Travelling to the US with a Criminal Record

[ellis81]

I am due to visit the US in a few weeks for a short break (4days) and I was wondering if I need to declare a Police Caution? Does anyone know if US authorities have access to UK records to check?

[pink-kittens]

Just tick no, on the visa slip you get given on the airplane, you will be fine and get through no trouble.
However, after Jan 2009 it may not be the same story because you would need to apply for a visa before travelling and may, of course, be refused
Check the travel forum for more detailed answers

[R1Geezer]

technically you need a Visa but in reality they have no way of checking, at the moment! So tick the box as PK Says.

PK are you saying that from January the visa waiver program is going altogether? Or have I mis understood?

[pink-kittens]

hiya
Yes, from what has been written here and in travel the VWP as we know it becomes obsolete. You must apply at least 72 hours before you leave for your trip or you will be refused your seat on that plane.
I don;t know all the legal terms but as I understand it, the US will, from 12th Jan 2009, have access to UK records
This htread explains it all http://www.theanswerbank.co.uk/Travel/Question 649221.html

HTH

[NORMANTHEDOG]

that is not true,the US will never have access to the british criminal records in jan 2009,and thereafter.
the new form just gives them extra time to check you out,but they will never have direct access to our records.

[ellis81]

Thanks very much for this. Although it would appear from Jan '09 I'm screwed!

[R1Geezer]

well not necessarily, you can still apply for a Visa, bit more agro but not too bad. Depends on how far you are up on the "moral turpitude" scale!

[pink-kittens]

ah, well i can really only go by what is written here Norm, and there must be some access to something or everyone would get in, wouldn't they? Well apart from those on terrorist/drug lists perhaps?
As i said, it's my understanding of it all

[ellis81]

I'm not sure what that means, my caution was for possession of a recreational drug. How does that fit into the scale?

[pink-kittens]

I really can't tell you that, its not so cut and dry anymore.
My other half has a 25 year old conviction which I am convinced will stop us doing Florida, but he can apply for the new ESTA and see if he would get in. If he get a yes, then I will go ahead and book our holiday when the time is right, if not, then we re-think where we go

[R1Geezer]

Well the old septics mention the term in connection with the Visa application process. Essentially it's a measure of how "out of order" they deem your crime to be. Now a caution is effectively a conviction in their eyes.
http://en.wikipedia.org/wiki/Moral_turpitude
I'd say a drug offence is pretty high so you may well be right that you are screwed after Jan 2009. Unforseen consequences of dipstickery I'm afraid!

[ellis81]

What even for possession/personal use? It's not like I did time for dealing or anything. Surely that looks less serious than a ten year stint in prison for supplying! How do actors and pop stars like Amy Winehouse get into the US if this is the case?

[Hazel104]

This gives good info

http://www.usembassy.org.uk/cons_new/visa/niv/ b2.html

I think the 'Important Notice' part is very telling, they probably don't have direct access to our records but I bet there is a process for them to have them checked.

[R1Geezer]

well personal usage you'd probably get a visa, it just means the process is arduous, They'd make you jump through a lot of hoops. I guess the junky pop start brigade get through too as personal users.

[ellis81]

Thank you all for your info. Much appreciated.

[bobs1975]

Pink Kittens - you are all over the shop and leading the poor poster up the garden path. The green form you need to fill out is the I-95W. Its a visa waiver you can use if you hold a passport for a visa waiver country. One of the questions is asks is "Have you ever been arrested or convicted for an offense or crime involving moral turpitude".
Now what is moral turpitude? - well most lawyers don't even know but in essence its a crime involving evil intent.
Wikipedia it -
Now because most mortals have no idea what moral turpitude is the US Embassy advises all travelers with arrests, cautions, convictions to apply for a visa so they can just if your crime involves moral turpitude.
In the posters case drug offenses are classed as moral turpitude and it is the reason why Amy Winehouse did not make the grammy's - she was denied a visa.

[R1Geezer]

sorry ellis, it seems Amy W didn't get in!

[bobs1975]

oh and do add to that
ESTA is a replacement for the I-94W. The questions are still this same and as someone suggested does give the US authorities more time to check up on you.
BUT
They can only request about individuals and must have a damn good reason for the UK authorities to release the info. Its against European law to make it freely available to anyone. Just think how many UK travelers they would have to specifically request info on everyday.
The decision is yours - there's an element of risk but drugs is a no no when it comes to moral turpitude - had you escaped from jail you'd get a visa no problem. go figure

[pink-kittens]

it was my understanding of how things will work from 12th Jan 2009 - hence my giving links that explain things using legal jargon etc etc. don't think i was in any way misleading

However you say it 1-95w this is the VWP that you fill out on the plane on the way over ticking no to everything, and you will have no problems on the other side of the ocean.
After Jan 2009, then you need to apply before you fly. Do you know then, what happens after you have been given 'permission to fly'? If you only have to apply 3/4 days before you go for that permission and assuming you are told yes, what then? Or is it (as I understand it) you don't need a visa for less than 90 days of travel within the US?

It will be interesting to see what information exactly 'they' will be able to access

[bobs1975]

The I-94W and the ESTA are much the same thing. There's 2 differences: 1. One is paper the other is electronic. 2. One you fill out on arrival the other you fill out a minimum 72 hours in advance of travel. If you answer NO to every question on either form you are free to commence your travel. If you answer YES to any question you need to apply for a visa. If you are free to travel this does not stop you being denied entry at the Port of Entry. If an immigration official throw's you a couple of curly questions and suspects you've lied they can refuse you entry. I might add by signing a visa waiver you refuse your right to appeal. The US permits countries who agree to share information about known criminals to use the I-94W. The UK does not allow direct access of the criminal database to any country but with a good reason the US can request information about anyone. That's why UK passport holders can use the I-94W if they can honestly answer NO to every question on both I-94W and ESTA. Please do you research carefully and please read the ESTA guidelines very carefully.

[weecalf]

Travelling to America with a criminal record . Had me worried there Though you were taking WWW ruination of the Troggs song to USA.