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.

This is interesting - is it really the case that if you arrive on an ESTA (having not declared) the passport control officer at whichever entry point in the US has instant access to the records of millions of UK nationals?

my husband couldn’t get an ESTA but not due ti any criminal activity but because he has travelled to a country (on UK government business) on their bad list. The wait for a visa appointment was very long.

@FloridaBrit he must have lied them because he definitely has a drink Drive conviction and he's definitely in Florida. SIL did the ESTAs at our house a few weeks back.

Lots of incorrect advice given above (not all).
Firstly, not all crimes need to be declared on an esta application. You need to read the questions thoroughly and answer honestly. If you answer yes to any, you will be refused an esta.
Second, it doesn’t matter when the crime was committed (30 years ago or 30 days ago), same rules apply. So again, read the questions thoroughly.
Third, no-one can really say if a VISA would then be granted as they look at many aspects - has the person turned their life around, commitments to UK/family, work etc etc (I’m sure many more). Drugs (if serious) or really serious crimes tend to have visa’s refused in some cases - really just need to apply and see

Thanks all. It seems that it’s going to be apply honestly and truthfully and see what happens. If the esta is rejected then we will discuss a full visa application and do that sooner rather than later so as we don’t waste time and delay booking the trip together. It seems like it could potentially be a long process and wait time.

It doesn't depend on the crime or prison or not. It depends on length of time since crime committed, good character, first offence, subsequent behaviour etc. Doing jury service, volunteer work and other good deeds can go in the applicant's favour. Good work ethos and ability to pay for the trip (and most importantly the return) will be examined. Owning a house is optimal. Also can apply in Ireland in person as well as London. Need to plan ahead and pay to get VISA attached to passport which can all take time.

Also showing remorse is a good thing

I have a family member that had a criminal conviction from over 30 years ago.
They were refused an esta, and had to apply to USA embassy for a visa.

They had a visa granted, and since then have been granted two further visas
as only granted for 5 years each. Had to go to embassy each time. Then wait for the proces to be completed which took up to 9 months.

However despite being granted visas three times, the family member was stopped and taken away for questioning by customs every time they visited the USA. So even granted visas flag up. The visa only allows you to travel to the USA it doesn’t grant you the right to enter. That is up to customs. Hence my family member always being take for questioning before being allowed to continue on. So I would be very careful about lying to customs.

Nobody is doing any lying at any point of this, that is for certain. It’s not a necessary trip it’s a holiday and if they can’t go due to past mistakes then they can go to other destinations. It’s not a desperate attempt to get into America. However, I wanted to ask the question and see what others had experienced.

I had a caution for ‘common assault and threats to kill’ in 2005 and I don’t declare it and have been to the US many times on holiday since

edited to add - I didn’t actually do either of those things but it was complicated situation.

My friend's fiancé had to book a visa appt the other day. The first spot was October.

You can search on google for the list of questions. You can travel on an esta with a criminal record as long as you haven’t committed anything that you would answer yes to in the questions

The question of whether to apply for a visa or an ESTA if you have a criminal record is not at all straightforward.
A work colleague wanted to visit the USA around 10 years ago, and has a drink-driving conviction from the late 90's. A poster who says the USA does not allow for "spent" convictions, no matter how long ago, is correct.
An earlier poster said that you are asked on the ESTA whether you have been convicted of a crime involving serious damage/harm/"moral turpitude", or words to that effect. Note the word "convicted" - I don't think speeding offences, etc, not dealt with by a court, count, but I'm not 100% sure.
We did some research and googling of info from law firms, NACRO, etc, and concluded that drink-driving legally did not fall into that category described above. Morally of course is a different matter, before I get slated.
So he could have answered "no" in the ESTA when asked had he been convicted of any crime in those categories. The wording, we think, is very much open to interpretation.
He didn't answer "no", (too scared to lie!), was refused an ESTA, and had to apply for a 10-year B1/B2 visa, involving much paperwork and an interview at the US Embassy. He was granted the visa, and a renewal without further interview as nothing had changed. So, a conviction does not automatically result in a visa refusal. As another poster has said, each case is different.
Had he answered "no", he could well have got away with it.
The USA authorities do not have access to our criminal records.
If my colleague had lied on the ESTA, (which lasts 2 years), and he had at some stage in the future wanted/needed a visa, the info about his conviction would surface during the application process, and a visa would be denied as he'd lied on the ESTA application.
Please be aware I'm not legally qualified or an expert on this issue, and another poster may come along to correct me.

I’ve recently applied for a visa for someone as part of my role at work. The next available appointments were August so sooner the better. We were successful in expediting the appointment due to an urgent need to travel though.
His ESTA was denied due to travel to one of the excluded countries for work (a different company so no idea why he went there).

Advocating lying on a legal document?

Not at all, just what I’ve read previously around this same question .

https://chambers.com/articles/the-globalisation-of-criminal-evidence-and-the-uk-us-data-sharing-agreement

https://unlock.org.uk/advice/travelling-america-usa/

My DH was convicted of criminal damage when he was in his 20s and received a fine. He had no problem getting an ESTA when he was 46

These are the criminal record questions on the ESTA:

1. 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?
2. Have you ever violated any law related to possessing, using, or distributing illegal drugs?

If the person can honestly answer no to these, e.g. common assault, drink driving, minor criminal damage etc. they will likely be granted an ESTA.

The US don’t have automatic access to the UK police national computer but they can request records for people. I would strongly advise against lying as the consequences are very serious and you’d likely be banned for life from entering the US.

An earlier poster said that you are asked on the ESTA whether you have been convicted of a crime involving serious damage/harm/"moral turpitude", or words to that effect. Note the word "convicted" - I don't think speeding offences, etc, not dealt with by a court, count, but I'm not 100% sure. @Cesarina this is wrong re the convicted, it’s arrested or convicted (see above).

@FawnFrenchieMum

Typically travel to Cuba is why people need a visa.

It was Iran. I meant didn’t know why he had been required to travel there not why he didn’t get the ESTA

@YaWeeFurryBastard
Thanks for clarifying "arrested or convicted", and for quoting the actual ESTA questions.
As I mentioned, I, my colleague, and other colleagues did research on the ESTA/visa situation with a drink-driving conviction.
We actually got conflicting advice, and it was we who decided on balance that his conviction didn't fall into the categories quoted.
But some sources did recommend that all arrests/convictions should be declared, but ultimately it is down to the individual to decide.
Ultimately he decided not to take the risk!

Ok so reading more of these answers it seems that a lot of it is down to interpretation because I would say that the crime is not related to those mentioned on the esta form. However, I would not personally feel comfortable and the person I would be travelling with does not feel comfortable to answer ‘no’ because if we got there and they were stopped and questioned then they do have a conviction on their record and it could be interpreted in their eyes as a serious crime.

I think we will go via the visa route because at least then they may speak to someone in person and maybe have an interview and if we do decide to travel then we won’t be worrying the entire time that they will get refused entry.

I know of one person who declared a 20+yr old driving conviction (which at the time only resulted in a fine) and they had their esta refused and had to apply for a visa which was granted with no issues.

They can request the information from the UK and it will be given. If they are stopped that will happen and they will be deported and banned most likely for a few years at least