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Criminal Records and Going to the USA
Daffodil67
Posts: 1,742 Forum Member
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Hi all, looking for a bit of advice. I accepted a caution for assault (in self defence, but I wanted to just go home at the time so didn't ask for a solicitor, what is done is done though) back in 2005.
I also received a Fixed Penalty Notice for Section 5 Public Disorder in 2012.
SInce then I have worked for the MOJ, passing DBS checks (Declared both of the above)
Anyway, do I need to go down the whole Visa Waiver thing to go to the US? Or just get a copy of my police record and if it's clear hope for the best? Will a caution and a FPN really keep me out of the country?
I have also changed name since both offences, first was in my old married name, second was in my maiden name and I have since remarried.
I also received a Fixed Penalty Notice for Section 5 Public Disorder in 2012.
SInce then I have worked for the MOJ, passing DBS checks (Declared both of the above)
Anyway, do I need to go down the whole Visa Waiver thing to go to the US? Or just get a copy of my police record and if it's clear hope for the best? Will a caution and a FPN really keep me out of the country?
I have also changed name since both offences, first was in my old married name, second was in my maiden name and I have since remarried.
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Comments
https://esta.cbp.dhs.gov/esta/
You have to pass a "moral turpitude" test. What that actually means is open to quite a wide interpretation. Look it up and figure out if you fall within that.
I have spent convictions in the UK, the US cares not if they are regarded as "spent", you are technically required to declare all. I have been in and out of the USA many times since and never declared any one of them.
When you arrive at passport control in the USA they will ask 3 questions.
Why are you here?
How much money do you have with you?
When are you leaving?
If you can answer those questions you are good to go ( or enter the US).
But then I think.... eh?
But then again, this is going to be a pretty big trip for me and hubby next September, multi city tour of about 3.5 weeks so the inconvenience of the day going to London for a visa would be nothing compared to a £10K plus trip being scuppered, right?
Perhaps I am answering my own question, will check my police records first though and decide then.
I chose to not declare. I've been in and out of the USA 6 times since not declaring.
If you declare they will not bar you from visiting the USA, they will just ask deeper questions. The decision you have to make is whether to be completely honest and declare which will most likely require a visit to the US Embassy in London ( which is not a prob if you can make a long weekend of it), or take your chances. I don't know the exact nature of your UK troubles so that has to be something you do some research into and make up your own mind. I came to the conclusion regarding my troubles, that they were most unlikely to know about them and so took the chance.
Oh, and a Fixed Penalty Notice should not be on your Criminal Record anyway. It's a fine for being a stupid arse. The one to research is the caution, which again should not technically be on any record passed to the US officials.
A FPN is not a criminal offence, so will not show should the US decide to do a background check, and assuming the caution was recorded correctly as a caution and not a conviction then you have no need to worry.
Fill out the online ESTA and dont worry about it further.
ESTA all the way.
And when you get to the US, enjoy.
Oh we will enjoy, one of the perks of a second marriage with no kids is a house to sell and have some fun. I have many friends in the US through my own business (web forum, obviously wasnt posting this there!!!) that I want to meet with yay.
I suppose having a valid enhanced DBS (Was CRB) cert from my Ministry Of Justice Days should make me not stress too?
You have definitely answered your own question.
A 1995 conviction for driving while drunk or an arrest for shoplifting isn't going to flag up on the immigration officer's computer screen at JFK when he enters your details.
If you get a provisional permit from the online ESTA, then you're home and dry and you have only to answer the perfunctory immigration questions on entry to the USA.
Compared to the stuffy jobsworths on Canadian Immigration US Immigration is a breeze.
The probability is that you won't get caught. However, if you are then it's a ban from the USA, £10k completely wasted and zero insurance compensation.
In the USA, airport staff are trained to look for suspicious and nervous behaviour in respect of terrorism and if they pick up signs of nervousness from you over the convictions issue then you could be asked to step aside into an interview room and everything could spill out. For what it's worth, my advice would be to seek the advice of the US embassy in London [see http://london.usembassy.gov/visa_contact_information.html], declare everything and be open and honest. That way you won't be in for a horror shock at the arrivals airport. If the worst comes to the worst, I'd suggest checking out touring holidays in Canada and Europe instead where there are plenty of interesting cities and history and lots of good countryside.
If you even try and ask the US Embassy they will ALWAYS say apply for a Visa, that can take months.
Have a look on the Dibb forum (ts a UK site for people obsessed/travelling to Orlando and the ETSA question pops up daily along with peoples experiences and interpretations of what Moral Terpitude is.
Personally, I would go for the ETSA.
Whichever you decide, do it quickly, the full VISA process can take 6 months plus.
But apart from the ESTA not guaranteeing admission, they are also in a position where they don't know if they are answering the questions truthfully.
Happily my ESTA is valid for the next 16 months, how is that question re your criminal history worded now ?
I think this is the new 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? *
followed by:-
3) Have you ever violated any law related to possessing, using, or distributing illegal drugs?
Based on that it's then interpreting what they mean by 'serious harm'.
Say nothing. I have a past. In the 90s I was at a major rave and searched and caught with LSD. Then they searched my house and found more lsd and cannabis, speed and ecstasy.
I've been in and out of the USA loads of times without any problem.
That's terrible advice. They only need to show nervousness and have a spot check done on them and they will be deported at their own cost, have their holiday ruined and never be able to go to the U.S. ever again.
There's been a move towards reviewing cautions more thoroughly by the U.S. gov for immigrant purposes recently but if you're travelling for a short trip/non immigrant purpose then I don't think you fall foul of that question.
Honestly they're going to be more interested at the border if you plan to overstay. I think a caution for what was ultimately a simple scrap is not going to black ball you.
If they have questions you will be pulled into Secondary screening. As for being banned for life that simply isn't true. You'd likely be rejected for Visa Waiver and have to get a visa but life bans are only placed for long term overstayers and even they can appeal for a waiver after 10 years.
As for own expense in return, you simply use your return ticket.
Enjoy your trip. US entry guards are tough (that's the nature of the job) but also extremely fair.
Banned for a while then, maybe not life.
As for the return ticket, unless you have a flexible ticket you will have to buy a new one.
Maybe, depends on how flexible the airline will be....in extreme cases like deportation they may waiver fees.
Don't you have to do waiver 24 hours before you fly to give them time to carry out checks now