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Travelling to USA with Criminal Record


GSbraveheart

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We have a holiday booked to Florida later on this year. My brother and family decided to book up too, only realising after he booked that there is a question about criminal records (which he gone and got himself last year for getting in a fight, regretfully)

I've had a look online and he could apply for a visa although this seems t take anything up to a year. Others are saying they have no access to the UK criminal record database and to just answer no to the question on the ESTA form and and he will be fine.

Anyone had any similar experiences? 

We will still be going with or without him :lol:

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He could take his chances but if he gets caught out then it's likely that he'd never be allowed into the US at any point in the future.  They'd look at lying to gain entry far more seriously than a conviction for fighting. 

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6 hours ago, Graham of Montrose said:

Don't declare it. My brother was a bad boy in his youth but travels to the US regularly.
He's never had any problems.

Baaaaaaaad you mean 

 

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I have a UK criminal record. One assault charge and one breach of the peace. Both done when I was a laddie. I was honest on the ESTA. The US will then ask you to send a Police Scotland confirmation of the record. If you are honest then you'll be ok. That is if it's not changed since 3 years ago. 

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  • 3 weeks later...

Remember and ESTA is only approval for travel to the United States, with this you will be allowed to get on the airplane.  Any decision on admittance to the US is made by the immigration official at the port of entry.  So that's a long way to go just to be sent back again if refused entry.

Everyone who travels to the US needs approval, usually in the form of a VISA.  Participation in the Visa Waiver Program (ESTA) requires participating countries to agree to a number of things - from airport security functions to sharing of criminal records.

If you apply for a visa you will need to attend an interview at the embassy and provide an acpo certificate.  In straightforward cases approval is likely on the day, in less straightforward cases referral to Homeland Security for a waiver of ineligibility may be required (this can take several months).  It can also be difficult getting appointments at the embassy at this time of year - busy with summer camp applicants.

What is a straightforward case? - common sense will tell you what is a serious offence and what not, remember though Americans very puritanical about anything involving drink or drugs.

 

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  • 4 weeks later...

Would probably only be an issue, if he got nicked in the US, and they asked for a UK conviction check, whilst he's in custody. If it comes back with something he's not disclosed, then he'll need some toiletries, and a set of PJs.

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