Refusal into USA

[MrsXx4]

Hello,

I was wondering if anyone knows someone or has first hand experience of being refused entry into America for having a criminal record. Either at the ESTA application or for application of a full visa stage?

I don’t need details unless you are willing to share but I’d like to gather what the chances would be of a refusal of an ESTA application.

thank you.

If you have a criminal record it will be refused, you have to apply for a VISA instead. I think the wait is 9 months to a year and still may be refused depending on the crime.

Criminal record - cannot apply for an ESTA.

Go straight to applying for a full Visa, which will be an interview etc.

A young man known to my DS …. Served 18m of a 3 year sentence for possession of drugs with intent to supply ( probably worded wrong but you get my drift) …..tried to get a visa to USA, CAnada and AUstralia….failed with all of them

A family friend moved to the USA and her son could never visit them because he had been charged for possession of cannabis.

Ok thank you so far. It wasn’t a prison sentence but community service and a smallish fine also 6 years ago. This also wasn’t me but someone I plan to travel with and wondering if maybe I should plan the trip alone or with somebody else to save on the hassle of refusal and taking up my time.

Also not drug related but I’m not sure if that matters as it’s still a criminal record

Any criminal conviction will prevent you from applying for an ESTA. You can apply for a visa with an in-person interview at the US consulate in London (assuming you’re in the UK) and depending on what the conviction was for, you may get the visa.

If it’s drugs related, forget it.

It depends on the crime. It used to be worded as crimes of moral turptitude which means nothing to most British people.

The esta is usually done by a computer and so many people will chance it or not even realise they should tick ‘yes’ and apply for a visa instead, and it will be approved.

I have seen people on Facebook discussing their visa appts too. Some have been allowed in. It very much depends on the crime.

You don't have to go to Prison to have a criminal record. They've obviously been convicted of something.

They will still need to go down the Visa route and hope that it's granted.

The Esta asks about crimes that result in serious damage//harm/moral terpitude. It's not a blanket ban. It is also very possible to travel to the USA if you have convictions, but would need to go to the embassy for a visa. I know someone with a VERY long history or petty crime/drug related offending, albeit from about a decade ago, who was granted a visa via the embassy for a holiday to Florida

If they answer the ESTA question truthfully the ESTA will be automatically declined. This is 100% certain.

If they lie they may be rejected at the border. I guess that’s what you’re asking? If so, no-one can really help you. There may be many people who got away with it, but some will not, and there’s no way of knowing 100%.

If they apply for a visa they may or may not get one, depending on the offence.

I’d suggest your prospective travel companion applies for a visa before you attempt to book anything non-refundable.

My BIL has a drink driving conviction (4 years ago) and is currently in Florida on holiday via an ESTA

No they definitely would not lie to try and get one granted. The person is full of remorse and embarrassment about what happened and would never risk lying or being denied at the border.

I will have to speak with them and see what they want to do before we plan anything.

@BlackBean2023 do you know if he answered honestly on the esta form?

I thought it was the case that they have no access to British records anyway so if you say No on the ESTA they’ll be none the wiser?

I've come across people in my line of work who have been refused access at immigration due to undeclared criminal records.

Not a risk I'd want someone taking if I was travelling with them.

Ahhh interesting. So seems we do share our records then!

They may have questioned them and it’s come up. I don’t think the records are shared in that way and they’d have to request them - I mean they barely seem to even work sharing across different areas in the U.K. sometimes!

I don't know the ins and outs as I'm nc but I know my brother wasn't allowed to go to Florida with his partner and kids due to having a criminal record.

the Americans do not have access.

Yes, I know someone who wasn't able to attend a funeral stateside.

The rules are strictly enforced.

I'm the case of the person I know, it was a serious crime related to illegal substances.

Brit living in Florida here…

It depends on the circumstances. Each case is different. I would strongly encourage your friend to be truthful. Thinking that the US authorities won’t find out is foolish. I have a family member who is unable to visit me because of a conviction. Nothing can be done about that. Also remember there is no such thing as a spent conviction in terms of US immigration procedures. Everything must be declared, no matter how long ago it was. Not every conviction leads to a denial, but every arrest/caution/conviction must be declared. It’s not for the visitor to decide whether it “counts” or not.

My friend got refused as he got a caution once for 'carrying a weapon' as he bought back a knife from a Bali holiday, they weren't interested in the specifics at all.

I would say it’s unlikely. DUI is taken very seriously here. I find it hard to believe, with all my experience of US immigration, that someone with such a serious conviction so recently would be granted approval for the VWP. It’s either a “didn’t happen” or someone’s telling fibs.