UK to USA travel with criminal record
May 25, 2015, 9:56 am
#1
Original Poster
Join Date: May 2015
Posts: 3
UK to USA travel with criminal record
I need a bit of advice, and hoping there may be others who know more or who have been in a similar situation.
I've always dreamt of visiting the USA (and maybe in the future getting permanent resident status!). Finally the time has come that I am able to do so, and all I can do is worry about it.
In 2007, I was arrested and charged with Theft by Employee. It was out of character and stupid for me. I was playing scratchcards without paying for them and the amount just built up. I received a 12 month supervision requirement, 120 hours unpaid work and a £685 fine. It was stupid of me and I still don't know I did it, I wasn't in any kind of other trouble prior.
Anyway, I'm now 30 and and I've just completed a 3 year arts degree at University (BA Hons) and have the funds to go an visit the States for a few weeks. I've searched online and found advice like just tick no on the waiver/etsa, which I'm sure would be fine but I'd rather be honest and safe. Is a tourist visa likely in my situation? Again, searches online say yes with no problems, but the odd one creeps up that scares me (ie. if they do say no, you can't try again for ten years). Also, none of these threads are very recent.
If anyone has had similar experience or is in the know, I'd love to hear your advice.
I've always dreamt of visiting the USA (and maybe in the future getting permanent resident status!). Finally the time has come that I am able to do so, and all I can do is worry about it.
In 2007, I was arrested and charged with Theft by Employee. It was out of character and stupid for me. I was playing scratchcards without paying for them and the amount just built up. I received a 12 month supervision requirement, 120 hours unpaid work and a £685 fine. It was stupid of me and I still don't know I did it, I wasn't in any kind of other trouble prior.
Anyway, I'm now 30 and and I've just completed a 3 year arts degree at University (BA Hons) and have the funds to go an visit the States for a few weeks. I've searched online and found advice like just tick no on the waiver/etsa, which I'm sure would be fine but I'd rather be honest and safe. Is a tourist visa likely in my situation? Again, searches online say yes with no problems, but the odd one creeps up that scares me (ie. if they do say no, you can't try again for ten years). Also, none of these threads are very recent.
If anyone has had similar experience or is in the know, I'd love to hear your advice.
May 25, 2015, 6:16 pm
#2
Join Date: Jul 2006
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Posts: 1,146
Tourist visa:
https://help.cbp.gov/app/answers/detail/a_id/736/~/admission-to-the-u.s.-with-either-a-misdemeanor-or-criminal-record
If you follow the links, a crime of moral turpitude is a reason for exclusion and that includes fraud.
But perm residence has to come through an employment path and sponsorship.
May 30, 2015, 11:12 am
#3
Join Date: Mar 2014
Posts: 360
You are not able to use VWP so a trip in a few weeks is not happening. Ticking no is Immigration fraud it is not the most clever thing in the world to add your criminal record and gain a lifetime ban from the USA. What on earth makes you "sure it would be fine" to commit fraud?
You must apply for a visa which will likely be denied and you will then have to apply for a waiver of ineligibility which will involve a trip to the Embassy in London followed by a long wait if they recommend a waiver. Do not plan on visiting any time soon. Permanent residence is a common dream which for most will remain just that.
You must apply for a visa which will likely be denied and you will then have to apply for a waiver of ineligibility which will involve a trip to the Embassy in London followed by a long wait if they recommend a waiver. Do not plan on visiting any time soon. Permanent residence is a common dream which for most will remain just that.
May 31, 2015, 1:25 am
#4
Moderator: Manufactured Spending
Join Date: Jul 2011
Posts: 6,580
You will not be eligible for VWP, so you will need to apply for a visa. If it's denied, you will need to apply for a waiver. I think you should be able to travel eventually, but it will be a bit of a hassle to go through the process. Contact the consulate, they can guide you.
May 31, 2015, 6:13 am
#5
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I need a bit of advice, and hoping there may be others who know more or who have been in a similar situation.
I've always dreamt of visiting the USA (and maybe in the future getting permanent resident status!). Finally the time has come that I am able to do so, and all I can do is worry about it.
In 2007, I was arrested and charged with Theft by Employee. It was out of character and stupid for me. I was playing scratchcards without paying for them and the amount just built up. I received a 12 month supervision requirement, 120 hours unpaid work and a £685 fine. It was stupid of me and I still don't know I did it, I wasn't in any kind of other trouble prior.
Anyway, I'm now 30 and and I've just completed a 3 year arts degree at University (BA Hons) and have the funds to go an visit the States for a few weeks. I've searched online and found advice like just tick no on the waiver/etsa, which I'm sure would be fine but I'd rather be honest and safe. Is a tourist visa likely in my situation? Again, searches online say yes with no problems, but the odd one creeps up that scares me (ie. if they do say no, you can't try again for ten years). Also, none of these threads are very recent.
If anyone has had similar experience or is in the know, I'd love to hear your advice.
I've always dreamt of visiting the USA (and maybe in the future getting permanent resident status!). Finally the time has come that I am able to do so, and all I can do is worry about it.
In 2007, I was arrested and charged with Theft by Employee. It was out of character and stupid for me. I was playing scratchcards without paying for them and the amount just built up. I received a 12 month supervision requirement, 120 hours unpaid work and a £685 fine. It was stupid of me and I still don't know I did it, I wasn't in any kind of other trouble prior.
Anyway, I'm now 30 and and I've just completed a 3 year arts degree at University (BA Hons) and have the funds to go an visit the States for a few weeks. I've searched online and found advice like just tick no on the waiver/etsa, which I'm sure would be fine but I'd rather be honest and safe. Is a tourist visa likely in my situation? Again, searches online say yes with no problems, but the odd one creeps up that scares me (ie. if they do say no, you can't try again for ten years). Also, none of these threads are very recent.
If anyone has had similar experience or is in the know, I'd love to hear your advice.
You don't want to be caught lying.
Last edited by TWA884; Oct 7, 2019 at 1:42 pm
May 31, 2015, 6:16 am
#6
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Lying on a visa application (ESTA too) is a felony crime in and of itself. Whether or not the false statement is prosecuted, it is a 100% certain way to assure that, if caught, you are excluded relatively permanently.
Thefts are taken quite seriously (incidentally, a USN convicted of roughly the same crime in the USA, would have an equally tough time entering the UK).
Thefts are taken quite seriously (incidentally, a USN convicted of roughly the same crime in the USA, would have an equally tough time entering the UK).
May 31, 2015, 6:23 am
#7
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The above item in parentheses is a myth. The fact is that the UK rarely -- almost never -- asks it's arriving US tourists about arrest/conviction history at ports of entry or as a condition to fly to the UK and be admitted. And the UK border control doesn't access and use arrest records for most U.S. citizens visiting the UK.
Last edited by TWA884; Oct 7, 2019 at 1:43 pm
May 31, 2015, 6:52 pm
#8
Join Date: Mar 2014
Posts: 360
You could try to visit Mexico and do a side trip by road to the U.S., as has been done without procuring a visa or ESTA, by some UK citizens with a criminal conviction that involved no jail/prison sentence. It's not guaranteed to work, but at least then you have a vacation that doesn't get messed up on arrival to the US and doesn't generally involve supplying criminal record info in advance.
You don't want to be caught lying.
You don't want to be caught lying.
Jun 1, 2015, 1:33 am
#9
Join Date: Sep 2014
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I fully understand the USA's requirements for visitors and support their right to set certain standards.
But how does the US immigration authorities know about spent convictions of British citizens? Not even a criminal records check will bring this up. I wonder what exactly is being shared by our government.
Again don't get me wrong, I have no problem with this data being shared as long as it's accurate and my faith in government bureaucracy being able to keep all this data accurate is pretty low.
But how does the US immigration authorities know about spent convictions of British citizens? Not even a criminal records check will bring this up. I wonder what exactly is being shared by our government.
Again don't get me wrong, I have no problem with this data being shared as long as it's accurate and my faith in government bureaucracy being able to keep all this data accurate is pretty low.
Jun 1, 2015, 2:20 am
#10
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Whether CBP should or not, CBP has admitted such British citizens into the US at Mexico-US border crossings and done so without a visa. Nothing ventured, nothing gained, right? What I suggested minimizes the chances of the OP wasting his time only to have his vacation wrecked -- even if issued a visa or attempting to come in at a US port of entry without a visa.
Last edited by TWA884; Oct 7, 2019 at 1:43 pm
Jun 1, 2015, 5:08 am
#11
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Even if with a visa, CBP may mess up the OP's trip.
Whether CBP should or not, CBP has admitted such British citizens into the US at Mexico-US border crossings and done so without a visa. Nothing ventured, nothing gained, right? What I suggested minimizes the chances of the OP wasting his time only to have his vacation wrecked -- even if issued a visa or attempting to come in at a US port of entry without a visa.
Whether CBP should or not, CBP has admitted such British citizens into the US at Mexico-US border crossings and done so without a visa. Nothing ventured, nothing gained, right? What I suggested minimizes the chances of the OP wasting his time only to have his vacation wrecked -- even if issued a visa or attempting to come in at a US port of entry without a visa.
OP could also try flying via Ireland and using pre-clearance so at least if he is turned away it is not a long flight home. He would still get a ban if were "caught" lying however.
Jun 1, 2015, 4:31 pm
#12
Join Date: May 2005
Posts: 7,605
If you lie on the ESTA in order to visit the US now then at a later date apply for a working visa the DBS check will show you have committed a crime - and your lie on the ESTA will deny you a visa (yes they do check).
So either lie and forget about living in the US or get a visa
So either lie and forget about living in the US or get a visa
Jun 2, 2015, 8:03 pm
#13
Original Poster
Join Date: May 2015
Posts: 3
Thanks for everyone replying!
I looked at the ETSA, and I wouldn't tick yes to any of those. The only two questions there dealing with crime:
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?
Have you ever violated any law related to possessing, using, or distributing illegal drugs?
What is the exact question regarding crime on the VWP?
On the wikipedia page (not the best source, I know) it says next to theft that it's only a CMT when it involves the intention of permanent taking, which I didn't intend. Also, does it even count as a crime against property?
If you lie on the ESTA in order to visit the US now then at a later date apply for a working visa the DBS check will show you have committed a crime - and your lie on the ESTA will deny you a visa (yes they do check).
So either lie and forget about living in the US or get a visa
So either lie and forget about living in the US or get a visa
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?
Have you ever violated any law related to possessing, using, or distributing illegal drugs?
What is the exact question regarding crime on the VWP?
On the wikipedia page (not the best source, I know) it says next to theft that it's only a CMT when it involves the intention of permanent taking, which I didn't intend. Also, does it even count as a crime against property?
Jun 2, 2015, 9:52 pm
#14
Join Date: Jul 2006
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Oh, please, you are fooling yourself - you committed the crime and were convicted or pled guilty. Intent doesn't enter into it. Conviction trumps that.
A crime of moral turpitude IS serious harm to another person. And according to UK sentencing guidelines, 12 month sentence means under 2K pounds but high degree of trust crime.
A crime of moral turpitude IS serious harm to another person. And according to UK sentencing guidelines, 12 month sentence means under 2K pounds but high degree of trust crime.
Jun 2, 2015, 10:25 pm
#15
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In 2007, I was arrested and charged with Theft by Employee. It was out of character and stupid for me. I was playing scratchcards without paying for them and the amount just built up. I received a 12 month supervision requirement, 120 hours unpaid work and a £685 fine. It was stupid of me and I still don't know I did it, I wasn't in any kind of other trouble prior.
Last edited by BadgerBoi; Jun 2, 2015 at 10:34 pm