Travelling to USA with criminal record

[robsav]

The initial message was deleted from this topic on 04 September 2022 at 22:40

[SlimJim16v]

I believe you have to go to the embassy and beg for permission to visit.

[elanfan]

Book Butlins instead?

[Muzzer79]

I know of people who have struggled to get a visitor visa due to a drink-driving conviction, let alone actual burglary.

You will need to talk to the US Embassy. Don’t be surprised if you get a “No”

[CharlesElliott]

You only really have two choices - lie on the ESTA (which is another offence) as if you declare correctly that you have a conviction for burglary (a crime of moral turpitude), you will not be granted an ESTA.

The second option is to apply for a visa. I don't have personal experience of applying for a visa with a criminal record, but as the offence is recent, I think there is a high chance you will be refused.

[robsav]

Thanks all, appreciate the replies.

Not trying to hide what I did or anything, not looking to lie to enter the US, just hadn’t had any sense or straight answer out of travel agent etc so thought I would cheekily ask on here.

Cheers.

[steveo3002]

word always was if you dont tell them they wont know , maybe changed now or not the case if you're a major criminal

[ChocolateFrog]

steveo3002 said:

word always was if you dont tell them they wont know , maybe changed now or not the case if you're a major criminal

That would be quite the gamble wouldn't it.

Probably wouldn't attempt it if it was a neighbour I'd burgled that's for sure.

[TheDrownedApe]

Wife went to plead her case a few years ago against a 20yo ABH conviction. Embassy staff were surprised she had bothered to come for that offence. However sat next to Martin Clunes who was there for the same reason; she didn't have the gall to ask him what his record showed

[Sheepshanks]

Muzzer79 said:

I know of people who have struggled to get a visitor visa due to a drink-driving conviction,

I think it's changed now, but it used to say on the US Embassy website in Australia that they didn't need a visa for a drunk driving conviction - I can only assume loads of Aussies have been done for DD!

I know a UK family who cancelled a holiday at the last minute as they thought Dad wouldn't be let in with a Careless Driving conviction.

No one knows for sure (it's reckoned it's deliberately kept vague so they can please themselves) but it's understood that the first level of driving offence which is an issue is driving while disqualified as that's where moral turpitude can be said the play a part as it's a very deliberate decision to commit that offence.

[valiant]

Mate had a criminal record from when he was a teenager (for a single offence) and had to go to the embassy to sort.

It was pretty straightforward and once explained he got his visa no problem but it did take quite some time from getting an interview appointment to gaining his visa. I *think* some (if not all) have to be verified by Homeland Security which can slow things down.

Don’t book anything until it’s in your hand though and be very wary about not declaring it and doing an ESTA.

[matrignano]

I used to have work-acquired Visa before ESTA was a thing, and I got questioned a couple of times (post ESTA introduction) on arrival as they thought only Crims need Visas!

[NikBartlett]

I thought that you were barred from Visa free travel to the US if you have been arrested at any time in your life and even if it did not result in a charge ?

[HTP99]

Guy at work who was done for drug driving a few years back, resulting in a ban, needs a visa to go to the States his step "mom" is American which he believes will give him more of a chance of getting one, he's no desire to go though.

I wonder if they can find out any convictions that one may have, it's not as if the Americans will have free access to any standard UK police database to just look through as they please?

[Sheepshanks]

NikBartlett said:

I thought that you were barred from Visa free travel to the US if you have been arrested at any time in your life and even if it did not result in a charge ?

Only if the offence would involve moral turpitude.

[Alorotom]

steveo3002 said:

word always was if you dont tell them they wont know , maybe changed now or not the case if you're a major criminal

TSA has very sophisticated systems that scan the background history of everyone looking to enter the USA - this is the reason for the 72hrs requirement ahead of travel.

I was incorrectly connected with a terrorist and placed incorrectly on the red-flag list at the end of last year (I was actually confirmed as Red-Flagged, vs many who utilise the TRIP system for being generally flagged). It took months to correct and sort out with multiple telephone conversations and face to face interviews (in the UK and USA).

I wouldnt chance not telling them personally (and Im an inherent risk-taker).

[GCH]

NikBartlett said:

I thought that you were barred from Visa free travel to the US if you have been arrested at any time in your life and even if it did not result in a charge ?

Absolutely not.
Sadly, that is what the US embassy used to put on their website, to encourage anyone in that situation to apply for visas, leading to thousands doing just that unnecessarily.....but the concept of innocent until proven otherwise beyond a reasonable doubt thankfully still exists.
An arrest is just a detention. A charge is just a charge.
Absent a subsequent conviction (or caution, which requires an admittance of the offence, so is treated as a conviction under US immigration law), you are not barred at all.
And, even with a single conviction, you are not barred from visa free travel - it depends entirely on what offence it was, and the max possible sentence for that offence under the statute of the country it occurred in. Generally if the max possible sentence is one year or less, and you were sentenced to six months or less, you are fine.

There is some further serious detail to it, but it is summarised in INA 212(a)(2) https://uscode.house.gov/view.xhtml?req=granuleid:...

[Sheepshanks]

Alorotom said:

TSA has very sophisticated systems that scan the background history of everyone looking to enter the USA - this is the reason for the 72hrs requirement ahead of travel.

I was incorrectly connected with a terrorist....

So not sophisticated then.

One of my son-in-laws got pulled last time we went to the US - his name matched an American wanted in California. Took about 30 mins for him to reappear even though his middle name, date of birth and nationality were different to the person they wanted.

[Shy Torque]

TheDrownedApe said:

Wife went to plead her case a few years ago against a 20yo ABH conviction. Embassy staff were surprised she had bothered to come for that offence. However sat next to Martin Clunes who was there for the same reason; she didn't have the gall to ask him what his record showed

A drink driving conviction.

[Alorotom]

Sheepshanks said:

Alorotom said:

TSA has very sophisticated systems that scan the background history of everyone looking to enter the USA - this is the reason for the 72hrs requirement ahead of travel.

I was incorrectly connected with a terrorist....

So not sophisticated then.

One of my son-in-laws got pulled last time we went to the US - his name matched an American wanted in California. Took about 30 mins for him to reappear even though his middle name, date of birth and nationality were different to the person they wanted.

No, massively sophisticated.

They pulled a range of information and played it all back to me in both the original stop and detention (and subsequent arrest) in JFK and then with an interview further down the line - different information being played each time to me and with things that aren’t necessarily easily connected too - certainly not via name / email / IP / etc.

The connection was made through a purported work contact which the bad-guy had created a web of lies around and about and then also created false records to enforce.