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Original poster

To ask about a US Visa when there's a criminal record

92 replies

Puzzledandpissedoff · 12/05/2018 13:26

Posting here for traffic and with some minor details changed to avoid outing - hope nobody minds

My cousin's daughter is currently planning a San Francisco honeymoon and has a record involving a 2 year suspended sentence which she got in another EU country - she's British but the crime happened on holiday. For context, she insists she was stitched up and won't be declaring it when applying for an ESTA

I've got horrible visions of the newlyweds being turned away at immigration, and while in many ways it's none of my my business, it would certainly cause a family wide row which would rumble on for ages (but which I'll aim to keep out of). I did once ask - very gently - if they'd considered possible issues, got my head bitten off and certainly don't intend to raise it again

But please does anyone know if a conviction in a different EU country to your own would be a problem for the Americans? I won't be passing on any info either way, but I'm now genuinely curious as to how it works (and the US websites are as clear as mud)

OP posts:
maggiecate · 12/05/2018 13:39

www.nacro.org.uk/resettlement-advice-service/support-for-individuals/travelling-abroad-and-immigration-to-the-uk/declaring-your-criminal-record-when-travelling-to-specific-countries/the-united-states/

Some info here - I don't think where the crime was committed makes any difference, it's all 'abroad' as far as America is concerned..

qwertyuiopy · 12/05/2018 13:42

She is best to get a waiver, seriously. It would be awful to be turned away on her honeymoon. Or choose somewhere else to go.

2 year suspended sentence is quite a serious conviction.

Why does she think she won't get caught/stopped? She will!

Stopitjuststopit2018 · 12/05/2018 13:42

What’s the nature of the crime. The questions on the ESTA declaration used to be ambiguous - it used to ask if it was a crime of “moral turpitude”, which by its definition many crimes don’t fall into and so she may not be declaring anything inaccurate

qwertyuiopy · 12/05/2018 13:44

www.express.co.uk/travel/articles/703432/criminal-record-us-america-united-states-arrested-declare-on-esta-form

Basically she will be lying on her ESTA form and that is a criminal offence.

Yalloww · 12/05/2018 13:45

I read somewhere that there is no mutual database of crime information between the UK and the USA so unless they actively seek to search her up it will go unnoticed. It won't automatically flag up.

Like I said, I read it (on here funnily enough) so no idea if it's true or not! Apparently loads of people don't declare their crimes when traveling to the USA.

sonjadog · 12/05/2018 13:46

She is really stupid to lie on it. She should apply properly.

Storm4star · 12/05/2018 13:46

I’d say be very careful and she should be 100% sure before she goes. I have no criminal record yet still got marched off to another room while trying to go through passport control in America. They kept me waiting for ages and eventually let me go, but it was a frightening experience. A male friend of mine had the same experience but he argued with them as to why they were doing it, and he ended up in handcuffs! They don’t mess around there!

sonjadog · 12/05/2018 13:48

You would have to be an idiot to argue at immigration in USA. I never understand why people do it. It is a guaranteed way to make the whole process difficult for yourself.

GladAllOver · 12/05/2018 13:48

As pp has said, it doesn’t matter where the conviction was or whether you actually committed the offence.
The very last thing you want is to be stopped at the gate, because you will then have a permanent ban for not having declared the offence.
Either declare it now and get it cleared, or go somewhere else. Plenty of other great destinations!

Tartyflette · 12/05/2018 13:48

How long ago was the crime committed?
I know someone who had a criminal conviction as a juvenile and it is now 'spent'.
They did not include it on the visa waiver /esta and have never been stopped going into the U.S.

qwertyuiopy · 12/05/2018 13:49

They don't have access to the police database per se, but can request info on individuals, that's why they can keep you for hours in a room while they are waiting!

Plus if anything happened whilst over there where her details came up, she would be in serious shit.

expatinscotland · 12/05/2018 13:49

She is very foolish to lie on an ESTA form.

troodiedoo · 12/05/2018 13:49

They don't fuck about. I wouldn't risk it. An 11 hour flight is going to seem even longer with the worry of getting in or not.

ohfortuna · 12/05/2018 13:49

Seems risky to take a chance on that one

lljkk · 12/05/2018 13:50

How would her lie get caught, do Americans have a highly automated system for tracking these things about all foreigners? I bet not.

Storm4star · 12/05/2018 13:53

They don't have access to the police database per se, but can request info on individuals, that's why they can keep you for hours in a room while they are waiting

Ah so that’s why they left me waiting there so long! I was terrified and I knew I hadn’t done anything wrong! No way would I have wanted to be in that situation knowing that there was an issue!

I’ll also say OP, that when this happened to me I was travelling with my then 12 year old DD. Just a mum and her daughter, nothing obviously suspicious about us. So it wasn’t like they had any reason to single me out.

ohfortuna · 12/05/2018 13:53

I think the chances are getting caught are low but the consequences of getting caught are bad
I suppose it depends on her appetite for risk and the fact that she has a conviction in the first place suggests she might be a bit of a risk taker?

myfriendbob · 12/05/2018 13:54

How would it cause a family row? Who with and what about? Confused

daisychain01 · 12/05/2018 13:55

The point of departure is to always tell the truth. It doesn't matter that the person 'might not get caught' on the basis that the authorities are unlikely to pick out that person's application.

It's about doing the right thing, because whenever asked a key question on an official form - be it for a visa, insurance, job application, whatever - you should always be truthful and let the authorities act of the information given. Withholding facts or distorting the truth is never worth it.

ohfortuna · 12/05/2018 13:55

I'm assuming the conviction is the some sort of drugs offence while she was on holiday I don't think the Americans look too kindly on that sort of thing

qwertyuiopy · 12/05/2018 13:56

Storm4star Was it just a random check do you think?

DH and I were stopped once and the guy admitted they needed to fulfill their quota and we looked "easy" in that we had one suitcase between us and were "polite Brits" lol!

daisychain01 · 12/05/2018 13:56

...act on that should say.

daisychain01 · 12/05/2018 13:57

If it's a drug offence then yes that's a big deal in US

Pippylou · 12/05/2018 13:57

It was a long time ago but I think when we landed in the US, they had people at the airport, just before you got to security telling you not to piss about with the TSA guys.

Not a risk I'd take personally. The question I would ask myself is would I want to be arrested in wherever? The answer is usually no. :-)

qwertyuiopy · 12/05/2018 13:58

And it's so silly when the alternative isn't a NO you can't get in, the alternative is to ask for a waiver. And even if that is refused this time she can apply again at a later date. If she goes and gets caught she is in serious international trouble.