Entry to US with GBH conviction?

[Ollym]

I'd like to visit america with my partner, but he's concerned about not being allowed in due to a 20yr old GBH conviction which he spent time in prison for (a few weeks). (It sounds awful but he had a difficult teenhood in a bad area and what happened was actually self defence - it's blighted his life ever since tho!).

Not exactly sure where to start googling what keeps you out of america for holiday purposes so thought I'd shortcut and ask mumsnet .

I think the only way to know for certain is to apply for the visa. There’s good advice on this page - hub.unlock.org.uk/knowledgebase/travelling-america-usa/

tissuesosoft-I think the only way to know for certain is to apply for the visa. There’s good advice on this page - hub.unlock.org.uk/knowledgebase/travelling-america-usa/

Crikey re the link.
Didn't realise it's so strict after you declare a criminal record on the application. It's quite expensive as well (travelling to the London embassy for an interview as well as the fees)

And I think the visa is only so you can fly into the USA, you can still be turned away going through Passport Control once you land

To travel to US from UK you need to complete an ESTA which is part of the visa waiver program, make sure you follow an official link from the uk government website then you will only pay the minimum amount - there are lots of other websites charging more. The esta takes 72 hours to give you a decision....approved/denied

I suspect thats your best bet, sooner rather than later

Oh Unlock don’t do visa applications- they are a national charity who work with people who have criminal records, kind of like CAB

wowza....this is incredible, especially for the country where people freely walk about with guns etc!?

Ok so firstly, you can’t own a gun if you’ve been convicted of a felony, which would be the equivalent of your partner’s convinction. But not sure what that has to do with anything.

Regarding him travelling to the US, his criminal record makes him ineligible for the visa waiver program (ESTA). He would need to apply for a visa via the US embassy in London. However, this will be very expensive, very time consuming and given his criminal convinction is violent in nature I don’t think there’s much chance his application will be successful. But if you do decide you want to look into it further, he would need a B-2 visa and information can be found here:
uk.usembassy.gov/visas/tourism-visitor/

I don't know this to be the case here, however a spent conviction should not be declared in the U.K. Insurance companies ask these questions and legally you do not have to declare. Check what the legal position is before spilling your guts about anything.

The US just seems blase about violence/guns etc compared to the uk, no offence :/

Thanks for the unlock link - according to their calculator the conviction is spent, but i read on askthepolice that if the crime is violent in nature its exempt and is effectively never spent. Not sure what to believe, will dig further.

There’s a whole world out there; I think I’d just pick somewhere else to go on holiayS

Ach i know, i really wanted to do route 66 and new york tho :( not the same without partner :(

Even if a conviction is considered spent in the U.K. you still have to declare it for an ESTA. It really is very strict. You need to weigh up the pros and cons of the cost of the interview and be prepared to have the application turned down. It's pretty harsh on someone who has led a blameless life for years after being convicted of a crime.

Its really awful, he was not the aggressor but accidentally did more damage than intended, has been good ever since, and it really does blight his life! Even down to holiday destinations :(

There have been several threads about this over the years. the conviction isn't going to be seen as spent because of the violence involved.

As he has led a blameless life since then its more than likely that he will get an ESTA by going through the various hoops as required. but this does not in any way guarantee that he will get in. So you might have your ESTA get to customs and they turn him back.

if you can live with that happening then go for it. if you cant then you need to pick somewhere else. lots of people make the mistake of thinking that the ESTA is it but in the USA it isn't. how they deal with you depends on the airport and what is happening in the world at the time as they frequently have crack downs due to other circumstances.

Just a heads up that Canada now has ESTAs as well.

Personally, I would pick somewhere else. but if you do go for it, its worth carrying copies of all documents relating to this. a letter of good character if he has a long standing employer could be useful.

If it's is spent, how will they know?.... I appreciate they say declare XYZ, but they may ask, but I'd be inclined to view it as gone.

I AM NOT A LAWYER, this is grossly unfair and just because they ask (like insurance companies do), why say?

Jobs worth on immigration mean I wouldn't risk it with just an ESTA

There are probably loads of people go who don't declare their criminal record. Someone I know used to work for Homeland Security and she said they aren't looking for Joe Bloggs but bigger fish but if you get a jobsworth on the day your luck might be out.

We think we will chance being turned back at the airport one day when we can afford to write off the cost of the flights . It's possible they'll be OK because of the unique circs. It really is unfortunate how things worked out and I think he received poor legal advice at the time when young. i personally can't believe how a 3mo stretch in prison has actually turned into a lifelong blight on his life :(

I’ve been arrested and convicted of ABH when I was in my late teens
I’m quite respectable now 😂
I’ve been to America several times twice last year and the year before

If you apply for a visa and get refused that’s pretty much it

I just used the ESTA and ticked no

If yo go to trip advisor there is a whole section dedicated to this and lots of peopl just ticked no and got in

Off the top of my head I can think of several people that I know that have been in prison and still travelled to America