To not even book a trip to the USA because of spent convictions?

[streetface]

We have been planning a large family holiday to USA but one of the party has spent criminal convictions for carrying a weapon, drugs and violence dating back to teens and twenties. In forties now, model citizen, hard working lovely family man but I have a feeling that all of that will be irrelevant and he will be denied entry?

I don't think it is worth taking the risk spending thousands on a holiday to be turfed away last minute. He won't get his money back either will he?

"there's two in America, wouldnt have asked otherwise. Obvs."

Well blow me down with a feather. I had no idea. My apologies!!

Don't risk lying to get a visa. If they catch him, he'll be banned permanently. Don't assume they won't know either. A friend of mine's brother got stopped and, as he had a minor drug conviction, they not only denied him entry, but made it pretty unpleasant for the whole party.

Anatidea how does that work? Once he's in the US unchallenged how would anyone find out he had an undeclared criminal conviction by him making a medical insurance claim?

I get what you're saying Jax however, if they aren't gonna let you in 20 years after spent convictions then you're never gonna be allowed in anyway.

Don't do it - imagine one of you is injured or sick and you can't access treatment because your insurance is invalidated.

It's sounds like you've already made your mind up - but please do think about the risks of being uninsured in the USA

Insurance wouldn't be void.

You're not making any sense Benjamin. Why would she need to declare a post on social
Media that's completely anonymous and about someone else?

No one would be declaring anything anywhere. The US are worried about who is entering their country. If the voluntary social media request becomes compulsory then posts like these could be flagged as they do background checks to decide whether or not to allow entry. It's really not that difficult.

We went through this 4 years ago. I got married in the US, my brother has convictions (drugs). Don't lie on the ESTA form. It simply isn't worth it. He risks being detained on arrival and being banned for life. He needs to apply for a visa the correct route, through the US Embassy in London. Lots of criminals details are held by Homeland Security - you're crazy for even considering this.

Well, yes, there is always a chance of being refused even with a visa obtained honestly .

Thems the breaks, as I believe some say. Not all mistakes can be wiped.

@benjamin

DUDE FOR CRYING OUT LOUD

Re read what you have said. It really doesn't make sense

Well person is injured, authorities back home are contacted for medical records/details of past treatments etc... oh look there's that broken jaw sustained in a fight, Ello ello let's have a look at that... us medical insurance companies put inspector morse to shame. They are remorseless in looking for reasons to deny claims.

While I'm sure the NHS isn't exactly the gatekeeper for criminal records, it seems foolish to lie. The risk of getting caught is low but risk isn't just about the likelihood of something happening, it's about the magnitude of repercussion if it does.

Potential repercussions: denial of medical treatment
Deportation at his own expense
Impact on the rest of you if you can be shown to have known.

An ESTA doesn't guarantee you entry. Homeland security have teeth - friends and colleagues of mine have been detained and questioned by them while travelling for work - these are two 110lb nerdy looking female white academics.

It's worth reading this guidance too:

hub.unlock.org.uk/knowledgebase/travelling-america-usa/#donttell

This is a fairly common question apparently.

Speaking as an insurance broker, this wouldn't be a reason to invalidate your insurance. Your visa and health ins are not linked in anyway shape or form.

Really, lennielala? If he's in the country illegally, surely that would void a travel insurance policy? I'm not a lawyer... it just seems like a really unwise thing to do.

Op, do it via the embassy. It may all be fine. But I'd not risk it the other way.

I think it's Shannon airport that lets you do the U.S. immigration stuff, not Dublin.

Dublin and Shannon airports offer it. It doesn't give you much of an advantage though; you go through the same process as you would in America, and it's carried out by American CBP officers.

"Well person is injured, authorities back home are contacted for medical records/details of past treatments etc... oh look there's that broken jaw sustained in a fight, Ello ello let's have a look at that... us medical insurance companies put inspector morse to shame. They are remorseless in looking for reasons to deny claims. "

That's not going to happen is it? Anyway lennielala works in insurance and posted above that insurance wouldn't be voided by lying about past convictions

Benjamin- here's what's hard to understand. Homeland security do a social media search on OP when she applies for her ESTA.

How do they find this thread?

Streetface - the point around visa not guaranteeing entry is a pretty standard caveat. At the end of the day it sounds like your mate has turned his life around. That's no easy thing so full kudos - but if going on the holiday of a lifetime do any of you really want the stress of knowing this could be picked up if you lie on the esta? What if you're involved in a minor car accident and you need to complete forms? It'd be picked up then. Even with an Esta you're not guaranteed entry. It's just a waiver that can (and I have seeen it personally happen) rescinded at any time for a variety of reasons not through the individuals fault. Not very relaxing if you ask me. Getting the visa is the safer (and legal) option otherwise you are taking an utterly unnecessary risk which he will need to keep up for the rest of his life when wanting to enter the US. I would just like to add to everyone who thinks it's okay to lie on this form - make yourself very familiar with US law cos I assure you the US gvmt takes an EXCEPTIONALLY serious view of lying on their official legal documentation. I'm not endorsing or saying I agree necessarily with the US' laws or views but i feel i need to make you (and others) aware of the sheer stupidity and seriousness of lying on governmental documentation to illegally enter (cos that's what you'll be regarded as) the US.

When setting up travel ins, you answer medical questions, it goes to the underwriters. Say you say "I don't have any health issues" and it turns out you actually had diabetes and then had an issue with your diabetes over there, then it wouldn't paid out because you lied. However when making a claim based on health it wouldn't look to see if you'd lied on your ESTA especially when you're already in the country. Insurance companies don't have access to this information. Now your travel insurance wouldn't cover costs of you returning to UK upon refusal of entry due to deception.

"What if you're involved in a minor car accident and you need to complete forms? It'd be picked up then. "

How?

The embassy has stated, as I said earlier, granting a visa does NOT guarantee entry. A border official can refuse you. Once they see the offences you have owned up to they are likely to refuse you IRRESPECTIVE of owning up.

I think you've misunderstood: being granted ANY kind of visa, with or without criminal convictions involved, does not guarantee entry to the USA. Neither does having a green card, although you have more legal rights, including the right to be seen by an immigration judge.

The only people who are 100% guaranteed entry are USA citizens.

If your friend applies for a B visa (tourist visa) and declares the convictions, he may be initially denied the visa and have to apply for a waiver of inadmissability to get it. Or he may be granted the visa, after an interview at the embassy, at which he should stress how much his life has changed since the historic convictions, demonstrate clear regret for his actions, and generally give a sterling impression.

If the London embassy staff grant him the B visa, it will show US immigration staff at the point of entry (airport) that his convictions have been properly assessed and he's been deemed to show good character and be no present threat. YES - he may still be denied entry, as might anyone who tries to visit the US. He may have to go to secondary for extra questions, given the serious (in US immigration terms) nature of his convictions. But the London embassy staff won't just casually issue him a visa, assuming the airport immigration officials will properly deal with the issue. He'll have been thoroughly screened, and immigration officials will bear this in mind when they decide whether to actually let him enter. It's by no means a foregone conclusion, or even especially likely, that someone who has declared all convictions and been granted a valid B visa will be denied entry.

This isn't an 'oh, they'll never ever let him in even if he does everything right' situation. I echo a previous poster's advice: check out the US section of the British Expats forum. There's no point getting into an emotive debate about judginess and whether a person can change: none of that is relevant to the actual legalities of US immigration.

He can do what he wants, but it's illegal to misrepresent yourself on an immigration document, he does have other options, and there are potentially serious consequences to consider.

The penalty for lying on the documentation can be ten years in jail.
Don't risk it. It's taken very seriously by immigration.

Interesting it wouldn't invalidate the insurance! I'd assumed it would 😊

It sounds like you've made your mind up already. Interesting split on the thread between those who think it's wrong and those who see the law as optional if the chances of getting caught are low.

BS utter BS

If you are in a crash and you are there "illegally" then they still have to treat you wether their are funds available or not. That is American law btw!

Trust me. I know my stuff when it comes to this your Heath side of the ins wouldn't be void unless you you lied about an underlying medical issue

Lying on what documentation is 10
Years? The ESTA?

But treating isn't necessarily treating like we see it in the uk. All us hospitals have an obligation to stabilise an emergency patient. They do not then have to provide non lifesaving treatment.

Beside the point if your insurance would cover it, mind. Interesting to see it's not affected.

Anyhoo: from the link given by a post above :

The Immigration and Nationality Act – Sec. 275. [8 U.S.C. 1325] – Entry of alien at improper time or place; misrepresentation and concealment of facts – Maximum 2 years in prison
U.S. Code Title 18, Part 1, Chapter 75, Section 1546 – Fraud and misuse of visas, permits, and other documents – Maximum 10 years in prison

So yes, lying on the esta could potentially give you a ten stretch.

The law is pretty clear. I'm joining up my judgey pants here I know, but he'd be knowingly breaking the law. That's wrong. It's not optional because the chances of getting caught are low. The chances of burglars getting nicked are low but it's still wrong for them to break into your house.

All credit to your family member for turning his life around, but the fact remains that he committed some serious offences and if he really is wanting to keep his nose clean why on earth would he commit a further offence by lying?

The penalty for lying on the documentation can be ten years in jail.

I don't think so. Wilful misreprentation to gain entry, including failure to disclose convictions, is usually a lifetime ban from the US and speedy removal.