Visas/criminal records to USA please help?!

[Deppster]

You're meant to apply for a visa to visit USA if you have a criminal record or been arrested EVER. But loads of people are just ticking NO to questions about convictions on the plane, travelling without visa and getting by no problem. However I'm sure with my luck we'd be stopped and that would be the end of our dream Disney holiday before it had begun. I know your criminal record cannot be linked to your passport when it's scanned otherwise all the people with past convictions would not be getting through under the Visa Waiver Programme. Some people apply for the visa and don't get it- or they get it but get refused entry into the US anyway so no wonder people are lying about their criminal records. I have convictions for theft/ breach of peace/no TV license from 16 years ago approx. Partner has 2 thefts/ 2 or 5 breach of peace from 10 years ago and a drink driving from 5 years ago. Does anyone think that one or both of us would be refused a visa and/or entry into the US? I'm worried sick - holiday is already booked and kids are looking forward to it.

[moranclan]

Hi just been reading through and we are in the exact same position except we found out late that we needed visas for usa we fly out in may!! my husband has 1 DD conviction 11 years ago, so we have made the appointment to go to Embassy for visa, Does anyone know if we cancel the appointment and try the visa waiver if they can find out that we originally applied for it? as they took passport NO. etc. We are worried it will take too long to be granted a visa and they will be able to find out that he lied on the waiver through the embassy!

[pegasus_kid]

I have just booked my first family holiday to Florida in July of this year. I wasn't told about criminal records and the VISA Waiver Programme until after I had booked the holiday. Totally ashamed and very embarrasingly I have an ABH assault conviction on a minor (under 15 years old) against me which took place 13 years ago despite the fact that I argued that it was an act of self-defence. It got me nowehere in the courts and I cannot see me getting anywhere if I manage to make it to Florida and I am quizzed by officials over there. Does anyone know if it is too late for me to contact the US embassy in London and get the correct documentation? We are departing in the middle of July. Although I don't like the idea, should I risk it and say "No" when completing the Visa waiver form? Do you complete this on the plane flying over to Florida or do you fill it in at the Airport?
Just as a matter of interest, have the guys mentioned in this thread been over to Florida yet and how did they get on?
Any help or advice would be greatly appreciated. Thanks so much.

[Deppster]

Not been yet, now it's too late to apply 4 the visas so...here's hoping all goes well - What a nightmare.

The nightmare is compounded by the fact that a delivery guy informed me last week that he was stopped by American customs (this end) as they knew about his criminal record. His family has to go to America without him - he was refused entry as they knew about an offence he commited with an air rifle when he was 15 years old! I think it was because it was technically a 'gun' crime that this was taken so seriously. But it just shows you - the guy was 40ish and traveling with his parents and other relatives - yet he was flagged as an 'undesirable' and refused entry as he had no visa (doubt he would have got one anyway) cause of getting caught firing an air ifle when he was 15!!!!!

I'm horrified! What if that happens to us? I mean imagine if that happened when children are involved? It doesn't bear thinking of. He didn't even get the chance to fill out a visa waiver - they already knew. Not sure about the other members questions - I cannot say whether or not you'd get a visa with those past convictions but one things for sure - don't bloody mention ANY of them to customs.

I'm guessing that crimes involving guns (even air rifles etc) terrorism, drugs, murder or rape are automatically 'flagged' or disclosed to customs? So if you've been involved in any of those you might as well forget it - you won't get a visa and you may not get through customs by lying either. But what about 'other' past crimes then? Will theft and breach of the peace get us stopped? I hate this whole thing - I wish i'd never booked. I just don't get it - I know of people with really bad past criminal records who have been to the USA this year and last year with no problem - they just ticked NO on the plane to the 'Have u ever commited a crime of moral turpitude?' How the hell did they do it? Am I resting my hope of an unspoilt holiday for my children

[jules76]

Hi I am in the same position and have done a lot of searching about this problem. I contacted a government help body that help people move on and reform with criminal records and they have all the lastest info on this subject. They said that although you should apply for a visa to get into the US if you dont get a visa or did not realise you had to apply for one then the US have no access to the British crimal records and the only way they could find out is if you tell them, so if you have run out of time then your only option is to keep quiet about it,
. I hope you no problems as I dont see why a petty crime should effect the rest of your life

[ill-static]

Hi I hate to write this up but not everything that is written is true.
What i was looking for to put a stop to my worrys just let to more. This is a realy bad nightmare for anyone knowing or not.
I have read some many urban miths about getting sent home or getting in I wanted real advice for real people eho can be trusted.
Apon my search i found this. MUST READ

Further to his appearance on Specialist Sky Channel �Legal TV� US Emigration Lawyer Nilay Shastry, an American working in Birmingham has been inundated with phone calls relating to traveling to the United States.

http://www.getvisas.co.uk/article89.aspx

Aslo You must read this on Drink Driving.

http://travel.timesonline.co.uk/tol/life_and_s tyle/travel/article1840137.ece

It says Clear at bottom.

Some readers have asked whether minor driving offences such as speeding need to be declared on visa-waiver forms? No, but if there is a more serious driving offence that has resulted in arrest and/or conviction, such as drink driving, that would have to be declared in advance, and travellers will have to apply for a visa.

Also Its not there where they will ask you about you convictions it's at the proccessing of visa.
And here is how they get your list of Convictions & there is no way you can explain "ohh but that off now"
Tryed and tested method only last year,
When are you going ?
How long do you have?
Also you will be declined visa for Drink Driving also it does not apply in the visa waiver programme as morraly wrong applys how do you explain you were not morraly wrong for drinking and driving also the fact the so many people are killed by dui in usa even

[ill-static]

Hi I found out that when you book with Travel Agent they must surrend your details to the MET Police for a Criminal Record Check that is then sent to Imagration of what county you are going e.g. Florida.
The problem is not when passing Customs its when Questioned by the US Imagrations you will be asked "Have you been Arrested or Convicted of any crime" at this point you are finger printed & eye scanned now this is where the problem arises. If you ansewr "No" your finger print will show on screen (The screen is covered by a green sheet and you are not allowed to view) and you are caught via saying you have no criminal record and your offence is shown on screen.
If you say yes to the criminal convictions you will be asked for your passport if there is no visa attached you will be asked why you never applyed for one. "didnt know" is no excuse.
I am unsure of how correct this is but please feel free to correct.

[ill-static]

When are you going deppster?

[Deppster]

this cannot be true as countless people with criminal records lie and say they haven't got a record, and they get it in (even people with very serious crimes) unless this has changed in the last 9 months or so. Anyway don't tell me stuff like that man lol that's way too worrying.........

[ill-static]

Hi its hard not to worry i am in the same case I have a criminal record but i have applyed for met police record & going to make app with embassy in Belfast.
Its a hard thing as its 100s of miles from me.
But this is true I was at police station filling in form there was a guy about 40 who was deported from Stanford USA for having a breach of police he said I quote " The US embassy have a direct link to finger scanning procces to all Eu police database since MAY 2004"
He said I got over throw customs and imagration pulled him over as asked on the W134 asked him if he had ever been convicted of a crime in witch he said "no" took him back and showed him his MET police records he had to pay $100 and he was sent back on next flight.
They were devestated.
They looked real upset so I think he must be telling the truth.
Anyway I found out what the scanning of finger prints & how they are linked I will post later tonight.

[ill-static]

Hi again looking more into this as I find a new quest to stop the worry. But it only seems to get bad news after bad news. Drunk driving is classed as Moral Turpitude Please read here under US Law

http://www.mathurlawoffices.com/dui.html

Also you will be refused a visa if you apply for one so no chance of trying that.
I think now you will have to chance it there is nothing els to do. But I have here found out that if you take your police records with you and you do get stopped you can prove that there was no death to a thrid party and it is up to the imagration officer he can grant you access for the holiday it is up to his/her.
I know this is not helping take the worry away but it best to say to your kids in advance some thing like not everyone gets in and if its busy then they wont allow you in. I know it would be hart breaking but I will have to do the same its better than not saying anything and never know your luck get sent home how can you explain that to your kids.
I think it really suck's and if they can do that to us we should do the same to USA coming here for a holiday "I bet that would not stand long".
Is it really the case where usa are so far up there own backside you can refuse holiday makers port and deport them back?
If that is the case I hope the tourist andustry will fail.

[DEEKO]

ill-static - i live in northern ireland but was convicted of having a small amount of cannibas in southern ireland 5 years ago. I wasn't fingerprinted when arrested and wondering if they would only access my UK file details as its a uk passport or both UK and ireland files?

I might be going to the states with work and never declared i had a criminal record with them so i don't know whether to say nothing and chance it or go ahead and tell them.

Anyone else any ideas?

[ill-static]

Hi ok this is a hard one.. But what I have come to find out is they have access to all EU Criminal Database this would include IRE.
I have done a lot of research on this and made a few good contacts via forums I know of 1 lady who is studing to be a Imagration Officer/Advicer. She contacted me yesterday and told me Standford Airport are now on high after london and glawsgow bombings.

[22-James]

Has anyone actually been to US in the last couple of months?
Can they shed some light on what actually happens?
Not speculation, or read on the net.... Actual facts of whether or not they check your criminal record. Do they take fingerprints? Do they have access to it?
My crime was committed 3 years ago.
Thanks

[mer1axh]

Hi All

to try and put some minds at rest , they do take fingerprints, etc as standard when you arrive but i have been four times and decided to take my chances as i "didnt know" you had to get a visa if you had a criminal conviction. I was convicted of shoplifiting and drink driving 5 years ago and have entered without any problems at all with my family after lying on the vwp .. They do check with met police as your passprt is scanned before you take off but to be honest i think customs are looking for bigger fish. Hope this helps you all!! There is always the chance though., but if you havent the time to get a visa i would say chance it as long as you havent any serious convictions I.E Guns, Drugs or of a sexual nature it may be different then

[Deppster]

Thanks to all who replied but we got through customs with no problems at all! The holiday was fantastic!!! 2 weeks wasn't long enough - it was really a dream holiday. Yes they scan your fingertips (fingerprints) and yes you have to fill out a form on the plane before it lands, but it was all fine. It's true about them looking for bigger fish. If you're silly enough to tick 'yes' to having commited a crime of moral turpitude, then you will of course NOT get through customs and you will be sent home. So unless you are a convicted drug dealer, sex offender or have commited a crime involving firearms, you will be fine. No one actually asked us if we had been arrested before, but if they had we would've obviously said no. We are not terrorists or a danger to society so i think we have the right to tell 'white lies' to take our children on a holiday of a lifetime. Real terrorists etc arent going to answer truthfully about their intentions in the USA anyway so it's really quite a ridiculous system. I don't mean to judge a book by it's cover - but there was some decidedly 'iffy' looking people getting through customs with no problems - big bad looking guys LOL covered in tattoos etc, and no one stopped them or assumed they were 'criminals'

[PhilipoGraha]

I have a criminal record from 30 years ago. I did apply 24 year ago for a visa even through we have a waiver program in place. i got the visa. I never got to the states but decided to go somewhere else. So there was not problem getting the visa HOWEVER, the stamp on the visa mentioned subsection blaablaa so every time I went in and out of any country they would go away and check out what it said. Now I never got refused entry but there is a senario where you could go to another country and say you did not have a criminal record and whammo they have you as its says something on the old US visa. So my dilemma is that I am wondering if they have that information on file about my visa approval 25 years ago. Sure if I apply for my visa again I am going to get accepted but hey, I got a new passport now and dont another one of those stamps if I can help it :)

The other downside is that if I tick that I dont have a criminal conviction and later I want to stay long term in the US, I would imagine I would need at least a police certifciate so Whammo they have me for lying before.
My question is, has anyone else gone for the visa and does it the visa these days have any remarks on it that might lead an immigration officer of a another country to suspect that do you have a record?

[Pee-Wak]

getting in to the USA is not as hard as you think because i have been 3 times in the space of 4 years and my next 1 is already booked in feb 2009.
when i was 15 years old, i was charged for the theft of �30. im 25 now and ive got in to NEW YORK by using the visa waiver form and just ticking the NO box.
your finger prints and picture are checked against the F.B.I. records and not the UK criminal records.

[Pee-Wak]

you can confirm what i said about your fingerprints, picture and the FBI records by going to
BBC NEWS UK Britons to face US fingerprinting

good luck

[stormboy]

Go to the States.
The US immigration do NOT have access to UK Criminal records. No matter what you read or hear.
They also do not check with the MET Police before departure. This was outlawd by the EU courts.
Nor will they do a CRB check as you would have to give permission for this. As a former travel agent, l have never ever heard of this!
The system is just like the one in Japan now. It only applies to offences committed in within the USA. Unless they appear on the INTERPOL list..
If they knew, they wouldn't ask you in the first place.
The USA simply wants information on everyone, full stop!! Most Countries just will not allow this.
Phone the British Home Office if you want to check.
Lokk smart, be polite and only answer questioned when asked.
Enjoy your stay .