proper advice. Once you tell them something, you can't take it back, so at the least you need legal advice on how to go about not telling them more than necessary. But you need to make sure that what you're telling them is true, because they will check documents for visas, and even if they only later find out something you hadn't told them at the start, they will take a very dim view.


----------



## ruffneck23 (Oct 2, 2019)

weirdly enough , with my years ago 0.4 gm of weed conviction, ( yes court and everything ) , I've got airside security clearance today at LHR (I was hoping I wouldnt get it so I could lose my job , but alas no ) ) so this screening thing isnt all that, just tick no


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## 1927 (Oct 2, 2019)

ruffneck23 said:


> weirdly enough , with my years ago 0.4 gm of weed conviction, ( yes court and everything ) , I've got airside security clearance today at LHR (I was hoping I wouldnt get it so I could lose my job , but alas no ) ) so this screening thing isnt all that, just tick no


Whatever you do, do not follow this misguided advice about a totally unrelated issue!


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## ruffneck23 (Oct 2, 2019)

1927 said:


> Whatever you do, do not follow this misguided advice about a totally unrelated issue!


i just thought it would be nice to change it up a bit from the last 69 pages of the same old shit, I may also add, that somewhere back in the thread , I got into the US by just ticking no to eveything , after the convictions, however , in  a Trump world , you are probably right


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## 1927 (Oct 2, 2019)

ruffneck23 said:


> i just thought it would be nice to change it up a bit from the last 69 pages of the same old shit, I may also add, that somewhere back in the thread , I got into the US by just ticking no to eveything , after the convictions, however , in  a Trump world , you are probably right


You can’t tick NO if you want a visa, it’s a totally different process, nothing to do with a Trump!


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## ruffneck23 (Oct 2, 2019)




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## estahelp (Oct 22, 2019)

Hi everyone,


Have read so many pages of this very very useful thread. 

I have a question if anyone can help me with it. 

Was arrested and cautioned at a police station in 2009 (fingerprints and photos taken), had a small amount of cannabis on me. Do not remember getting any paper or etc after being cautioned. 

I am a dual national british citizen.

Should i apply for esta and say no to all the questions? 

No plans to apply for a work or etc visa for the states. 

thank you in advance, all.


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## existentialist (Oct 22, 2019)

estahelp said:


> Hi everyone,
> 
> 
> Have read so many pages of this very very useful thread.
> ...


Read more pages of this very very useful thread.


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## estahelp (Oct 22, 2019)

existentialist said:


> Read more pages of this very very useful thread.


gone through all pages. no case of dual national... can you please point me towards it


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## wiskey (Oct 22, 2019)

estahelp said:


> gone through all pages. no case of dual national... can you please point me towards it


If you are planning to use your British passport then the advice is the same


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## estahelp (Oct 22, 2019)

wiskey said:


> If you are planning to use your British passport then the advice is the same



thank you 

the esta form also asks for the dual nationality section. should mentioned the other nationality there and just proceed as normal? 

i come from an asian background. i hope they do not stop me in their so called random checks


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## wiskey (Oct 22, 2019)

I don't know about that but skyscraper101 might


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## existentialist (Oct 22, 2019)

Top tips.

Don't lie on any question where the documentation you are carrying will grass you up.
Don't answer any question they haven't actually asked.
These people are not your friends - friendly conversation is just one of the ways they do their job.


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## estahelp (Oct 22, 2019)

will it still be ok if the background is

pakistani - muslim? 

if selecting no will get the esta, i am going to do it now and report back.
travel probably in 1-2 months. 

what if esta comes no and i have to apply for visa? am i busted then?


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## existentialist (Oct 22, 2019)

These aren't questions a bunch of people on a bulletin board can answer. Your caution isn't going to show up on their paperwork in the normal run of things, but nobody is in a position to account for the mindset of the US's border people, I'm afraid.


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## Pickman's model (Oct 22, 2019)

existentialist said:


> These aren't questions a bunch of people on a bulletin board can answer. Your caution isn't going to show up on their paperwork in the normal run of things, but nobody is in a position to account for the mindset of the US's border people, I'm afraid.


maybe researchers who study abnormal psychology


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## skyscraper101 (Oct 22, 2019)

estahelp said:


> will it still be ok if the background is
> 
> pakistani - muslim?
> 
> ...



I’m no expert but my inclination is to just declare it. While it seems apparent that criminal record declarations are mostly unnecessary I have no evidence on how much data they hold on dual nationalities and even if that is a decisive factor in granting ESTAs. 

I’d be interested to know what happens though when you apply.


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## estahelp (Oct 22, 2019)

skyscraper101 said:


> I’m no expert but my inclination is to just declare it. While it seems apparent that criminal record declarations are mostly unnecessary I have no evidence on how much data they hold on dual nationalities and even if that is a decisive factor in granting ESTAs.
> 
> I’d be interested to know what happens though when you apply.



apologies i did not get the answer.

do you mean i declare my dual nationality? and apply for esta by saying no to the arrest and drug caution thing? 

thanks for the reply


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## skyscraper101 (Oct 22, 2019)

estahelp said:


> apologies i did not get the answer.
> 
> do you mean i declare my dual nationality? and apply for esta by saying no to the arrest and drug caution thing?
> 
> thanks for the reply



I think declaring anything criminal is likely to end up with being denied. Especially concerning drug offences. 

I don't know what the likely outcome of declaring dual nationality is. I'd suggest it depends on the other nationality more than anything. 

Unfortunately I have to leave that decision to you because I really don't know, but I'd be inclined to declare both nationalities.


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## Stevie Gould (Nov 13, 2019)

Help !! 

Prior to my conviction I had been to USA 5times including New York and Vegas. 

2011 I was sentenced to 8years for conspiracy to supply class A (Cocaine). I served half the time in prison other half on licence which only ended this month November 7th 2019 

So a quick recap: convicted and jailed 2011 released 2014 licence ended 2019. 

Would I be stupid risking a trip away to USA lying about my criminal record ? I’m a family man now and have moved on in life since my one and only mistake a made 
My end goal is a family trip to Disney land Florida. 
My worry is if I go to the embassy they will knock me back for life rather than just risking a trip to New York to see if it works anyways do they deem drugs a serious offence in the USA


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## blairsh (Nov 13, 2019)

Im not sure, but I think there is a (fairly comprehensive) thread on this somewhere 

Could totally have imagined it though


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## yield (Nov 13, 2019)

Travelling from the UK to the USA with a criminal record


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## blairsh (Nov 13, 2019)

yield said:


> Travelling from the UK to the USA with a criminal record


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## hash tag (Nov 13, 2019)

Might be safer with Disneyland Paris or for the big trip, Japan 東京ディズニーリゾート・オフィシャルウェブサイト


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## blairsh (Nov 13, 2019)

Lol


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## not-bono-ever (Nov 13, 2019)

and again

1) If you declare, you are fucked off from the US for life
2) if you dont declare, then you (it would seem from anecdotal evidnce on here and elsewhere... ) be quite likely get in. If not, you get a free trip home. and are fucked off from the US for life.


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## existentialist (Nov 14, 2019)

blairsh said:


> Im not sure, but I think there is a (fairly comprehensive) thread on this somewhere
> 
> Could totally have imagined it though


You did imagine it. The hundreds of pages of posts prior to the one you are responding to are just an illusion.


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## Itsjapatti (Nov 15, 2019)

Right lads and ladies, following up from my last two comments, where i expressed my concern and then followed with an update.
Heres another one for you.

Flew to LAX today, standard situation with my esta, denied knowledge of my drug conviction, put a false adress, a false job etc. Straight through customs and everything with no issue, only to be stopped before the exit and dragged off into a room.

Was grilled relentlessly about my visit, my job, my home town, anything you could think to ask, they asked. They took my phone, had a brief scroll through which isnt great considering i get bombarded daily with drug related messages from friends (i did my best to clear out what i could prior to flying ofcourse). Despite turning beetroot red and panicking majorly, stumbling at every answer like your typical bullshitter, i stood by my false information and was let to continue on my way.
For me, this was a massive indicator that they really are as clueless as we think, and its just a case of pot luck, depending on how theyre feeling at the time and what they can trip you up into saying.

So, if you're thinking of doing similar or the same, make sure you're prepared to stand by your answers, and hopefully you wont embarrass yourself as much as i did, and you too will find yourself walking out the airport ready for a good holiday.


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## DickTurpitude (Nov 20, 2019)

Ok, slight curve ball on the usual query, I probably know the answer anyway but thought I’d get some opinions. No actual plans to visit the US in the near future but I’m just curious, anyway...

About 18 years ago I got into a brawl outside a pub, I ended up getting convicted for Assualt, Affray and assaulting a police officer.

It’s one of those that sounds a lot worse than it actually was, but I appreciate it is what it is on paper. A guy actually mistook me for one of my mates who he’d got into a fight with, the police had been called and he just decided to wander over and wallop me one in front of them. As they went to restrain him I jumped up and made several attempts to hit him, in the process I apparently struck one of the officers. I was advised to plead not guilty, it went to court three times and I eventually got found guilty.

Anyway my stupid GF at the time insisted I get a visa for a trip to New York we had planned shortly afterwards, against my better judgement I went to the Embassy and got a one year visa granted. We then didn’t even end up going as we split up.

Fast forward 18 years, I’ve never been to the US.. but you never know, I may want to at some point.

I really don’t fancy going through all the visa stuff again after so long, I appreciate I’ve given all my details to them in the past, all be it nearly 20 years ago.. my crimes didn’t result in significant damage to property or people, I’d be inclined just to rock up (if I ever decide to go) and take my chances based on the length of time that’s elapsed.

So impossible as it would be for anyone to possibly know, what do we reckon the chances are of something flagging up regarding my previous visa application and/or my details in general so far down the line? And my chances of blagging my way in if it does get flagged up?


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## chrism1990 (Nov 21, 2019)

Has anyone been denied entry? There seems to be a lot of people on this thread posting but not following up with how it went.

I travel in may and will post back with how it went


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## chrism1990 (Nov 21, 2019)

Also impressive this thread has been running since 2006,

Surely it has to be up there with the longest running threads ever?


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## skyscraper101 (Nov 21, 2019)

I reckon it ranks pretty high on google for a search on the matter, judging by the amount of newb posts.


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## Charlie Manson (Nov 22, 2019)

chrism1990 said:


> Has anyone been denied entry? There seems to be a lot of people on this thread posting but not following up with how it went.
> 
> I travel in may and will post back with how it went



I've been in and out a few times now, fortunately with no problems, I too was worried before my first trip and read this thread entirely, the advice on here is the best you will ever find, it gave me the confidence to go for it. Upto now the only people I've seen pulled to one side at immigration are Chinese families and lone travellers.


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## wiskey (Nov 22, 2019)

DickTurpitude said:


> Ok, slight curve ball on the usual query, I probably know the answer anyway but thought I’d get some opinions. No actual plans to visit the US in the near future but I’m just curious, anyway...
> 
> About 18 years ago I got into a brawl outside a pub, I ended up getting convicted for Assualt, Affray and assaulting a police officer.
> 
> ...



I'm not sure I can see how this is a different query  you have a conviction, this still applies:



not-bono-ever said:


> and again
> 
> 1) If you declare, you are fucked off from the US for life
> 2) if you dont declare, then you (it would seem from anecdotal evidnce on here and elsewhere... ) be quite likely get in. If not, you get a free trip home. and are fucked off from the US for life.


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## skyscraper101 (Nov 22, 2019)

Also, worth remembering that you can do the whole US immigration thing in Dublin or Shannon if you _really_ paranoid and want to save the hassle of flying 7+ hours to America to find out your fate.

Massive bonus not having to go through immigration on the other side, I can tell thee.


----------



## chrism1990 (Nov 22, 2019)

Charlie Manson said:


> I've been in and out a few times now, fortunately with no problems, I too was worried before my first trip and read this thread entirely, the advice on here is the best you will ever find, it gave me the confidence to go for it. Upto now the only people I've seen pulled to one side at immigration are Chinese families and lone travellers.



Yea this thread is awesome some great advice, I’m definitely going for it. I have 2 arrests from 6 years ago one for wounding with intent and another for gbh, Wounding with intent got dropped, gbh went to court and I got a not guilty. If you actually sit and think about it for them to know every crime committed in the 37 countries in the waiver program by every person it just sounds ridiculous. Imagine the carnage at customs .

Also there’s a lot of people on this thread who have joined not read the thread asked the same question then not even bothered to report back on how their trip went which I think is really disrespectful to the forum.

I’m going to be following this thread until I travel and will report back to contribute to the forum.

Also thanks to the people who have reported back and to the members for offering advice. Also 1927 has been posting on this thread since 2006 which is fucking awesome


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## 2hats (Nov 22, 2019)

skyscraper101 said:


> Also, worth remembering that you can do the whole US immigration thing in Dublin or Shannon if you _really_ paranoid and want to save the hassle of flying 7+ hours to America to find out your fate.
> 
> Massive bonus not having to go through immigration on the other side, I can tell thee.


See post 1851.


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## DickTurpitude (Nov 22, 2019)

Well, if it was just the convictions then I wouldn’t be on here and worrying about US immigration knowing about stuff that happened 17 years ago. There is just simply no way they would know as evidenced by everyone’s experience on here.

What’s different about by query and something that after extensive reading of this thread I can’t see has ever come up, is me having applied for a visa 17 years ago and how likely that info would be connected to me now.


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## existentialist (Nov 22, 2019)

DickTurpitude said:


> Well, if it was just the convictions then I wouldn’t be on here and worrying about US immigration knowing about stuff that happened 17 years ago. There is just simply no way they would know as evidenced by everyone’s experience on here.
> 
> What’s different about by query and something that after extensive reading of this thread I can’t see has ever come up, is me having applied for a visa 17 years ago and how likely that info would be connected to me now.


The simple response has to be - if you've told them about your convictions, even 17 years ago, then you probably need to assume that they still have that information, and that - theoretically - they can link it to you when you arrive.

So, if you complete a visa waiver, and they check their records (which, presumably, they *can* do), they're going to see you lied on the waiver. I imagine that will be enough to present a severe risk of deportation.

But you disclosed that information and got a visa - so why not just apply for one this time?


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## chrism1990 (Nov 23, 2019)

From my understanding from the us customs and border control website American citizens and eligible visa waiver program travellers can use the APC kiosks. 

You go to them and do the questions and the biometric bullshit then you get a receipt.

Does anyone know if you can use these if it’s your first time in the states? Iv been before but when I was 9 and that was when the passports didn’t have the chips and the waiver was filled out on the plane so I’m guessing I’ll be classed as a first time traveller.

Iv read on this thread that people say you can only use them if you’ve been to the states before but the website suggests otherwise.


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## Charlie Manson (Nov 24, 2019)

chrism1990 said:


> From my understanding from the us customs and border control website American citizens and eligible visa waiver program travellers can use the APC kiosks.
> 
> You go to them and do the questions and the biometric bullshit then you get a receipt.
> 
> ...



Theres 2 queues at the airports, there's the first time esta que where you pass through the border control booth and have your fingerprints and eyes scanned

Then the other que is for esta returning arrivals, you use the little kiosks, answer some questions have your photo taken then get a ticket, you then que up again to pass through a border control booth! If theres a couple or more in your party usually only one of you has to do the fingerprint check passing through, the rest just have their passports stamped and off you go.

That's how it's been for us the last few times.


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## Pauliewalnuts (Nov 27, 2019)

I have never had any desire to travel to the USA, it’s just never appealed to me. However, back in January this year my wife booked for me and her to go to NYC in November. 


A few years ago, I had a stupid moment and got done for drink driving (and leaving the scene and failing to report an accident). From what I’d heard I always thought that meant I needed to get a Visa to enter the USA and so, earlier this year I applied to receive a copy of my police record from ACRO. 


I was pretty surprised when it arrived that, along with the previously mentioned, there was also details of an arrest for battery although the outcome was “no further action”. This was with an ex girlfriend and nothing really happened - we were both drunk, had a row and she ended up calling the police. I was pretty sure I was arrested for breach of the peace as the PO said it was to diffuse the situation. Even though it said unconditional release, I didn’t think it looked to clever along with my DUI incident. 


Of course, added to the confusion is the old “moral turpitude” definition (even though this isn’t explicitly referred to anymore) - I’m pretty sure that DUI isn’t an offence but what about failing to report and, particularly, battery - even though I was only arrested for this, as previously mentioned. 


I decided the Visa route was my only option but with it still being 9 months until we were going there was no rush. As the months rolled by and the summer holiday had to be paid off and spending money saved, still no application submitted as the cost (applying and getting down to London) isn’t exactly insignificant. Fast forward to October - shit, I think it’s too late! If I applied now, the combination of waiting for an appointment and then waiting for the return of a successful application meant that, at best, it was touch and go or, in all likelihood, I’d left it too late. 


There was no option - I would have to apply for an ESTA. I hoped for some reassurance from Google - “Esta with a criminal record” brought up the same results, need a B1/B2 Visa not eligible for VWP. As I had no option, I submitted our application and, within an hour, had a response that authorisation was approved.  This didn’t really give me comfort though, I always thought that was a given (I obviously selected no for the ‘moral turpitude’ question). 


No, I would have to spend the next month fretting about that moment when the Border official scans your passport, checks his screen and then gives you that look. I kept trying to convince myself and what was the worst that could happen? I’m refused entry and can’t go - big deal, I never wanted to go anyway! But it wasn’t just me, the wife is there too of course. So probable divorce as well - I was starting to hope that I would be refused entry 


As the days passed I kept trying different google searches and eventually found this forum - and my whole perspective changed. I didn’t read all the old pages but I didn’t need to - just reading a few of the more recent ones convinced my I’d be fine, I wasn’t hoping to be admitted, I was now expecting it! Don’t get me wrong, as we departed the plane at JFK and started to queue in the immigration hall, at the back of my mind doubts were creeping in but what the hell, be confident and go for it....


...2 hours later I’m writing this sat here in departures waiting to jump back on the same plane back to Blighty after been declined entry whereas the wife has gone off on her own and left me to it. Oh well!!


No, only kidding of course. We flew last Friday and arrived back in the UK this morning. On arrival at JFK we went it to the line for first time ESTA arrivals - we did not use the machines and went straight to the immigration official (after a better than expected 45 minute wait). The guy seemed cheerful enough - I went first then my wife. Questions were as previously stated - where we staying, why were we going (I was tempted to say that’s a bloody good question) and how much money did we have. Both passports stamped “admitted”, luggage was already stacked by the carousel and, within 2 hours of landing we were in our hotel in Manhattan.


Just to add, I personally found all the US Border Patrol staff relatively friendly - certainly compared to the TSA people you meet on departure, service with a smile it is not!!


Anyway, sorry for the long post but I wanted to give as much detail as possible to a) thank the people who have contributed to this thread and deserve people’s feedback and b) reassure anyone in a similar position to me that you should NOT apply for a visa and go for the ESTA. 


PS, dare I say it, I actually enjoyed New York City but am looking forward to a summer holiday in a stress-free, visa-free European destination next summer......


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## existentialist (Nov 27, 2019)

Pauliewalnuts said:


> I have never had any desire to travel to the USA, it’s just never appealed to me. However, back in January this year my wife booked for me and her to go to NYC in November.
> 
> 
> A few years ago, I had a stupid moment and got done for drink driving (and leaving the scene and failing to report an accident). From what I’d heard I always thought that meant I needed to get a Visa to enter the USA and so, earlier this year I applied to receive a copy of my police record from ACRO.
> ...


You had _me_ going for quite a long way in


----------



## benito1 (Dec 10, 2019)

This thread has been very useful and put me at ease, only have 1 minor conviction.

Just started filling in my ESTA and am unsure what to put for my employment information.

I have been a professional gambler for the past 2 and a half years since graduating from Uni. I'm not sure whether I should put that as my job title or lie and pretend I'm still a student as people often find it 'dodgy' so I wouldn't want the US to think I'm a bum with no job to return to.

Any ideas?

Thanks


----------



## Chilli.s (Dec 10, 2019)

benito1 said:


> Any ideas?



Investment advisor.  

What do you say is your job description to the inland revenue?


----------



## 2hats (Dec 10, 2019)

Wealth maker.


----------



## benito1 (Dec 10, 2019)

Chilli.s said:


> Investment advisor.
> 
> What do you say is your job description to the inland revenue?



Doesn't need to be declared because gambling winnings are tax free in the UK even if you do it full time.


----------



## wiskey (Dec 10, 2019)

Is that actually a job? 

What's an unprofessional gambler? 

/Derail


----------



## benito1 (Dec 10, 2019)

wiskey said:


> Is that actually a job?
> 
> What's an unprofessional gambler?
> 
> /Derail



I may not be the best, but I try my hardest to be the most professional


----------



## Charlie Manson (Dec 15, 2019)

wiskey said:


> Is that actually a job?
> 
> What's an unprofessional gambler?
> 
> /Derail


A loser


----------



## Supine (Dec 15, 2019)

There's a massive detention centre in the US where thread contributors end up. They call it Area 75 for the lols.


----------



## DutchDog (Jan 7, 2020)

I applied for an esta in 2008, and like an absolute clown I replied yes to the arrest question an was denied. Having been arrested for about a gram of weed in 2008, and again for about half a gram of sniff in 2013 anyone know my chances of a visa. I was not charged/fined or anything of the sort for either. I've since had a new passport with new passport number, is it worth trying for esta again and lying?


----------



## wiskey (Jan 7, 2020)

What happened last time when you admitted being arrested - after they denied you did you get a visa or not go?

Whilst they do not have access to the UK's criminal records system I'm fairly sure they are going to remember if they've turned you down for an ESTA before.


----------



## DutchDog (Jan 7, 2020)

wiskey said:


> What happened last time when you admitted being arrested - after they denied you did you get a visa or not go?
> 
> Whilst they do not have access to the UK's criminal records system I'm fairly sure they are going to remember if they've turned you down for an ESTA before.


I didn't go, the posts I was reading at the time all seemed pretty negative. Just wondered if any one had had any success at an embassy/consulate meeting under similar circumstances


----------



## Chilli.s (Jan 7, 2020)

DutchDog said:


> I didn't go, the posts I was reading at the time all seemed pretty negative. Just wondered if any one had had any success at an embassy/consulate meeting under similar circumstances


Yes some people with similar minor things have got visas after embassy meetings.


----------



## Charlie Manson (Jan 9, 2020)

Apply for an esta, you'll be just fine, just remember to tick no to everything, after all you were never charged.


----------



## midriffwolf (Jan 21, 2020)

Hi all,

First post here and after some advice please. I have read through a lot and I would guess the answer is going to be apply for an ESTA and say no to everything and I will be fine but thought I would check anyway.

Planning on taking the wife and kids to Florida in December 2021, so a long way off yet. However, I have a criminal record.

I have 2 making off without payments (filling up with petrol and driving off), 1 criminal damage and 1 for TWOC. These were all within a 2 month period and they were 21 years ago. No jail term served all dealt with by ways of fines.

So, would I get a visa if I applied correctly, or am I best to fill in an ESTA and hope for the best? This is a once in a lifetime holiday for the family and I really, really don't want to mess it up by getting refused at the US border.

Thanks.


----------



## editor (Jan 21, 2020)

midriffwolf said:


> Hi all,
> 
> First post here and after some advice please. I have read through a lot and I would guess the answer is going to be apply for an ESTA and say no to everything and I will be fine but thought I would check anyway.
> 
> ...


Say nothing and you'll be fine unless you go through customs sweating wildly, looking extremely shifty and shouting loudly to your partner, "Don't let them know about my convictions!"


----------



## Crazyblade (Mar 2, 2020)

Hi guys I've been following this forum for quite some time now, anyhow 3 years ago I had some quite serious allegations against me was arrested but was NFAd by the police, I know it's highly unlikely to be an issue because i went whilst on bail 2 months after the allegation in 2017, my question is do we know if anything has changed? As far as I am aware I know that the only way they would check PNC is at secondary inspection and even then it's rare they would check on secondary anyway isn't it, and are secondary inspections random or is it only if they suspect you? PS we will be going in july at the busiest time so I presume they will want to let people through as quick as possible


----------



## existentialist (Mar 2, 2020)

Crazyblade said:


> Hi guys I've been following this forum for quite some time now, anyhow 3 years ago I had some quite serious allegations against me was arrested but was NFAd by the police, I know it's highly unlikely to be an issue because i went whilst on bail 2 months after the allegation in 2017, my question is do we know if anything has changed? As far as I am aware I know that the only way they would check PNC is at secondary inspection and even then it's rare they would check on secondary anyway isn't it, and are secondary inspections random or is it only if they suspect you? PS we will be going in july at the busiest time so I presume they will want to let people through as quick as possible


We don't know what the criteria the US might use to decide who to stop and check, but you could probably make a fairly good guess.

I'm only some bloke on a website, but as far as I know, nothing has fundamentally changed in the way the US processes visitors, so you can probably safely just do what you did last time and go on your way rejoicing. I presume you made no reference to the allegations or the arrest on your last visit?


----------



## Crazyblade (Mar 2, 2020)

existentialist said:


> We don't know what the criteria the US might use to decide who to stop and check, but you could probably make a fairly good guess.
> 
> I'm only some bloke on a website, but as far as I know, nothing has fundamentally changed in the way the US processes visitors, so you can probably safely just do what you did last time and go on your way rejoicing. I presume you made no reference to the allegations or the arrest on your last visit?



No reference made whatsoever dude


----------



## existentialist (Mar 2, 2020)

Crazyblade said:


> No reference made whatsoever dude


Then I am sure you will be fine.


----------



## #spice (Apr 27, 2020)

Hi thinking of travelling to USA in 2022. I have criminal records and don't know if to declare or not. In 1991 I was with a girl in town we were kissing I put my hand up her skirt. Next day she reported me I admitted it and was charged with indecent assault where I got a fine. In 1995 I was done for drunken disorderly and threatening  language which I got a fine for. In 1999 I stupidly took a few magazines out of a newsagents which I was arrested for shoplifting again another fine. No convictions since I have a family and a house. What would be my chances of getting into America?


----------



## pogofish (Apr 27, 2020)

Your chance will be much improved by *actually reading this thread..!*


----------



## tails84 (Mar 20, 2021)

Hi all!

Before anyone says it... I have read the forum but my query seems like it provokes a lot of discussion!

A friend has a GBH with intent conviction and spent 16 months in prison - he was released over 10 years ago etc etc.

He has completely turned his life around and is a qualified accountant now, (he had to have discussions with the accountancy body regarding his convictions and they approved him).

He wants to visit the states with his girlfriend to propose... Does it seem like if he goes down the Visa route he may actually get approved for a visa or the waiver?

Thanks in advance guys!!


----------



## Supine (Mar 20, 2021)

If your friend is real they should know you can't fly to the USA at the moment


----------



## Mrs Miggins (Mar 20, 2021)

tails84 said:


> Hi all!
> 
> Before anyone says it... I have read the forum but my query seems like it provokes a lot of discussion!
> 
> ...


If you have read the thread you will know that the general advice is to answer no to all the questions on the ESTA and take your chances or apply for a proper visa and who knows what the outcome will be. The rules change all the time and it is totally unpredictable. 

HTH


----------



## Johnny Doe (Mar 20, 2021)

Mrs Miggins said:


> If you have read the thread you will know that the general advice is to answer no to all the questions on the ESTA and take your chances or apply for a proper visa and who knows what the outcome will be. The rules change all the time and it is totally unpredictable.
> 
> HTH


Why didn't anyone say before?


----------



## Mrs Miggins (Mar 21, 2021)

Harry Smiles said:


> Why didn't anyone say before?


Well honestly.  That's the advice so....


----------



## existentialist (Mar 21, 2021)

Harry Smiles said:


> Why didn't anyone say before?


It's just never occurred to us until tails84 asked the question. It's funny, but that one's just never come up.


----------



## geoslice (Apr 11, 2021)

Hi all, I’m hoping someone could please give me some advice as I think I’m in a bit of a situation here  I’ll try and keep it short and informative, I’ll also keep the forum updated on my progress so to help others make decisions in the future

so I have a few minor convictions from over 10 years ago (drug caution, affray and assault) I have some work coming up in America to work for a few weeks so I’ll need to be getting a b1 visa as I can’t go down the ESTA route. I’ve completed my ds160 and ticked no to convictions as I doubt I have any chance of getting visa granted in time if I declare.

Ill need to attend a visa interview at some point, is it likely that they will run the background checks on my criminal history? I have sponsorship letters from my company and will be requesting an expedited visa as I’ll need to be traveling soon.

I really hope these mistakes as a teenager won't come back to haunt me and ruin my future career progression.

thanks for any advice


----------



## 1%er (Apr 11, 2021)

geoslice said:


> Ill need to attend a visa interview at some point, is it likely that they will run the background checks on my criminal history? I have sponsorship letters from my company and will be requesting an expedited visa as I’ll need to be traveling soon.


They have no access to your criminal history, the American Embassy in the UK does not have access to the police national computer.

If you give them cause for concern they could apply to the Home Office for further details about you, but this isn't common practice unless they have suspicions or you are going to work in an area of national security.

There is no requirement for you to provide a Disclosure and Barring Service document (DBS check) when applying for a B1 visa, if they are suspicious because of the way you answer the questions, you're fucked, as they can request a copy if they want (they can do lots of things that are not requirements of the visa because they have what they call "discretion" and I know they have asked for DBS documents, bank statement and the like in the past for people applying for a B1 visa) , but as it isn't a requirement for your type of visa they are unlikely to ask you to provide one.


----------



## geoslice (Apr 11, 2021)

Thank you! I don’t need an ACRO certificate as it’s not on the list of documents I have to provide. My only worry was if they decided to check It out for themselves before my visa interview


----------



## David Clapson (Apr 11, 2021)

Make sure you are consistent when telling little white lies. It's easy to be sucked into some online form-filling, make a small mistake and find you can't go back and change your answer.


----------



## 1927 (Apr 12, 2021)

tails84 said:


> Hi all!
> 
> Before anyone says it... I have read the forum but my query seems like it provokes a lot of discussion!
> 
> ...


You've read the thread and you haven't worked out the answer to your question which has been asked thousands f times?


----------



## nogojones (Apr 12, 2021)

1927 said:


> You've read the thread and you haven't worked out the answer to your question which has been asked thousands f times?


Who's gonna read 72 pages of people having the piss taken out of them, when you can just jump in and ask a quick question, get a decent answer and maybe a bit of light piss taking?


----------



## 1927 (Apr 12, 2021)

nogojones said:


> Who's gonna read 72 pages of people having the piss taken out of them, when you can just jump in and ask a quick question, get a decent answer and maybe a bit of light piss taking?


I agree, but dont then claim in your post that you've read the thread!


----------



## A380 (Apr 12, 2021)

I really want to know about visiting the UK from the US with a criminal record...


----------



## Pickman's model (Apr 12, 2021)

Back in the day thousands sought info about reaching Australia without a conviction


----------



## A380 (Apr 12, 2021)

Pickman's model said:


> Back in the day thousands sought info about reaching Australia without a conviction


Lots of people - me included- have traveled to the Labour Party without many convictions...


----------



## Pickman's model (Apr 12, 2021)

A380 said:


> Lots of people - me included- have traveled to the Labour Party without many convictions...


It's not a nice place to live and I wouldn't want to visit there


----------



## A380 (Apr 12, 2021)

Pickman's model said:


> It's not a nice place to live and I wouldn't want to visit there


Bit like Luxembourg really.


----------



## Pickman's model (Apr 12, 2021)

A380 said:


> Bit like Luxembourg really.


I don't know. I watched Netflix's capitani recently, a police procedural set in northern Luxembourg, and I found out that I knew nothing of the country and it looks an interesting place to visit


----------



## A380 (Apr 12, 2021)

Pickman's model said:


> I don't know. I watched Netflix's capuitani recently, a police procedural set in northern Luxembourg, and I found out that I knew nothing of the country and it looks an interesting place to visit


Sounds interesting, but presumably any car chases are quite short?


----------



## Pickman's model (Apr 12, 2021)

A380 said:


> Sounds interesting, but presumably any car chases are quite short?


Luxembourg is rather larger than just Luxembourg city, and the north of the country appears to have quite a bit of forest. There's tension between people who live in the city and the country, as you might expect, and they've their own language which sounds a bit like Portuguese but seems to be a cross between French and german


----------



## A380 (Apr 12, 2021)

And all public transport is free apparently.


----------



## keybored (Apr 12, 2021)

Cheap fuel, worth the diversion.


----------



## not-bono-ever (Apr 12, 2021)

Pickman's model said:


> Luxembourg is rather larger than just Luxembourg city, and the north of the country appears to have quite a bit of forest. There's tension between people who live in the city and the country, as you might expect, and they've their own language which sounds a bit like Portuguese but seems to be a cross between French and german




luxembourgish or something. A  Dog is a Hond to these people. madness


----------



## A380 (Apr 13, 2021)

not-bono-ever said:


> luxembourgish or something. A  Dog is a Hond to these people. madness


Ain’t nothing but a Hond dog...


----------



## 1%er (Apr 13, 2021)

geoslice said:


> Thank you! I don’t need an ACRO certificate as it’s not on the list of documents I have to provide. My only worry was if they decided to check It out for themselves before my visa interview


I can't see how they can check it out before your interview, they don't have the means. As I mentioned above and you point out here "an ACRO certificate as it’s not on the list of documents I have to provide", that doesn't mean they will not request one, they can and do ask for further information. As someone else pointed out above "Make sure you are consistent when telling little white lies", it appear that the only "lie" you will need to tell them is you don't have a criminal record (or more commonly they ask in face to face interview "have you ever been arrested") just stick to "no". Don't pull a face like you are amazed or insulted they asked and don't elaborate, as a simple "no" is all they need.


----------



## David Clapson (Apr 13, 2021)

To be more convincing when lying face to face, it really does help to practice. Get someone to ask you the questions, repeatedly. It will make you less nervous at show time.


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## moochedit (Apr 13, 2021)

You have 3 options (all of them a gamble that may or may not pay off)

1 lie on your esta application and hope you get away with it.
2 apply at embassy for a visa and confess everything, and hope they don't refuse it.
3 (if you know the right people) get a fake passport in another name and hope you get away with it.

Good luck!


----------



## David Clapson (Apr 13, 2021)

moochedit said:


> 3 (if you know the right people) get a fake passport in another name and hope you get away with it.
> Good luck!


 

 Option 4, charter a fishing boat and swim ashore. Option 5, buy a Hercules and do a HALO jump.


----------



## geoslice (Apr 14, 2021)

moochedit said:


> You have 3 options (all of them a gamble that may or may not pay off)
> 
> 1 lie on your esta application and hope you get away with it.
> 2 apply at embassy for a visa and confess everything, and hope they don't refuse it.
> ...



Thank you all for the good advice.

I’ll let you know how it goes


----------



## metalsponge (Sep 18, 2021)

geoslice said:


> Hi all, I’m hoping someone could please give me some advice as I think I’m in a bit of a situation here  I’ll try and keep it short and informative, I’ll also keep the forum updated on my progress so to help others make decisions in the future
> 
> so I have a few minor convictions from over 10 years ago (drug caution, affray and assault) I have some work coming up in America to work for a few weeks so I’ll need to be getting a b1 visa as I can’t go down the ESTA route. I’ve completed my ds160 and ticked no to convictions as I doubt I have any chance of getting visa granted in time if I declare.
> 
> ...


How did you get on?


----------



## geoslice (Sep 18, 2021)

metalsponge said:


> How did you get on?


So I had my interview at the British American embassy, I was quite nervous but held my confidence, answered all questions asked at my interview truthfully, they never even questioned my criminal record. (I dressed smart and realized once I saw other people I probably didn’t need to 😅. But I wanted to make a good impression).
The lady told me on the spot my visa was granted, I picked it up a few days later with a 1 year business visa.

fast forward a couple of months, I flew and went through customs fine, just had to wait for a few mins in a room whilst they verified my documents and paperwork to show why I was out there for business. I wasn’t worried as my work colleague who flew out with me had exactly the same.
I am currently chilling on the 25th floor on my 5* hotel in the USA, so I can say it was a success.

my advice for anyone else here looking for information - say no and go!


----------



## metalsponge (Sep 18, 2021)

geoslice said:


> So I had my interview at the British American embassy, I was quite nervous but held my confidence, answered all questions asked at my interview truthfully, they never even questioned my criminal record. (I dressed smart and realized once I saw other people I probably didn’t need to 😅. But I wanted to make a good impression).
> The lady told me on the spot my visa was granted, I picked it up a few days later with a 1 year business visa.
> 
> fast forward a couple of months, I flew and went through customs fine, just had to wait for a few mins in a room whilst they verified my documents and paperwork to show why I was out there for business. I wasn’t worried as my work colleague who flew out with me had exactly the same.
> ...





geoslice said:


> So I had my interview at the British American embassy, I was quite nervous but held my confidence, answered all questions asked at my interview truthfully, they never even questioned my criminal record. (I dressed smart and realized once I saw other people I probably didn’t need to 😅. But I wanted to make a good impression).
> The lady told me on the spot my visa was granted, I picked it up a few days later with a 1 year business visa.
> 
> fast forward a couple of months, I flew and went through customs fine, just had to wait for a few mins in a room whilst they verified my documents and paperwork to show why I was out there for business. I wasn’t worried as my work colleague who flew out with me had exactly the same.
> ...


Oh wow so you never had to give them a police certificate? Glad to hear you got through anyhow!


----------



## hitmouse (Jun 19, 2022)

Fairly sure I know the answer to this one, but just to check: the situation with record-sharing between the UK and Canada is basically the same as between the UK and US (as in, it doesn't really happen for the most part), right? I just want to double-check that the Canadian bizzies don't get like some special access to British police files because of being subjects of the crown or anything? Everything I've seen suggests they don't, but am open to hearing otherwise?


----------



## platinumsage (Jun 19, 2022)

hitmouse said:


> Fairly sure I know the answer to this one, but just to check: the situation with record-sharing between the UK and Canada is basically the same as between the UK and US (as in, it doesn't really happen for the most part), right? I just want to double-check that the Canadian bizzies don't get like some special access to British police files because of being subjects of the crown or anything? Everything I've seen suggests they don't, but am open to hearing otherwise?



Not that I‘m aware of, although every time I’ve been to Canada their border guards have hit me with unexpected questions, so watch out for that as they don’t seem to just ask the usual predictable stuff that the USA border people do.


----------



## hitmouse (Jun 19, 2022)

platinumsage said:


> Not that I‘m aware of, although every time I’ve been to Canada their border guards have hit me with unexpected questions, so watch out for that as they don’t seem to just ask the usual predictable stuff that the USA border people do.


I'm enjoying the idea that I'll have to pass a pub quiz before being let in. Will be sure to revise my knowledge of World Cup goal scorers, Christmas Number Ones and Eastenders actors before travelling, just to be on the safe side.


----------



## 1%er (Jun 19, 2022)

hitmouse said:


> Fairly sure I know the answer to this one, but just to check: the situation with record-sharing between the UK and Canada is basically the same as between the UK and US (as in, it doesn't really happen for the most part), right? I just want to double-check that the Canadian bizzies don't get like some special access to British police files because of being subjects of the crown or anything? Everything I've seen suggests they don't, but am open to hearing otherwise?


The police forces in the UK do not routinely share criminal record information with any other country, for a foreign agency to get information regarding criminal records from the UK is a complicated procedure and involves the Home Office not just the police.

Enjoy your time in Canada


----------



## hitmouse (Jun 19, 2022)

1%er said:


> The police forces in the UK do not routinely share criminal record information with any other country, for a foreign agency to get information regarding criminal records from the UK is a complicated procedure and involves the Home Office not just the police.
> 
> Enjoy your time in Canada


Thanks for confirming!


----------



## 2hats (Jul 8, 2022)

Reportedly the UK has signed up to share police biometric data with US CBP/DHS.

This came to light when US DHS representatives, meeting with a EuParl committee, apparently stated they would reintroduce visa requirements unless granted access to EU biometric databases.





						Internal LIBE meeting with US Homeland Security: Plans for biometric databases put EU citizens' data at risk
					

Yesterday, members of the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) had an informal meeting with representatives of the U.S. Department of Homeland Security. During the meeting, the new US “International Biometric Information Sharing (IBIS)” programme was pr




					www.patrick-breyer.de


----------



## 1%er (Jul 8, 2022)

My understanding from what little information is available at this times is that the UK may provide Biometric data on digital photos and fingerprint information, but this isn't really clear. If and when I find more information about this I will email the Home Office and ask some questions.

From what I have read so far there is no indecation that information from the police national computer will be made available.


----------



## Ajax 83 (Jul 11, 2022)

Great. I'm heading there in 8 weeks. I might become a test case.


----------



## Ajax 83 (Jul 11, 2022)

Few more points raised here, but how reliable this is is anyone's guess.


----------



## Ajax 83 (Jul 11, 2022)

Home Office strike biometric data sharing agreement with US borders - Identity Week


----------



## Ajax 83 (Jul 12, 2022)

Then again, these sites / articles look to be a bit "conspiracy theory" biased on closer examination.


----------



## PhillipK187 (Jul 28, 2022)

This post - Legendary!

Has anyone been recently??? (incase of last minute changes within customs etc)

I am going over in just over a week from now in this very predicament with a couple of minor and one assault charge from my past so I am nervous, but this post brings some sort of comfort.

I am going over from New Zealand though and not from the UK, but N.Z is under the same information sharing agreement as the U.K (5 eyes) so I am hopeful I will make it through US customs via ESTA by saying no...

Thanks all! (will let you all know how it goes) - seems to be a lot of people on here not reporting back but a fair few who do, props to you guys!


----------



## danski (Jul 28, 2022)

What? You mean you’ve read the thread before posting your question?
That’s not how it’s done. How will we roll our eyes at you?!


----------



## PhillipK187 (Aug 3, 2022)

Anyone here been recently or in the past from New Zealand or Australia? Or anyone from the UK more recently? I depart for the U.S in three days from now 😅


----------



## moochedit (Aug 3, 2022)

PhillipK187 said:


> Anyone here been recently or in the past from New Zealand or Australia? Or anyone from the UK more recently? I depart for the U.S in three days from now 😅


Would have thought advice is same as leaving from uk. Although i don't know if oz/nz share criminal record info with the usa?


----------



## PhillipK187 (Aug 4, 2022)

moochedit said:


> Would have thought advice is same as leaving from uk. Although i don't know if oz/nz share criminal record info with the usa?


Yeah I'm hoping and thinking the same thing, because NZ and Aus are under the exact same information sharing agreement as far as I know which the U.K are with the U.S (The five eyes information sharing) so I do not see why NZers or Aussies would have an issue with saying no on an ESTA and getting in if people from the U.K have not had any issues. (hopefully - lol).

I've read this thread entirely, I get the general consensus, I guess because I'm not coming from the U.K and am coming from NZ I am nervous as hell still and in some way seeking further reassurance not only from U.K people, but from any NZers or Aussies. Thanks all.


----------



## pogofish (Aug 4, 2022)

PhillipK187 said:


> Anyone here been recently or in the past from New Zealand or Australia? Or anyone from the UK more recently? I depart for the U.S in three days from now 😅



Start reading here:









						Travelling from the UK to the USA with a criminal record
					

Hi, Does anyone know anything about going through usa customs from the uk, with a criminal record? We have had a holiday to america booked for months, and now with 3 weeks to go have found out that if you have a record , no matter how minor, you need to get a visa waiver from the american...




					www.urban75.net


----------



## PhillipK187 (Aug 16, 2022)

PhillipK187 said:


> This post - Legendary!
> 
> Has anyone been recently??? (incase of last minute changes within customs etc)
> 
> ...


All right, I'm back here to report...

Unfortunately I did not get the easy access this forum made me think I might get, after landing and getting to the Customs officers kiosk, he asked me to come into secondary, here... he knelt down to eye level with me and said "According to our shared criminal database with your country you have a historic crime involving MORAL TER PEEEEEEEEE TOOOOOOOOOOOOOOOOD, therefore I am going to have to send you on the first return flight back to your country, and just like that...my dreams and money went up in smoke.

On a more realistic note, I arrived in the airport, lined up, customs officer asked me what am I here for, how long, what do i do at home for work, and said "bye bye have a good time" and I was on my merry way.

So I can confirm that as of August 2022 you can still say NO on the ESTA, go through, and RELAX. Please don't waste your time worrying endlessly like I did. As many here have said before, unless you're on the interpol most wanted list or are a very very serious criminal on a global watchlist - It is very unlikely your old criminal record will be pulled up. I had an assault charge and a DUI from 11 years ago.

And for anyone here reading from New Zealand or Australia, I travelled from New Zealand on an NZ passport.

Thank you to everyone here who's posted to verify this and come back after travelling, and thank you to all the other people here who repeatedly answer the newbies questions over the years, this thread is a rare piece of digital forum that I found after searching for hours and I may have not gone on the experience of my life if it were not for this thread.

Ya'll legends!


----------



## aaustin16 (Aug 17, 2022)

Ajax 83 said:


> Home Office strike biometric data sharing agreement with US borders - Identity Week


Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more? 

I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago. 

If anyone knows anything more or can let me know where I can find out more that would be great.

Thanks everyone


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## ddraig (Aug 17, 2022)

aaustin16 said:


> Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?
> 
> I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.
> 
> ...


Read the post before yours


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## aaustin16 (Aug 17, 2022)

ddraig said:


> Read the post before yours


Thanks for the reply.

I have read the previous post but I was under the impression he travelled to the US from New Zealand. I’m not sure it’s quite the same scenario as it’s the UK that have reportedly signed an agreement to share biometric data with the US. 

I may be wrong but was just trying to find out if any else had managed to find any more information about the UK sharing its biometric data with the US? 

Cheers


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## kebabking (Aug 17, 2022)

aaustin16 said:


> Thanks for the reply.
> 
> I have read the previous post but I was under the impression he travelled to the US from New Zealand. I’m not sure it’s quite the same scenario as it’s the UK that have reportedly signed an agreement to share biometric data with the US.
> 
> ...



Is it not just easier to apply for, and get - or not get - a US visa rather than waste all this energy on will I/won't I get through, and the possibility that you'll be deported from the US border?


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## aaustin16 (Aug 17, 2022)

kebabking said:


> Is it not just easier to apply for, and get - or not get - a US visa rather than waste all this energy on will I/won't I get through, and the possibility that you'll be deported from the US border?


In hindsight yes, I probably was better off applying for a visa when we booked the trip several months ago. Unfortunately I convinced myself that I wouldn’t need one based on the amount of posts on here that say ‘they only know what you tell them’ and ‘just tick no, you’ll be fine’. It is only now that I’ve read the article on data sharing that I am becoming slightly concerned.

I have now probably left it too late and I don’t think I can chance either not getting my appointment in time or my visa not being processed on time. 

Looks like I just need to keep my fingers crossed and hope that if the UK have actually agreed to share data with the US then this won’t be in place by November when I go on my trip. 

Cheers


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## ddraig (Aug 18, 2022)

Please do come back and post after your safe return aaustin16 !


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## Bahnhof Strasse (Aug 19, 2022)

kebabking said:


> Is it not just easier to apply for, and get - or not get - a US visa rather than waste all this energy on will I/won't I get through, and the possibility that you'll be deported from the US border?




Where's the fun in that?


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## Ajax 83 (Aug 19, 2022)

US gains police biometric data from UK - Identity Week

It seems this has come in to effect now between the UK and the USA. From the article:

The data-sharing arrangement means that fingerprint and facial profiles of offenders in the UK *can be* disclosed between the key decision makers to ensure safety and security across numerous sectors. *NOTE Can be.*

The level of offending which could present a terror risk to the U.S. will still need to be decided between both countries, as well as which serious crimes should be communicated despite not being deemed a risk by the British Intelligence. *Seems they haven't locked everything in to place - yet. *

I am due to fly to the USA next week and I have a DUI on my record from last year, so I will report what happens to me. I ticked "No" on the ESTA and travelled fine earlier this year. It just concerns me that if I get flagged it could become awkward,


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## Ajax 83 (Aug 19, 2022)

Looking through other articles it really seems to be flagging up "people of interest" in terms of terrorism more than anything. I suppose the crux is you have a caution / arrest for assault, a DUI or something lese that would not cause you to tick "Yes" on the ESTA may now be flagged up and CBP just decided to become real bastards with everyone. I can't see anything yet about anyone being sent home or turned away on Twitter or news outlets.

So, next week I'll be a crash test dummy for it.


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## Ajax 83 (Aug 27, 2022)

Update.

Landed in NYC this afternoon. Sailed through no trouble. Picture taken, asked if I was visiting or on business and where I was staying. Passport stamped and through.

Now sat in the hotel bar having a pint.


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## existentialist (Aug 27, 2022)

Ajax 83 said:


> Update.
> 
> Landed in NYC this afternoon. Sailed through no trouble. Picture taken, asked if I was visiting or on business and where I was staying. Passport stamped and through.
> 
> Now sat in the hotel bar having a pint.


Well, 4/5 of a pint...


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## pogofish (Aug 27, 2022)

Ajax 83 said:


> I am due to fly to the USA next week and I have a DUI on my record from last year, so I will report what happens to me. I ticked "No" on the ESTA and travelled fine earlier this year. It just concerns me that if I get flagged it could become awkward,



Hang on!  DUI’s have never been considered “offences” as far as ESTA’s are concerned. 

You never had any reason to worry.


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## 1927 (Aug 28, 2022)

pogofish said:


> Hang on!  DUI’s have never been considered “offences” as far as ESTA’s are concerned.
> 
> You never had any reason to worry.


Well that depends who you listen to. Travel agents have always advised that they should be declared and advise you to seek a visa if you have one. Ive never bothered getting a visa and have never had any trouble entering US.


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## pogofish (Aug 28, 2022)

I’m pretty certain the US position on DUIs is fully clarified upthread - There needs to be an element of “moral turpitude“ involved and DUIs are not considered to involve that.

As for the quality of travel agent advice - that can often be very lacking!


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## Ajax 83 (Aug 28, 2022)

I was more referencing the issue that the UK is apparently sharing biometric data. My view is that unless you are on a “watch list” then there is nothing to worry about (even if pulled for secondary questioning and just deny anything). 

I think a few concerns are that those articles were initially implying if you had ever been arrested for anything you would show up on the system.

But I thought I’d be helpful and get back to people here as there are a number who say they will and never do.


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## Ajax 83 (Aug 28, 2022)

aaustin16 said:


> Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?
> 
> I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.
> 
> ...


See my posts. Hope this helps and relieves any anxiety.


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## existentialist (Aug 28, 2022)

Ajax 83 said:


> I was more referencing the issue that the UK is apparently sharing biometric data. My view is that unless you are on a “watch list” then there is nothing to worry about (even if pulled for secondary questioning and just deny anything).
> 
> I think a few concerns are that those articles were initially implying if you had ever been arrested for anything you would show up on the system.
> 
> But I thought I’d be helpful and get back to people here as there are a number who say they will and never do.


I think they could just be sharing biometric data - ie., confirming identity - without going the whole hog and giving the US authorities access to criminal records information...


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## danielm (Sep 30, 2022)

aaustin16 said:


> Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?
> 
> I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.
> 
> ...


please let us know how you get on


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## Bahnhof Strasse (Sep 30, 2022)

1927 said:


> Well that depends who you listen to. *Travel agents have always advised that they should be declared and advise you to seek a visa if you have one. Ive never bothered getting a visa and have never had any trouble entering US.
> *


*

*


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## Bahnhof Strasse (Sep 30, 2022)

fwiw I went to the US last month, a handful of minor convictions over the years, including drugs, and yet again no issues whatsoever. In fact the border agent didn't even open our passports, just took the fingerprints from Frau Bahn and Baby Bahn 1 and waived us through, no stamps, nothing.


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## danielm (Oct 2, 2022)

anyone else been recently?


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## not-bono-ever (Oct 27, 2022)




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## moochedit (Oct 27, 2022)

not-bono-ever said:


> View attachment 349051


Does cuba stamp passports? If so i guess you'd have to "lose" your passport and get a new one


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## not-bono-ever (Oct 27, 2022)

They stamp it in a bit of paper. I don’t think the US and Cuba swap traveller information somehow


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## Gromit (Oct 27, 2022)

not-bono-ever said:


> They stamp it in a bit of paper. I don’t think the US and Cuba swap traveller information somehow


I guess they get UK exit and entry info.
Will no doubt has that they left for and returned from.


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## aaustin16 (Nov 23, 2022)

aaustin16 said:


> Hi. Just wondering if there’s any more information on this yet. I can’t seem to find anything but maybe someone else knows a bit more?
> 
> I’m travelling to NYC on 21st November 2022 and having read this thread in the past I was comfortable that I would just tick ‘No’ on the ESTA and walk straight through. Now having read this article I’m very nervous that once they take my fingerprints when I arrive, my caution for possession of a class A drug will flag up, even if it was over 10 years ago.
> 
> ...


Just wanted to report back…

Landed in NYC on Monday, customs fella asked us for the purpose of our visit, how long and where we were staying and how much cash we had. He took our fingerprints then stamped our passports and we were through. I’ve never been so keen to get out of an airport 🤣

So as of 21st November, you can still tick No on the ESTA. I was shitting it for about a week but it was all for nothing 🤣

Cheers to all those who replied to me.


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## Bahnhof Strasse (Nov 28, 2022)

Gromit said:


> I guess they get UK exit and entry info.
> Will no doubt has that they left for and returned from.



The U.K. doesn’t record where people leaving the country are headed, not where they have arrived from.


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