[Closed] Going to America with a criminal record.

You have to declare this on your application form and they will tell you whether you will be let in. Without pre-approval, no one can fly to the US (well no foreigners):

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.

Try the US Embassy. You will have to declare it on your visa application, so they will let you know what your chances are. I am thinking slim.

Unless you fly into Canada and take the bus, they don't check so vigorously there, I was given to understand by a German stoner I meet on the East Coast.

see: https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#APA2

from that site;

[i]are you seeking entry to engage in criminal or immoral activities[/i]

do you think they get many 'yes' responses to that one?

I thought Brits didn't need a visa?

I thought Brits didn't need a visa?

You do if you have a criminal record, and my understanding is that Canada is now just as strict as the US. We all share a lot of information, that is available when your passport is scanned, so unlikely to get away with not sorting it out in the first place.

The US border guards are, IMHO, the most jumped up jobsworths ever. I've pretty much argued with them every time I've gone into the US (which thankfully isn't that many times!).

It turns out the answer to "Why do you want to come into America" is not "I don't" even if it is true. Stupid twunts make you clear customs even when transiting and changing aircraft. I think it was a good think I was already booked on an aircraft out of there. 🙂

You either need a Visa or a Visa Waiver - which is the ESTA process.

If you are going to declare it you will need to apply for a visa beforehand and run the risk of them saying no.

If you just get an ESTA before you go and tick no to the criminal record questions on the plane you will be fine.

[i]If you just get an ESTA before you go and tick no to the criminal record questions on the plane you will be fine.[/i]

and if you're not fine just point them at this thread?

Just don't put that you're a Cat Stevens* fan on the form 😉

* http://www.guardian.co.uk/world/2004/sep/22/usa

It turns out the answer to "Why do you want to come into America" is not "I don't" even if it is true.

As opposed to the rest of the globe who truly appreciate your rapier wit?

If you don't declare it & they find out, you'll be straight on your way back to the UK with no chance of ever getting into the US again.

I'd imagine posession with intent, 13 years ago or not, is going to count quite heavily against you though. The US don't recognise the rehabilitation of offenders act either.

Adele did it easily. 😀

It turns out the answer to "Why do you want to come into America" is not "I don't"

What do you gain from being a smart arse with an immigration official, other than some sort of pathetic self satisfaction?

Your "petty" criminal conviction of 13 years ago will by now be "spent" and you do not have to declare it...

I may be wrong but you only have to declare convictions that are still standing (I think it takes 10 years) depending on the nature and severity of your crime...

I went to the US 10 years ago and I did not have to declare my conviction (I got into a fight in my student years 10 years prior)

Look it up on google.

a criminal record, earlier;

[img] [/img]

Your "petty" criminal conviction of 13 years ago will by now be "spent" and you do not have to declare it...

errrr...... no, the Rehabilitation of Offenders Act does not apply to U.S. visa law

So, can US border control have access to information about UK individuals then? Information what's meant to be confidential?

Sit, Ukay, sit.

[img] [/img]

So, can US border control have access to information about UK individuals then? Information what's meant to be confidential?

Yes, I have wondered if passing on information about a spent criminal conviction breaches human rights laws.

And it does have a much greater impact on those travelling from countries that keep records proper records.

mossimus - Member
If you are going to declare it you will need to apply for a visa beforehand and run the risk of them saying no.

If you just get an ESTA before you go and tick no to the criminal record questions on the plane you will be fine.

That's a pretty silly thing to say, seeing as the OP will still have to face a live person at a desk who will ask him the same question, only [i]viva voce[/i].

I don't know about you or the OP, but I have a hrad time lying to anyone, nevermind an immigration official trained to identify the signs of dishonesty.

A unplanned plane ride home would not be pleasant.

So, can US border control have access to information about UK individuals then? Information what's meant to be confidential?

They certainly share some data - terrorist suspect etc. but where the parameters are, I don't know

As others have said the USA doesn't recognise the rehabilitation of offenders act and so any past misdemeanor should be declared.

I know some friends who have not declared past convictions and essentially travelled on the visa waiver having made a factually incorrect declaration. Its a big risk, and you could potentially be deported straight away.

Others have been upfront and declared the convictions and gone about obtaining a visa. Generally they have all been granted a visa up to a maximum of 1 year. It seems a protacted process whereby you need to go to the Embassy, queue for an interminable amount of time and then be briefly interviewed as your application is processed. A few days later your passport is then posted out with a visa if succesful.

Ultimately its your call, I'd personally just apply for a visa and be upfront about it. After all if you are reformed character what have you got to hide?

Can you check your own criminal record.?

just lie. They'll never know as there's no way for them to find out. If they asked here, it wouldn't appear as it classes as spent.

Her Britannic Majesty's Secretary of State Requests and requires in the Name of Her Majesty all those whom it may concern to [b]allow the bearer to pass freely without let or hindrance[/b], and to afford the bearer such assistance and protection as may be necessary.

So, not worth the paper that statement is written on then, quite frankly.

are you seeking entry to engage in criminal or immoral activities

do you think they get many 'yes' responses to that one?

This is because it's much easier to boot someone out of the country for lying on their visa form than it is for various "criminal or immoral activities."

Your call probably they don't know and it's spent here but who knows if the MOD shared the info re discharge for drugs dealing all those years ago. As mentioned the US authorities will if they find out you've lied on the visa waiver kick you straight back, next flight, there is also the chance that they'll refuse entry to those travelling with you and send them back with you.

Do we treat visitors from the US with the same level of respect?

FFS, what a load of mither. The worst thing that can happen is you lie and you visa application gets knocked back, big deal ! The best is you get your entry visa and waltz in and you are good to come and go from here on in. If you think the UK and America shared this info all those years ago your mad and you are more mad if you think the it would still be stored and in use by the Americans in 2011.

Fill the in the form, say you have a clean record and stop poncing about !!!

Say you have a clean record, if questioned, play dumb and say you didn't know you had to declare stuff from that long ago.

What do you gain from being a smart arse with an immigration official, other than some sort of pathetic self satisfaction?

You flush out a couple of blowhards on the stw forum?

just lie. They'll never know as there's no way for them to find out. If they asked here, it wouldn't appear as it classes as spent.

This approach worked for me.

I have had nothing but grief off US Immigration officials in LA. Got hauled in for overstaying on transit to NZ due to a clerical error, that was scary. They wouldn't let me out of line once to use the "restroom" so I vommed in their hall. That was fun.

In San Francisco totally opposite, guy behind the counter hit on me, and suggested I meet him for a drink after his shift (I had a 10 hour layover). That was bizarre.

But yes, don't lie to them, they know...

'Land of the free' it certainly ain't - you learn this the first time you go there.

That line on the floor in the airport where you get checked that you 'do not cross until called'. You don't cross it. The people in the booths are miserable, unhappy humourless jobsworths. Welcome to America indeed

ESTA/Visa Waiver still asks if you were a member of the Nazi Party 1933-45 so it's not the most up to date process.

don't tell them. You think they have a database of spent convictions?

actually, they probably do. and a record of this thread. Go to Mexico and run the border.

Just fly to Mexico and jump the border, simples

That line on the floor in the airport where you get checked that you 'do not cross until called'. You don't cross it. The people in the booths are miserable, unhappy humourless jobsworths. Welcome to America indeed

Presumably you travel on a British passport- Americans are a shining delight to deal with in comparison to the soulless, vicious types that inhabit the 'other passports' booths at Heathrow.

Googling seems to suggest that there's not much chance of being picked up for abusing the esta program...

When I went to the US embassy to get my one year Visa, the interview process though initially informal and chatty soon became very strict and terse. The interviewer knew about every trip I had made to the US in the last ten years and with whom I had stayed.

I would declare everyting up front.