For BUENCHICO CHRIS - USA VISA WAIVER CTD..

[LauraB123]

Buenchico just wondering what you make of this link http://www.cbp.gov/xp...p_2008/09232008_4.xml on data sharing between the UK and US? also what do you make of this freedom of information request http://www.whatdothey...n_with#incoming-41038 I would be interested to know your thoughts in relation to my position. Regards....Laura

[LauraB123]

http://www.google.co....i=&fp=95364e430633fe9 Heres the link again

[yogi-bear]

Hi Laura,

Try and post links again......page not found on both.

Chris will be able to help you then, when next on

yogi x

[LauraB123]

http://www.whatdothey...n_with#incoming-41038 and the second. Thanks so much 4 all your help.

[LauraB123]

Thanks Yogi, have tried again so I hope they working now. Thanks guys you all so friendly on here :)

[yogi-bear]

You're most welcome, Laura....and thank you for the comment......we are a friendly bunch, eh? x

Anytime you wanna chat over in CB, please feel free, as quality people there too, my lovely x

[LauraB123]

What is CB? sorry i'm new 2 all of this :-)

[yogi-bear]

Chatterbank ....6th down on the list where we hang out quite a bit, and put threads up and comment/chat on the thread........there are some lovely people on here, Laura....Chris/Buenchico being just one of them, so a big welcome to you on AB and hope you love it here. Hope to see you on other sections too.

yogi bear xx

[Buenchico]

I've finally managed to work through the links to get to the real substance of your post, which appears to be this:
http://www.whatdothey...inal%20reply.doc.html

I have always stated that the US authorities do not have 'carte blanche' access to UK criminal records. The letter from the Home Office states;
"The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities".

Further I have always stated that the US can make individual requests for information. The letter from the Home Office says: "The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels".

I can't see that anything has changed there. Your original question related to applying for a B2 visa because you've accepted a caution for theft (which is what the US Embassy website, together the United States Immigration and Nationality Act, states that you must do). I repeat my original assertion that, if you do so, you might have a very long wait for a reply and may quite possibly get a refusal.

However the vast majority of people would probably simply 'forget' about their brush with the law and enter the USA under the Visa Waiver Program (by obtaining an ESTA). Several people on here have stated that they've successfully done exactly that (including one guy who wrote that he'd 'forgotten' about two drugs-related convictions, but who still had no problems with US immigration).

Chris

[LauraB123]

Thanks Chris for all of your help :)

[LauraB123]

Also found this http://www.interpol.i.../ncb/i247/default.asp which suggests data is shared

[LCDMAN]

I think the point Chris is trying to make is yes, they may share information but this is the result of a specific request by the US Authorities for information on a specific person/threat and not on a carte-blanche, day to day basis for everyone who applies for an ESTA!

I agree with his advice as I, and many of my work colleagues, have had no ESTA (or Visa Waiver, prior to ESTA) issues for many "indiscretions" earned as juveniles or indeed "student activists" and regularly travel to/from the USA.

They do not/will not know about your minor conviction nor, despite their Embassy's scary information, will they actually care.

[LauraB123]

Thanks LCD man for sharing ur experience

[LauraB123]

LCD Man is there a difference between ESTA and Visa Waiver or is ESTA the process that you go through to obtain the visa waiver? Just checking that I have the right understanding of it all! Thanks x

[LCDMAN]

The Visa Waiver (i.e. no need to get a full Visa) scheme applies to lots of countries citizens who wish to travel to the USA. Historically, this is the green 1-94W form that you get on the aeroplane/ship when you travel to the USA (still) The new electronic version of this is the ESTA - which you must apply for online at least 72 hours before traveling and get a reply confirming that you can travel. BOTH systems are still being used until all US ports/airports are upgraded to handle ESTA electronically - this will be a while yet.

The US Embassy information list those "classes" of individuals who are not eligible to use the VW (or ESTA) scheme and MUST (according to them) apply for a full Visa - this includes many who have "committed" seemingly trivial offences, which is why it is important to realise just how much info the US authorities might have access to. Unless you are a major criminal/terrorist and on a "watchlist" somewhere then they will have no knowledge of your caution for such a minor offence and, as I said before, will not care in the slightest.

Go online, apply for the ESTA, get confirmation to travel, sorted.

[LauraB123]

Thanks LCDMan and also to Chris and Yogi I will let you know how it goes hopefully will be OK even though its caution involving Moral turpitude. Fingers crossed.