Entry into U.S. with criminal record

[Michelle70]

Hello
I am planning on going to New York for a long weekend for my 40th Birthday in February 2010. I have a criminal record for Fraud. What are the implications of this of being able to enter the U.S.

Many Thanks
Michelle

[dzug]

Answer 1. (practical)

If you don't tell them they won't know about it.

Answer 2 (legally correct)

You must apply to the US Embassy for a visa. Start now - it can take months. There is no guarantee you will get it - depending on how long ago the offence took place and how seriously they view it you may be refused.

[R1Geezer]

Just to ad to dzug's answer, if you choose 2. and you don't get a visa then option 1 will be off the menu.

In all probablility they won't know so if do option 1 you'll probably be ok but if they find out, you feet won't touch!

[Meridianman]

Since the beginning of this year you now need to get travel authorisation online to use the visa waiver system. I know some people have said this blocks the loophole of simply not telling the authorities about your past misdemeanour. However, I'd be very surprised if the UK have allowed the US open access to our criminal records. In fact I'd be astounded that it hasn't made the press. This question comes up regularly and I have never read of anyone who has actually been refused entry when simply 'forgetting' to tell of their convictions - but i've read dozens who've said they gained entry no problem. This applies both pre and post the new online system.

You'd therefore be very unlucky not to make it through and as the previous person says, if you apply and get refused thats it.

[dzug]

What the US authorities now have access to is the data held by the UK immigration service on stolen/forged passports, wanted persons, refused entries and the like. They do not have access (without just cause and reason on an individual basis) to UK police data.

[Michelle70]

Thank you for your replies. My Fraud was housing benefit fraud....what would happen if I submitted no convictions on the form before entering US then say I was found out on arrival ??I wouldn't want to wreck my holiday?

[R1Geezer]

If they spot you on entry it's off to the cells an as it's a short trip they'll probably wait for your flight home and put you on it. You get to spend a nice long weekend in one of their charming flowery dells. They will feed you of course! The yanks are not very keen of what they call crimes of moral turpitude.

[Rollo]

Why go to a country if that country does not want you in their country?

[Meridianman]

I think the last chap is correct in the treatment you receive but given they won't know unless you tell them I don't see how it will suddenly 'be spotted'.