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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Prison record & travel to USA

61 replies

TheFirstOrangeLeavesofAutumn · 14/09/2024 15:02

My brother & his young family are going to the USA for a once in a lifetime special holiday.

Over 25 years ago as an idiotic teen he spent a couple of years in prison for drugs offences (not dealing).

He is very remorseful, has cleaned up and done well, but AIBU to think he won't be let into the USA as he has a criminal record?

I am due to see him next weekend and want to raise it with him privately and would like the facts. Google is sending me down all sorts of rabbit holes!

OP posts:
Aduvetday · 14/09/2024 16:40

shuffleofftobuffalo · 14/09/2024 16:06

He is unlikely to get a visa with a criminal record, whatever it was for. Particularly unlikely if it's drugs or violence related. US immigration is v tough and drugs convictions are pretty much a blanket ineligibility criteria regardless of time since or remorsefulness.

Hopefully he's not booked already, but I bet he has and thinks it will all be fine. He'd be well advised not to lie on the ESTA either as they have ways and means of finding out these things.

This. Drugs offences are a no, drug offences which required a long stay at HMP. I’d comfortably bet he won’t get a visa. Either way he needs to apply sooner rather than later. What he shouldn’t do is lie on the ESTA and they find out on the background checks before the flight lands using API. Then he’s in real trouble.

Doggymummar · 14/09/2024 16:43

Missingpotatocroquettes · 14/09/2024 15:54

What did they end up doing? Just out of curiosity!

Edited
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Moved to the UK instead

Bestyearever2024 · 14/09/2024 16:43

Very quick Google indicates that he will be denied entry on any type of visa

He could give it a go, but it doesn't look likely

Catandsquirrel · 14/09/2024 16:48

He's probably going to have to apply for a waiver and visa even if under.18 at the time as I don't believe the US write off youth offences for visa purposes. I wouldn't have thought it was a definite no but may be worth a call to the embassy for an idea of how the policy looks if possible. I hope he hasn't booked as the queues can be lengthy. No idea if there is any way to expedite the decision

Vatqueenquestion · 14/09/2024 16:50

Just a question.
How about lying on the ESTA?
Do they check? I doubt systems are easy to cross reference. I think it worked for PH.

worryworrysuperscurry · 14/09/2024 16:54

I got a visa with a historical caution for possession of cannabis, more than 30 years previously. It was a lengthy, stressful process though. I applied for an appointment at the embassy, travelling to London from the north of England. I think the wait time for an appointment was about a month.
At the embassy, I waited for five hours, then had my "interview" - no privacy, bored looking woman asked me loudly in earshot of other people if I still had a drug problem - what a ludicrous question to ask, no one is going to say yes, and to prove no you'd need a blood test. After another hour wait I was told "we are unable to grant you a visa at this time". This is after I had been told by numerous sources that it wouldn't be a problem.
I went away, resigned to not getting married in New York, very upset (I was in tears). Three days later I receive an email asking me to take my passport to a courier service to send to the embassy, and they then issued me a ten year visa!
So yes, it is possible to get in with a drugs offence. But a custodial offence is a whole other level I think, and it's doubtful he'd get in. Also, the appointment for the visa is nearly £200 (2018 price) and you don't get that back if you're refused a visa.

Uniqueusername2 · 14/09/2024 17:02

I don’t think they had electronic records back then. I’d say it’s pretty unlikely they would know if he doesn’t mention it.

thedefinitionofmadness · 14/09/2024 17:07

This isn't necessarily completely helpful but I once went to New York on a work trip that also included Bez from The Happy Mondays (and gogglebox) in our party. Bez wasn't allowed in and had to fly home again.

Tell him not to be Bez.

headstone · 14/09/2024 17:08

I expect he’s just going to lie. What are the consequences if they find out ? Presumably they just will just send him straight back? This is what he needs to know really.

LlynTegid · 14/09/2024 17:08

thedefinitionofmadness · 14/09/2024 17:07

This isn't necessarily completely helpful but I once went to New York on a work trip that also included Bez from The Happy Mondays (and gogglebox) in our party. Bez wasn't allowed in and had to fly home again.

Tell him not to be Bez.

Has Bez ever been convicted although his autobiography would be enough proof?

thedefinitionofmadness · 14/09/2024 17:16

LlynTegid · 14/09/2024 17:08

Has Bez ever been convicted although his autobiography would be enough proof?

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I don't know but drug history was cited. It was quite a long time ago.

But I would say v high risk for OP's brother without VISA - and could be heartbreaking if its the Disney thing

Dotjones · 14/09/2024 17:20

He needs to contact the US embassy and apply for a Visa. They might give him one but probably won't. Either way it's better to know before travel and not get turned back after flying out there and queueing at immigration.

Squeezetheday · 14/09/2024 17:25

Vatqueenquestion · 14/09/2024 16:50

Just a question.
How about lying on the ESTA?
Do they check? I doubt systems are easy to cross reference. I think it worked for PH.

Really?? Yes they can request the information from interpol but why would you lie and risk being further imprisoned in the US while you await deportation 🙄

if it’s prince harry you are referring to, he never got a conviction and has sufficient money to get a green card…

Squeezetheday · 14/09/2024 17:26

CandidHedgehog · 14/09/2024 15:49

Travel insurance doesn’t cover visa refusal - or at least, I’ve never seen any that does.

Show quote history

Ahh ok, yes good point! I would guess a conviction may be something you would have to look at on any policy

Catandsquirrel · 14/09/2024 17:27

headstone · 14/09/2024 17:08

I expect he’s just going to lie. What are the consequences if they find out ? Presumably they just will just send him straight back? This is what he needs to know really.

That would be a much worse idea. It could affect future attempts to enter the US or other countries if caught against electronic records. OP, please don't advise your brother to lie.

Sammyspurs · 14/09/2024 17:43

He needs to apply for a visa- not an esta. Get him to apply now as the wait time to even get an appointment is very long. Good luck!

MintyNew · 14/09/2024 17:45

How is he going? Have they planned and paid for the trip?

And 'years' for something minor? That doesn't sound right.

Delphiniumandlupins · 14/09/2024 17:51

Before even thinking about brazening it out I would want to know the consequences of getting caught. (I know someone who thought they would outstay their visa and just leave when they got found out. Turns out they don't just let you live free, or even put you on the next plane. Spent a very unpleasant time in a US jail until loaded, manacled, onto a flight.)

Elphamouche · 14/09/2024 17:59

Without Getting into the rights and wrongs and opinions of people who are convinced for crimes when they’re younger, it is such a shame that no one realises how much of an impact something you did in your teens will have on your life.

He will need to apply for a Visa and definitely not an ESTA, it’s not worth lying.

MelvinThePenguin · 14/09/2024 18:01

Even an arrest (with no caution or conviction) requires a visa application rather than an ESTA. My family member is having to apply for the time he got a bit mouthy with a policeman when a little worse for wear (drink not drugs) c.15 years ago. No charges. I am crossing my fingers so hard for him.

OhmygodDont · 14/09/2024 18:04

Depending on his age when he was convicted would it not possibly be considered spent?

Do spent convictions still need to be declared.

Kago2790 · 14/09/2024 18:08

2 years in prison for drugs but not dealing? What was it for? Smuggling?

TerfTalking · 14/09/2024 18:11

OhmygodDont · 14/09/2024 18:04

Depending on his age when he was convicted would it not possibly be considered spent?

Do spent convictions still need to be declared.

Yes

RadioWhatsNew · 14/09/2024 18:12

OhmygodDont · 14/09/2024 18:04

Depending on his age when he was convicted would it not possibly be considered spent?

Do spent convictions still need to be declared.

No convictions are considered spent for the purposes of getting either an ESTA or Visa to the USA and many other counties. You still need to declare them regardless of the crime or how long ago it was.

JennieTheZebra · 14/09/2024 18:15

@MelvinThePenguin If nothing ever came of it (ie no crime), he should apply for it to be deleted from the police national database. It’s fairly straightforward and means he’ll be able to get an ESTA in the future as there’s no record of the arrest. https://www.acro.police.uk/s/acro-services/record-deletion

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