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

[Puzzledandpissedoff]

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)

She could get the visa if drug related. Each case is looked at differently.

Lying on the form, to get the US visa, will result in her panicking during the whole of her honeymoon surely?

The US is one of those countries it really isn’t worth lying to get into. We do share files with the US border police on request and I have been stopped for hours while they do that- just because they can. I’ve lived in the US and travelled there a lot and it still bloody happens. I’ve never had a criminal record. I’m going for work in the summer and dreading the bloody airport shenanigans. If she lies and gets caught she’ll never be going back or worse she’ll get into trouble there. Not. Worth. It.

It was driving without a license

A
Friends moped

She had previously been to US 10 years previous but now the computers are in it flagged up.

She had forgotten about it. 48 hours later they appeared on doorstep 6 grand wasted and exhausted.

My DH got racially attacked about 10 years ago and when he hit back to defend himself, picked up a conviction for common assault. He got community service

We travelled to the US 3 years ago, and before applying for his ESTA we did loads of research about whether he could answer the questions without technically lying given the nature of his crime. We even emailed and spoke with the customs and border agency in the state we were visiting (who said to just ask our local Embassy).

In the end we spoke to a lawyer in London specialising in US immigration, she reviewed his conviction details and gave us advice that she thought it would be fine. She wrote up an excellent declaration for us to take with us explaining why she believed that legally we would not be lying on the EST, and she broke down the definitions of what they ask for, referencing actual cases in US courts and the legal interpretation of “moral turpitude”, the difference between common assault vs serious assault etc

DH didn’t get stopped or questioned at all, but if he did then we felt absolutely confident having that document with us so that they could see we paid money to gather a strong legal opinion to support his application.

Definitely declare it - my dh has a record from 26 yrs ago and was refused a ESTA. Went for an interview at the US Embassy and was refused. He was told he can apply for a different type of visa but it would take at least six months and not to book travel until it had been approved. We had twice travelled to America and lied about it but the rules have now changed and you have to declare anything..

A friend was falsely a caused of a crime and arrested and charged. A few months on the true story came out, the true culprit was arrested, charged and sentenced and charges were dropped against her. A year later she was planning a trip to the USA, completed the visa waiver saying she had no convictions and she was refused as the police records relating to the crime had not been expunged, updated or whatever needed to be done and she had a very anxious time getting it all sorted. Luckily the police were helpful but the US embassy were not initially helpful as they were convinced she was a lying criminal.
Personally she needs to be honest and follow the correct procedures - be honest.

If she's determined to falsify her ESTA application, suggest she travels via Dublin and does her immigration there. Only an hour home if she gets deported.

I always go via Dublin if possible. The Immigration people there have better manners than on their home turf - human nature at work - and you arrive domestic.

Your cousin’s dd sounds like hard work anyway, suspended sentence for injuring a government employee, but if you mention potential visa issues goes nuts?? Sounds delightful! I’m answer to your OP, if she gets checked and found out lying, she will be sent packing and could end up with a lifetime ban. I don’t really get this bull headed determination to go to SAN Fran for the honeymoon either? There are so many beautiful places to go, why specifically choose one where you’d have to lie and get into more legal trouble?? There’s something unfathomably weird and defiant about that. Maybe because everyone goes nuts if the conviction is discussed, she feels that she can do what she wants and to help with the consequences. My own stories of US immigration aren’t inspiring TBH. Stopped for hours at a land border wayyyy back maybe 15 years ago and was kept for hours in a small room while they checked out who even knows what. I’d given them all onward info so perhaps they were checking where I’d been and where I was going. I’ve come and gone a few times in between with no issues, then a few years ago on a girls trip to NY I was the only one out of x6 to be stopped and checked over and again put in a bloody weird little scary room. One woman who was frisking me mentioned strip searching sometimes being necessary, and I said well listen I’m having the period from hell so feel free. They did who knows what background checks and seemed to think better of the strip search! Took ages and all my friends were waiting outside like WTF was that about and why only you? I was the only one who had lots of stamps from other far flung countries in my passport so maybe that?

why specifically choose one where you’d have to lie and get into more legal trouble?? There’s something unfathomably weird and defiant about that

You've just summed her up in a sentence. This is why I'm trying to avoid getting involved - even though Andrew's idea of going via Dublin is a very good one, I'm hesitant to suggest it for fear of getting my head bitten off

As mentioned, I'm genuinely asking for my own interest now ...

The Government official she assaulted wasn't a customs & immigration officer by any chance?

I have friends who had serious ie 10+ year prison sentences for conspiracy to supply class A drugs who regularly travelled to USA whilst on parole.

I have no idea whether they declared their offences but they certainly had no problems whatsoever.

Having read all the thread, it sounds as if she wouldn't be eligible to travel on a waiver, but to be honest not sure how likely shed be to get a visa with an assault on a government official - America is very hot on respect for authority and they wouldn't believe 'I was set up' protestations. Is the honeymoon booked already?

She needs to weigh up the risk on a probability/consequence basis. is she willing to risk going on the ESTA, getting sent back, lifetime ban, losing what she paid (low risk possibly but severe consequences). Apply for a visa, get turned down, losing what she paid (medium risk, medium consequences). Apply for a visa, see if she gets it, then book the honeymoon, go somewhere else is she doesn't get it (medium risk, low consequences).

I would worry more about the insurance to be honest- if there's an accident and it comes out that she's there illegally would they pay out?

I wouldn't lie. I looked into it last year as was thinking of possibly going to the US last year as dh is a musician and was on tour. I'm 53 but got caught with a bit of hash at 17 coming back from Amsterdam. I have to apply for a visa but first had to apply to the police for a copy of the certificate for when I got done which took a couple of months to come and expires after a few months. Long long process . After getting the police certificate i thought bolloks to all this. I've been to the US a fair few times and don't even particularly like it 😁😂

DH had a conviction for careless driving about10 years ago. To be able to go to the States a couple of years later he needed to apply for a visa at the U.S. Embassy in London. He got it without problems (it was valid for 10 years). We assume he would need to apply for a visa again if he wants to go to USA in the future.

The Government official she assaulted wasn't a customs & immigration officer by any chance?

No it wasn't I might as well say it since it's probably not that unusual and not outing on its own... the official she assaulted and injured was a policeman

And no, AFAIK the honeymoon's not booked yet, so I can only hope she develops a bit of sense before doing it