Travelling to the USA with a previous criminal conviction?

paradigm

paradigm

paradigm

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I'm trying to find out information about getting into the USA (Florida if it makes any difference) when the traveller is a UK citizen, but has a previous criminal record.

The person in question got taken to court for what was essentially a bar-room brawl in his teens (he's 62 now), I gather he needs to apply for an ACRO Police Certificate (within 6 months of applying for the B-2 VISA), but with the offence being so long ago, will anything even show up?

Will the type of conviction he has mean permanent denial of travel to the USA? If so does that mean he would have to apply for a waiver?

Does anyone have any first hand experience with this?
 
Only thing I know is that the US doesn't recognize the Rehabilitation of Offenders act so an offence of any age can show up.

He will have to get a visa but could still be denied at the border.

Alternative he can just take a gamble, or enter via land from Canada which is usually easier.
 
Authorities in the USA cannot routinely access the criminal records of UK citizens, they would need to stop your friend and request cooperation from UK authorities.

Advice I have seen given is to say nothing and just go.
 
Do nothing. fill in the visa waiver form like everyone else. The US have no access to the UK criminal records bureau. In any case if the offence did not carry a custodial sentence of 12 months or more and he didn't do any time more than 6 months and was more than 5 years ago, he doesn't have to declare it.
 
Unfortunately from the information I have (It's a friend of my mother's), he was made an example of, and got convicted with an 18-month sentence (he didn't serve all of it, but this looks like it's irrelevant).

By the sounds of it, the options are "say nothing", or risk permanent refusal by applying for a "waiver of the permanent ineligibility".
 
America is very strict against http://en.wikipedia.org/wiki/Moral_turpitude crimes
Assault (this crime is broken down into several categories, which involve moral turpitude):

Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
Assault with a dangerous or deadly weapon
Click to expand...
What was he actually charged with?
The first question on document I-94W for those visiting the U.S. on the Visa Waiver Program asks:

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?

Little guidance is provided to the traveler as to which offenses are included in the definition; however the Web site of the U.S. embassy in London states that a visa is required for anyone who has ever been arrested or convicted for any offense.[8] This appears to be at variance with the question on form I-94W and information supplied by the U.S. Department of Homeland Security, as there are many offenses that are not considered to involve moral turpit
Click to expand...

I would say nothing as I don't believe they have any way of checking your criminal record only if you are wanted for crimes in another country
 
The only thing he can do is apply for a visa by getting an appointment at the US embassy, paying about £100 and hoping they believe him. Do not even think of trying to get in on a visa waiver with a record.
 
This is how it works.

Go to the Embassy & be open about past crimes & apply for a Visa. As long as the crimes are not to serious & are a long time ago they will more than likely give the visa & you'll have no probs entering the States.

Apply for a Visa & say nothing & they'll turn you away & put you on the first flight back.

Of course if the past crimes are serious then they will Never let you in no matter what you say/do. :rolleyes: + :( = :p
 
From my understanding, you're supposed to apply for a visa if you have any offences, no matter how old/spent, even a drink driving offence.

In reality, they can't check unless the offence is explicitly shared i.e. related to terrorism/organised crime/member of an extreamist party etc.

Just apply for the visa waiver.
 
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My uni friend was charged with common assault last year and had the same fears when he took a 2 week trip to the USA earlier this year. He decided to just not declare it and he didn't have any problems. Obviously not the wisest nor most legal thing to do but I'm unsure of their ability to find out things like that.
 
Castiel said:
Do nothing. fill in the visa waiver form like everyone else. The US have no access to the UK criminal records bureau. In any case if the offence did not carry a custodial sentence of 12 months or more and he didn't do any time more than 6 months and was more than 5 years ago, he doesn't have to declare it.
Click to expand...

This is what I have been told too, and I know it for a fact they can't access the UK data without a formal request for data, having stopped you and taken you in etc.
 
Lazder said:
USA is a country of "Dont ask, Dont tell"

The thing is, why do he even need the visa?? Is he going to work or something?

You can travel with UK passport to USA with Esta (90 days)
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He needs the visa because any criminal conviction means that the visa waiver program doesn't apply.
 
4T5 said:
This is how it works.

Go to the Embassy & be open about past crimes & apply for a Visa. As long as the crimes are not to serious & are a long time ago they will more than likely give the visa & you'll have no probs entering the States.

Apply for a Visa & say nothing & they'll turn you away & put you on the first flight back.

Of course if the past crimes are serious then they will Never let you in no matter what you say/do. :rolleyes: + :( = :p
Click to expand...

or simply tick the No box on the Visa Waiver scheme via the ESTA online portal....you don't need a visa to enter the US, if they do not know (ie you don't tell them or apply for a visa through he embassy) then it is extremely unlikely they will find out. they do not have access to CRB checks.

I would be very careful about telling them about any conviction for moral turpitude...a friend was turned down for a VISA because he had a caution 20 years ago for smoking pot and that is it then...you simply won't get in.
 
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Does this apply to him?;

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? *
 
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