Criminal record and US visit

FH_Brit

headpin wrote: »

Why would they want to “call up” unless you gave them some reason to? If you try to enter the US wearing a black mask, carrying a swag bag over your shoulder whilst wearing a hooped jumper then you are asking to be singled out. Pass through like any normal tourist and you will have no trouble.

You have to obtain an ESTA (completed on line PRIOR to travel) this is dealt with by the Homeland Security Dept. and a criminal record check is carried out. (once ESTA approved it is valid for 2 years)

A criminal record does not automatically disqualify you (depending on offence) from entry in to the USA. It does disqualify you from the VWP/ESTA (Visa Waiver Program/Electronic System for Travel Authority) again dependent on offence.

If you have a criminal record (and the Rehabilitation of Ofenders Act - does not apply) you need to get a Visa from the American Embassy, and you should do this BEFORE booking any travel arrangement because no insurance will cover the cost of your holiday if you are refused entry.

By the way, Violent or Sexual offences will be more difficult to get entry approved.

One of my customers last month called me up as she was turned down for ESTA/VWP (husband and child approved and holiday booked for April) because she thought it may have been because of our legal action. In the end it was because a lady elsewhere with the same name had a criminal record and the ESTA "flagged" my customer as an undesireable. She went to Embassy and now has a 10 year visa for the US as they cleared up the confusion very quickly (but a lot of hassle for Ms. X).

FH_Brit

_Andy_ wrote: »

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Andy - Mad Moment? - this thread is about Criminal record and US entry

I think you typed in the wrong thread.

melli_2

headpin wrote: »

Why would they want to “call up” unless you gave them some reason to? If you try to enter the US wearing a black mask, carrying a swag bag over your shoulder whilst wearing a hooped jumper then you are asking to be singled out. Pass through like any normal tourist and you will have no trouble.

Nah! They do random stop checks...and if anything suspicious, so much as a similar name, is flagged they can and will question you.

dmg24

FH_Brit wrote: »

Andy - Mad Moment? - this thread is about Criminal record and US entry

I think you typed in the wrong thread.

You have spent far too long abroad - why do the US not get irony?

lfc321

Tojo_Ralph wrote: »

With regards to any criminal record check carried out, can you please elaborate as to what criminal record checks are carried out and whether or not they are carried out for the three jurisdictions, ie England and Wales, Scotland and Northern Ireland?

The concensus of opinion on these boards appears to be that any criminal record check carried out amounts to no more than checking whether of not a person is on a "watch list" and thus it woud be interesting to hear if anyone has any information to the contrary.

Tojo Ralph must be correct here. The ESTA system comes back with authorization within a couple of seconds of you clicking submit. There is no possible way it could cross-reference your details against UK criminal records in that time. Just think about how long getting a CRB check takes (a few weeks is the answer).

I'm pretty sure all it does is check against the US's own watch list.

headpin

lfc321 wrote: »

Tojo Ralph must be correct here. The ESTA system comes back with authorization within a couple of seconds of you clicking submit. There is no possible way it could cross-reference your details against UK criminal records in that time. Just think about how long getting a CRB check takes (a few weeks is the answer).

I'm pretty sure all it does is check against the US's own watch list.

Absolutely spot on. And an enhanced CRB Check (which is what they will need, as otherwise it does not flag up all relevant information) costs about £50 and would take upto 4 weeks to collate. The CRB is not a 24/7 organisation and they do not allow direct access to their information from anyone including the US Homeland Security Dept. It is therefore (currently) impossible for the US to issue an ETSA in the normal few seconds if they were checking this information as suggested. Basicalkly they work on the fear factor and their own list of persons that they feel may pose some risk. Of course, like most US attitudes they feel at risk from anyone who does not fit their stereotypical Yank!! So it really is just unlucky if you get flagged. And, as someone who travels to the US reasonably frequently I have never seen them randomly “pull” people from the line or at the desk. Normally it only happens when you are on one of their “lists” or there is a problem with your documents.