Serious- will we get US visas?

sturll

lynzpower wrote: »

Ok, the plot thickens.

I am mainly writing this, as Im sure it will be useful to moneysavers in the future.

Ok.

So I spoke to the INformatio Commissioners Office/ They said, yes, they do feel that the US state dept has a right to view the Criminal Records Bureau, so I should call the CRB to see what they say about it.

The CRB very helpful indeed. They say that yes, they can do a standard CRB check on people whom they have a concern about. Therefore if it is or isnt declared they can check anyway.

However, they have advised of something Ive never heard of before which is called "step down" policy. what this means is, if the offence was committed some time ago, it will not show on the CRB IF you have requested the police to "step down". This menas that an old ( and somewhat petty, it could be argued) conviction OF ANY KIND can "fall off" the SAR ( subject access request) should the person and the police agree. ( cant see Axe muderers or terrorists being allowed this!)

This means that it wont show up for the purposes of travel, CRB checks, and employment, and is designed for the rehabilitation of offenders. However, should OH get convicted fo a crime here in the UK, the UK police and courts can still see this conviction- and of course it would be classed as "previous" in the UK.

CRB have now given me thenumber of the relevant police force where the conviction was obtained, but also recommended I call NACRO as they can also advise on the step down process and they - for other moneysavers knowledge - are contactable on 0207 840 6464

They are busy right now, but in any case, I think step down is probably quite useful in any case.

I don't quite understand what your worried about?

The online Esta is only like the green form you filled in before. You are still entering under the same circumstances (the VWP) which means - you are just worrying for nothing.

In terms of shared info etc the only way the US would be able to look at your criminal info is if they applied to the UK courts. Which for the sake of a blip of hash they are just not going to do.
The only info shared is sexual offences and offences under the Homicide Act. So unless your or your husband are a !!!!!! or a murderer stop worrying and look forward to what i believe is one of the greatest countries on earth.

lynzpower

OK!!

Just spoke to Nacro.

Nacro tell me that the US state dept has absoutely no access to the CRB whatsoever.

Nacro tells me that the people that have been returned hom on planes have been sent back as they declared it at the gates- thinking that the US dept already knew, when they didnt.

Therefore, Nacro cant advise anything, but what they can say is that the US state department has no access to the CRB.

whatusername

Very good info there lynz, keep us posted to developments and i hope you get a satisfactory conclusion

Good luck

lynzpower

In terms of shared info etc the only way the US would be able to look at your criminal info is if they applied to the UK courts. Which for the sake of a blip of hash they are just not going to do.
The only info shared is sexual offences and offences under the Homicide Act. So unless your or your husband are a !!!!!! or a murderer stop worrying and look forward to what i believe is one of the greatest countries on earth

I agree! The US is literally amazing and I for one cannot wait to go back ( with my all clear CRB :A)

I just didnt want to get into a situation where we lie and say no nothings ever happened and then get to the gate adn they CAN check his CR and said AHA but you lied so off you go back home, leaving moneysaver me over 1k out of pocket _pale_

mrcol1000

I would get professional advice concerning this rather than using an internet forum as if you get it wrong and get sent home your be very lucky to get back into the country ever again even if you go through the right channels.
The dreaded "Have you ever been refused entry into the USA?"

Pee

I'm very interested to see how this develops. My boyfriend was convicted of a similiar offence and has been to the USA since without problem. He thought that the conviction was spent, too. In fact my friend who is a barrister took that view initailly until I looked into it a bit further.

A really major problem seems to be that if you have a conviction, you can apply for a visa. For an old minor conviction, they would be prepared to give you a visa BUT they would not be prepared to give someone a visa who had lied on the old visa waiver form, which my boyfriend has done, twice.

My boyfriend's friend, who we would be going out to visit, said that it has all tightened up a lot since 9/11 and clearly the fact that the form needs to be filled out in advance means they are proposing to make checks against at least some people. My boyfriend thought that they may not be able to trace his offence, being over 20 years ago, but a CBR check can show up an ABH charge going back 40 years (I have seen that happen).

At the moment, I've decided we won't be going to visit his friend, even though I have never been to California and would love to go... but your posts do give me more hope that it might be possible.

dorsetjohn_3

lynzpower wrote: »

OK!!

Just spoke to Nacro.

Nacro tell me that the US state dept has absoutely no access to the CRB whatsoever.

Nacro tells me that the people that have been returned hom on planes have been sent back as they declared it at the gates- thinking that the US dept already knew, when they didnt.

Therefore, Nacro cant advise anything, but what they can say is that the US state department has no access to the CRB.

Relax , you will be fine . You will get refused if you keep ringing people up and asking questions . You went last year , Homeland Security will see that you were let in last year and why should it be any different now . Fill the ESTA in online and it will return fine

Chill Baby and maybe you take your boyfriends stance and smoke a big Reefer !!!!!!!!:rotfl:

lynzpower

lol at you Dorset John

Good job they never stamped our passport when we were in Amsterdam over new year :rotfl:

Pee

How does the new system work? Do you need a flight booked, or could you do the application saying you were intending to book a last minute flight, and one might then not come up in your price range?

lynzpower

Im not 100%

From what I can tell and from speaking to travel agents this week ,it seems that once you have book the flight then you do the esta.

Seriously Pee,I would definatley recommend speaking to Nacro on the number above they were excellent when I just rang them.