Visiting USA with a criminal record

mrmichaelf

I know this has probably been done to death but..............

I would like to visit the USA next year, however I have a criminal conviction from 3 years ago for harrasment. I was given community service, later reduced to a fine.

I understand if you have been convicted of a crime of moral turpitude you have to apply for a Visa, however from research, I understand my crime isn't one of moral turpitude, so I should be able to travel without applying for a Visa. Is that correct.

Also, some months later I was arrested for having a suspected stolen tax disc in my car. This however was a simple mistake as I have two cars and taxed them on the same day and got the discs the wrong way round. Charges were dropped, but I was still arrested.

Is it true USA immigration have access to our criminal records? And if they do, do the immigration workers know the ins and outs of what crimes are moral turpitude or not?

Thanks in advance.

hethmar

Im afraid they ask for details of everything, even being arrested for questioning. I know when we arrived last year in NY they took our finger prints on a machine and also photos! I was very surprised.

mrmichaelf

It states on the Visa Waiver, crimes of moral turpitude. That is not everything is it.

Nobjocki

mrmichaelf wrote: »

I know this has probably been done to death but..............

I would like to visit the USA next year, however I have a criminal conviction from 3 years ago for harrasment. I was given community service, later reduced to a fine.

I understand if you have been convicted of a crime of moral turpitude you have to apply for a Visa, however from research, I understand my crime isn't one of moral turpitude, so I should be able to travel without applying for a Visa. Is that correct.

Also, some months later I was arrested for having a suspected stolen tax disc in my car. This however was a simple mistake as I have two cars and taxed them on the same day and got the discs the wrong way round. Charges were dropped, but I was still arrested.

Is it true USA immigration have access to our criminal records? And if they do, do the immigration workers know the ins and outs of what crimes are moral turpitude or not?

Thanks in advance.

No, USA immigration do not have automatic access to UK criminal records and your offence is of such minor insignificance to be irrelevant anyway.

Simply fill out your visa form on the plane as usual saying you don't have a criminal record.

mrmichaelf

I know a few people personally who have worse criminal records and got away with it, but I honestly believe by answering no I am telling the truth because of the moral turpitude thing.

Is the situation the same for Australia as i'm thinking of going there aswel..

moonrakerz

This explains it quite well:

http://en.wikipedia.org/wiki/Moral_turpitude

mrmichaelf

Harrasment isn't listed there at all. However from previous research on the internet, it isn't classed as moral turpitude.

goggle

why not talk to the US embassy - they'll give you the "correct" answer.
As for the advice above about just filling out the immigration form & lying, I personally wouldn't do that - get caught & you are looking at deportation & never visiting the US again!

mrmichaelf

But, harrassment isn't a moral turpitude crime, so therefore I wouldn't be lying.
And even if it was and I "lied", they would only find out if I told them, if they do not have access to our criminal records.

From reading up, appyling for a Visa, in most cases you simply wont be accepted. I read of someone with a minor conviction of drunk and disorderly being refused a visa and never able to travel to the USA again!

hethmar

If you google there are hundreds of people asking the same question on the internet. It seems to come down to taking a chance that you wont be stopped/turned back at the USA customs. From the answers given not many have been.

dzug1

goggle wrote: »

why not talk to the US embassy - they'll give you the "correct" answer.
As for the advice above about just filling out the immigration form & lying, I personally wouldn't do that - get caught & you are looking at deportation & never visiting the US again!

Because they will not give you an answer, correct or otherwise. They will not commit themselve over the phone to someone who for all they know is telling only part of the story. They will tell you to apply for a visa regardless of whether your crime is moral turpitude or not. They then decide on the basis of your written application and interview whether it was or not.

And if the crime is not moral turpitude you are NOT lying on the form - you are telling the truth