can you visit the US with a criminal record ?
can you visit the US with a criminal record ?
Author
Discussion

DBSV8

Original Poster:

5,958 posts

268 months

Sunday 26th March 2006
quotequote all


got me thinking , with all the extra security , ID finger printing etc, in The US

organising a trip to Leguna Seca with a few mates ...one of them has a criminal record for DD will this affect travel to the US for TouristS ?

puggit

49,820 posts

278 months

Sunday 26th March 2006
quotequote all
You'll need to contact the embassy in London for an interview if you have a criminal record

flemke

23,501 posts

267 months

Sunday 26th March 2006
quotequote all
shuvitupya said:
How do I find out if I have a criminal record ?

I was fingerprinted and had DNA taken about 8 years ago.

I was given bail, but it never went further than that.

Does that mean I was arrested ?

Would this affect me going to USA or Canada ?

Just don't give the US embassy your PH user name. That would decide the matter quickly.

JoolzB

3,549 posts

279 months

Sunday 26th March 2006
quotequote all
CAN YOU VISIT THE US WITH A CRIMINAL RECORD ?

No that's Australia, you need a passport for America.

I'll get me coat.

justinp1

13,363 posts

260 months

Sunday 26th March 2006
quotequote all
I would check with the embassy as has been said. From memory, when I was out there in 2000, the 'Visa Waiver' document you fill out on the plane to say why you dont need a visa actually asks if you have ever been *arrested*.

Saying that however, I am unsure how this could actually be checked wheh you get there. All the immigration people ask is if you can show them your return ticket, what your trip is for and take your passport number to make sure you leave within 3 months.

Depends if you want to take the risk. If your friend did get stopped, they would have to wait a few hours to get a visa. For DD i wouldnt have thought this to be a problem. If your criminal record is drug smuggling, computer fraud or firearms, then it may be a little more difficult!

Dwight VanDriver

6,583 posts

274 months

Sunday 26th March 2006
quotequote all
www.trailfinders.com/visas/visawaiver.htm

According to this you will need a Visa.

IIRC the DD is a Recordable Offence and as such on the database that US can check.

As Justinp mentions The Embassy should be able to advise fully.

dvd

purpleheadedcerb

1,143 posts

252 months

Sunday 26th March 2006
quotequote all
I know someone who has been to the states on many occasions and certainly has quite a colourful past.

Boosted Ls1

21,200 posts

290 months

Sunday 26th March 2006
quotequote all
I don't know all the in's and outs but I'd look to clear customs/immigration or whatever at this end rather then risk being turned back in the US.

My dad was a skipper on very big ships and he frequently got arrested in the US because his crew had been caught in possession. He never got charged afik and never had a problem visiting the US coastline with his big ship

Boosted.

deva link

26,934 posts

275 months

Sunday 26th March 2006
quotequote all
Don't bother ringing the Embassay. They keep you on hold on a premium rate late for ages and then say they can't advise you - they say the only way to know is to apply for a visa.

There are a couple of opinions about this, but the reality is that they're only after serious offenders, drug dealers etc. Just tick the right boxes on the visa waiver form on the plane and he should be OK.

One important point, especially if travelling with a bunch of mates, is don't make any smart remarks to the Immigration Officer.

8Pack

5,182 posts

270 months

Monday 27th March 2006
quotequote all
Don't know about that but it will soon be a USA requirement that you must have a UK ID card before much longer, and that they will also have access to the information on it............and knowing the feelings of many here on PH about that subject I don't suppose any of you will be going anyway.....

hengti

238 posts

247 months

Monday 27th March 2006
quotequote all
check out the HO visa website

US has visa waiver agreement with UK (providing you have 'newstyle' scanable passport)

Criminal record is a no-no though. That said, D&D is hardly likely to be viewed as pre-cursor to career in int'l ter'ism - so maybe ok

check out w'site!

zumbruk

7,848 posts

290 months

Monday 27th March 2006
quotequote all
8Pack said:
Don't know about that but it will soon be a USA requirement that you must have a UK ID card


Wrong. You will need a biometric passport, and the US is only requiring a digital photograph. Our Government is gold plating the requirement, as usual.

rumpelstiltskin

2,805 posts

289 months

Monday 27th March 2006
quotequote all
I remember Vanilla Ice came over here with a criminal record,he buggered off after it was a hit though.

g_attrill

9,086 posts

276 months

Monday 27th March 2006
quotequote all
See the State Dept's website for the detail - the London US Embassy site is full of "may"'s and "possibly"'s which changes the meaning of statements (deliberately?):

www.travel.state.gov/visa/temp/without/without_1990.html#3
www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

Gareth


>> Edited by g_attrill on Monday 27th March 20:46

>> Edited by g_attrill on Monday 27th March 20:46

_dan_

2,392 posts

309 months

Tuesday 28th March 2006
quotequote all
Isn't it true that on the plane you fill out a visa waiver form, and if passport control want to check up on the criminal record of a british citizan they have to do so via the british embassy which is rather time consuming.

I've been told by various people they they "just go" and have never had any hassle.

In a similar situation myself except I've no real desire to visit the US right now!!

deva link

26,934 posts

275 months

Tuesday 28th March 2006
quotequote all
_dan_ said:
Isn't it true that on the plane you fill out a visa waiver form, and if passport control want to check up on the criminal record of a british citizan they have to do so via the british embassy which is rather time consuming.

I've been told by various people they they "just go" and have never had any hassle.

It's generally accepted that they can't check 'live', however they could just detain someone while checks were made.

The whole thing is very ambiguous, but there are people who think the US likes it like that, because they'd really prefer everyone to have a visa.

There is one set of wording that seems to indicate that if you've ever been arrested for anything then you need a visa. Another set seems to indicate that you need to have been convicted for a crime of 'moral turpitude' (that phrase apparently has no legal definition in the US, again, probably on purpose so it can be used to mean anything) and been sentenced to 5yrs then you need a visa.

There are stories of people getting visa's because they've got Careless Driving convictions and then the Immigration Officer laughing about it (that must thrill the person who went through the visa process!).

You should read the Disney forums - there are some hilarious panic stories on there from people who suddenly remember a few days before they're due to fly to the US that a Policeman spoke to them 20 yrs ago, so they think they'll be banned.

>> Edited by deva link on Tuesday 28th March 10:27

zumbruk

7,848 posts

290 months

Tuesday 28th March 2006
quotequote all
deva link said:
_dan_ said:
Isn't it true that on the plane you fill out a visa waiver form, and if passport control want to check up on the criminal record of a british citizan they have to do so via the british embassy which is rather time consuming.

I've been told by various people they they "just go" and have never had any hassle.

It's generally accepted that they can't check 'live', however they could just detain someone while checks were made.

The whole thing is very ambiguous, but there are people who think the US likes it like that, because they'd really prefer everyone to have a visa.


And until very recently, everyone had to have a visa. After WW2, the UK and USA signed an agreement to allow one another's citizens to enter without a visa. The UK implemented the agreement immediately, whereas it took the USA 47 years.

After 26 years of regular visits to the USA, I have learned one thing above all others; do not f**k with the INS. They have no sense of humour and they are judge, jury and executioner.

dcb

6,068 posts

295 months

Tuesday 28th March 2006
quotequote all
purpleheadedcerb said:

I know someone who has been to the states on many occasions and
certainly has quite a colourful past.


Same for Canada I wonder ?

I'm guessing the Septics and the Mounties swap info.

raja

8,290 posts

265 months

Tuesday 28th March 2006
quotequote all
I know of many people who have been with a criminal record. It has never been an issue, they just filled in the visa waiver form on the plane. I don't think you have anything to worry about. Sometimes some things are best left unsaid.

Also i was once in New York with a group of British muslim friends post 9/11. Some of them got questioned going into the usa. Believe me when i tell you that their methods of confirming whether you have a criminal record let alone whether you're an international terrorist was laughable.

One bloke got questioned for 2 hours because he'd been to egypt and his firstname matched someone on their terrorist list. What was clear was that they could not simply press a few buttons and access his life history.

I also work a lot with children in england. A police check to identify whether someone has a criminal record here takes months.

Enjoy your holiday, I've always found the USA to be a very hospitable place. Their ordinary people are in no way a reflection of their foreign policy