Has Anyone Applied For A Us Visa Because They Have Been Arrested In The Past?

bj-sailaway · 9 March 2005 at 8:40PM

I was arrested for shoplifting with mates 20 years ago, stupidest thing I ever did, I gather I now need a visa to travel in the US because of this. Has anyone else been in a similar situation and successfully obtained a visa?

I am so upset that I may have to tell the kids we can't go on holiday afterall.

donnie_darko_3 · 9 March 2005 at 8:56PM

you only have declare on the customs immigration that you were arrested and this is not clear about what you were arrested for? I was arrested about 20 years ago for a similar thing but not charged and i was humming about whether to put it down. I DID NOT declare it and was allowed in. Lets face it they are looking for terrorists not you? They finger print everyone who enters and take a photo.

I may be worng in saying this but do not worry go and do not declare anything your uk records are absolved after 7 years but i dont know if they would know if its on your "file".

bj-sailaway · 9 March 2005 at 9:30PM

Thanks Donnie, I was charged, the US website says you have to declare anything you were even arrested for, even if you weren't charged. I can't believe it! I feel wretched. I am so scared of getting to passport control in the US and some computer screen saying I have to go home - or being locked up - hell, my mind is working overtime. I can't believe a 15 second search can search every criminal record in the UK, but I'm so worried. However, if I apply for a visa and don't get it.

pickle · 9 March 2005 at 10:12PM

Surely they wouldn't refuse for such a minor offence? I couldn't imagine they'd be very worried about it. Probably more interested in terrorists, violent offenders. Is there a process for getting something struck from your record in this country? Is it possible to talk with a local magistrate to see if this is possible? After 20 years they might consider it?

Sheepfan · 9 March 2005 at 10:26PM

Unfortunately as mentioned, any arrest from your past requires a visa to be obtained. One of our customers had a 15 year old careless driving conviction, but still had to go to Belfast for the visa.

How they are able to check is still an issue for debate, especially on a spent conviction...even Boris Becker spent a night in the slammer at Miami Airport!

bj-sailaway · 9 March 2005 at 11:21PM

Sheepfan, so didn't they get their visa? Are you saying they put people in jail from the airport for anything?

donnie_darko_3 · 10 March 2005 at 6:58AM

I DID NOT declare anything even though I was charged and got in. you may be asked a few extra questions but search the internet and find out who was NOT let in for a minor conviction. I know its your choice and maybe i was lucky but think logically about it what threat are you to the usa? why would they not let you in for an offence you had "forgotten" about.

The wording states something I cannot recollect but will research and come back to you but it adds in the same sentence imprisonment for 5 years or more.

bj-sailaway · 10 March 2005 at 10:14AM

Thanks Donnie, loads of people on the disney board seem to be in the same situation as yourself, have just turned up and nothing untoward. Did they ask you any extra questions? Do you know if your conviction showed up at passport control? I really can't work out how, in a 15 second search. I work on Computer Weekly and knowing what we have written about Police and government computer systems, I would be amazed. However, I can't bear the thought of being thrown in the clinck at the airport!

averagepunter · 10 March 2005 at 3:20PM

Firstly, I believe US immigration are sent passenger lists with passport numbers once a plane leaves the UK so they can coduct checks before you even get there. You will undoubtedly have heard stories of planes that have been turned back after leaving the UK because the US authorities have discovered there is someone on board they believe is a terror suspect etc. I only say this to dispel your theory about the 15 second check - they have 8 hours to conduct their checks.

Secondly, as most peoples experience has shown, it is unlikely that you will get pulled up for not declaring such a minor incident that happened twenty years ago. HOWEVER......

Let's say you decide to chance it. Will the weeks running up to your holiday be filled with worry that you will get turned back and your families holiday will be ruined? Will you be too stressed out to enjoy the anticipation of your holiday and flight over? Will you stand in the immigration queue looking like a nervous wreck?

Only you can answer these questions. The chances of being refused entry are slim, but if you've got sufficient time - it might just be worth applying for that visa for peace of mind. (Isn't very moneysaving though - extortion)

Good luck with your decision.

bj-sailaway · 10 March 2005 at 3:29PM

I have contacted the court, they say their computer records only go back to 1997, said that I can ask for a manual check if I know the approximate date of conviction, which I can only narrow down to a 2 year period! The lady at the court said most people don't bother!

I think I will try the Police Station or Scotland Yard route, see what comes up. Certainly if the court hasn't got me on their computer, the yanks aren't going to track me down that way, I shall see what police systems says.

Has anyone actually heard of anyone being turned back for a previous offence?

Elljay_2 · 10 March 2005 at 10:24PM

bj- One of my friends' husband had exactly the same problem as yours. he went through the whole Scotland Yard, Local County Police route and even had an interview for the visa booked with the US Embassy. He got as far as applying for his record to take up to the embassy, but Scotland Yard came back with nothing. So he couldn't take any info to the Embassy as the police had no record of his arrest. So he decided to cancel the Visa interview and go without it. He was fine. Also I've heard of at least 3 people who have been arrested over 15 years ago and haven't been turned away. (They all seemed ignorant of the Visa thing and didn't get asked any more questions at the airport. - They didn't declare any arrests obviously.

Has Anyone Applied For A Us Visa Because They Have Been Arrested In The Past?

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