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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:
19lottie82 · 12/05/2018 15:10

Any of this could mean her name is put
the system

Which isn’t linked to any criminal databases outside the USA.

lifechangesforever · 12/05/2018 15:22

She would be really silly to not declare it. She needs to do her ESTA asap and answer the questions truthfully. If she is declined then she will go down the visa route (hopefully she has plenty of time before the honeymoon!).

There has definitely been cases of people being turned around and sent home.

SilverHairedCat · 12/05/2018 15:25

This is exactly why we ended up going directly to the Caribbean for our honeymoon - couldn't be arsed with the time and expense of getting a visa in London when we live many hours travel away.

She's a fool to risk it - the consequences would be a lifetime ban from the USA. Gray start to married life....

qwertyuiopy · 12/05/2018 15:27

19lottie82 The USA doesn't have mass access (or so they say!) but they can access any individual via Interpol. THAT is what they would use if the person was from overseas. Putting a foreigners name in their own system would show next to nothing so why would they do that lol?!

lljkk · 12/05/2018 15:52

I think 25% of all U.K. males have some sort of criminal record?

40% of males & 25% of females, iirc.

Semster · 12/05/2018 16:00

The advantage of not mentioning it on her ESTA is that it'll make life easier in the short run if all goes well at immigration for her (which it probably will).

The disadvantage is that US immigration hates lying, and punishes it far more than the original crime would usually warrant.

So if they do find out she lied on an ESTA application she may well not be allowed into the country, and she will struggle to get into the country in future - she will have to go through secondary immigration every time, and there is a real risk they will not let her in.

It also depends on what you mean by 'government employee'. The US authorities are extremely protective of police forces especially - if she attacked a police officer then they would take a very very dim view.

VodkaKnockers · 12/05/2018 16:59

The second question on the ESTA is:

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

Answering any of the questions with a Yes is an automatic decline and ahe would nees ro apply for a Visa which can take anything up to 9mths.

Lying on an ESTA is a big no no and would result in a lifetime ban from the US.

Checks do get carried out via Interpol and there has been several reports of people being either refused to boarding in UK or being turned away in the US.

It's not worth it.

If she wants any advice, she would best to contact CBP who are Customs and Border. The embassy aren't not best to ask it's not their decision, it's CBP.

Original poster
Puzzledandpissedoff · 12/05/2018 17:04

Okay, so it seems they could certainly check if they want to but won't know automatically; in other words, she'd have do something to raise their suspicions before they'd dig deeper?

I've no idea if she knows this - as I said, I won't be raising it again - so can only hope it works out okay. It's not a risk I'd want to take, but then I hope I wouldn't have got the conviction in the first place

Thanks for all the information, everyone Flowers

OP posts:
lljkk · 12/05/2018 18:26

I would not have known that so many MNers thought a life-time ban to travel to USA was so important to avoid.

madeyemoodysmum · 12/05/2018 18:30

No no no. My mum got to Florida in her 50s and both her and my dad got sent back because she has a driving offence from when she was in her 20's.

Don't ever risk this for the US.

Original poster
Puzzledandpissedoff · 12/05/2018 19:20

My mum got to Florida in her 50s and both her and my dad got sent back because she has a driving offence from when she was in her 20's

I thought driving offences didn't count?? Shock

OP posts:
Andrewofgg · 12/05/2018 19:40

DW was convicted of careless driving at age 18 and about twenty years later paid the first of many trips to the USA without admitting it and without problems - but I would not risk it now. Too many computers talking to too many databases talking to too many computers . . .

Do ESTA and if it says no, go the visa route, cost what it may, then it’s done for life.

Smallhorse · 12/05/2018 19:41

What was the driving offence? Did she steal a car and kill someone with it?

qwertyuiopy · 12/05/2018 19:45

in other words, she'd have do something to raise their suspicions before they'd dig deeper?

No! As I and another poster mentioned, we were stopped on random searches. Nothing suspicious. Friend was evacuated from a hotel due to a (false) terrorist threat and everyone was questioned and detained. Nothing suspicious, just on holiday.

This is Trump's America. Anyone would be a fool to try and sneak in with a conviction.

Original poster
Puzzledandpissedoff · 12/05/2018 19:51

As I and another poster mentioned, we were stopped on random searches. Nothing suspicious

Ah - I see what you mean; apologies if I misunderstood. So it appears they may do "spot checks" as well ... or maybe there was some profiling going on, and although innocent you somehow fitted the description?

The chances of being stopped might still be small, but I wouldn't be risking it myself, that's for sure. There are so many other places to go and it beats me why she doesn't just pick one of those instead ...

OP posts:
qwertyuiopy · 12/05/2018 19:59

*"...although innocent you somehow fitted the description?"

Nope. They needed so many people that day and it just happened to be us because the flight was half empty. They admitted it. And the chances of getting stopped from that flight weren't small at all because there were hardly any passengers on it.

qwertyuiopy · 12/05/2018 20:01

Regardless, I actually don't believe that they don't have access to info. Too many people get stopped that need to be stopped... Trump!

Bluball · 12/05/2018 20:11

Out of curiosity, could anyone enlighten me on my situation?

Around 22 years ago I bumped my car into the back of the car in front. Police happened to be passing at the time and stopped. I was then arrested for driving without due care and attention.

Few weeks later I received a court summons for the said offence, but then I was offered a driving awareness course also. If I agreed to attend the course, all other actions would be dropped. I did the course and that was that.

I've since had DBS for work which have all come back as clear. (Nobody was hurt or injured in the bump for what it's worth).

Would I have to declare anything if I went to USA?

Original poster
Puzzledandpissedoff · 12/05/2018 20:24

They needed so many people that day and it just happened to be us because the flight was half empty. They admitted it

That sounds really disturbing TBH - though I suppose if they told you why they were doing it, at least it saved you a bit of worry around what the heck was happening?

OP posts:
19lottie82 · 12/05/2018 20:27

Personally, I wouldn’t declare
It, but when you apply for an ESTA it asks you if you’ve ever been arrested.

qwertyuiopy · 12/05/2018 20:28

Bluball

"If you have a minor traffic offence which did not result in an arrest/conviction you may travel visa free in the United States."

motoroffence.co.uk/entry-denied-how-a-criminal-conviction-can-affect-your-travel-plans/

qwertyuiopy · 12/05/2018 20:32

Puzzledandpissedoff "That sounds really disturbing TBH - though I suppose if they told you why they were doing it, at least it saved you a bit of worry around what the heck was happening?"

We weren't worried at all. At the time we travelled to the States about once every couple of months, it was bound to happen sooner or later! I was just tired and wanted to get to the hotel. But they were friendly and honest and apologetic.

Bluball · 12/05/2018 20:36

So I'd have to declare it then as it resulted in an arrest Sad

Seems harsh considering I'd shunted someone. Damn it!

Original poster
Puzzledandpissedoff · 12/05/2018 20:40

But they were friendly and honest and apologetic

That always helps Smile I've only ever been stopped myself when I forgot to put my first-night-hotel's full address; since it was right at the airport I didn't realise I had to, which was perhaps foolish

I apologised, though, and the nice guy at the desk actually did it for me in the end

OP posts:
Ticketsfrom · 12/05/2018 20:47

Risky, you get refused once you're buggered. She gets caught lying on the ESTA she's sent home immediately and can forget about ever going to the USA again. Depending on what the crime was and when it was she could try getting a visa, that way you're up front and if you get it, no probs. BUT if it was drug related in anyway, she won't be getting in.
I think you need to stay out of it, she seems aware of the risk. The risk being deported at the beginning of her honeymoon without setting foot out of the airport, in handcuffs. And if she thinks being on honeymoon is going to gain any sympathy with US Immigration she's being naive, they treat EVERYONE with suspicion, ( me included and I'm married to an American and can legally come and go as I please in theory) they start with the assumption everyone is trying to sneak into illegally to their country and it's up to you to prove that you're not.

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