help needed - traveling to us with criminal record

cubegame

kazprincess wrote: »

Regardless of the details of our crime, bottom line is - we both have an assault charge.

I believe the US are not interested in people like us, as if they were, even after having an interview, wouldnt they just reject our application? People wilth small crimes like me are never rejected for Visas.

I have read so many posts and sites on the net who all basically say they are only interested in bigger fish like crimes involving drugs.

If i tick NO on the ESTA form - i am not lying. Not one part of me thinks that i am lying and i am 100% confident that i am not lying. Even if they do pull me into a room and ask me loads of questions at the border, i will answer thruthly so surly if they can see i havent lied on the ESTA form - how would they not let me into the country?

Also, how would they even be allerted of my criminal record as i read that the US and UK do not share that kind of information unless your a big time criminal or invloved in drugs etc. I am sure our assault charge wouldnt be flagged up and even if it is - cant they tell that its not a crime which involved moral turpidtue?

Your problem there lies with the fact that you'll have one immigration officer with the decision of whether your crime was moral turpitude or not......no jury....no appeal.....

kazprincess

Yes i supose your right. But if my crime isnt one of moral turpitude, surely it wouldnt get flagged up anyway? I cant see the US asking for every minor record of everybody in the UK. Or am i wrong?

cubegame

It's a matter of risk management. Most likely, if you apply for a VISA you will be told that you not eligable for one and that you can use the VWP.

At least with being in Essex, it won't be too inconvenient to go to London for the interviews.

terribleapp

kazprincess wrote: »

Regardless of the details of our crime, bottom line is - we both have an assault charge.

Correct.

kazprincess wrote: »

I believe the US are not interested in people like us

Incorrect. They are interested in people who do not meet the requirements of the VWP.

kazprincess wrote: »

People wilth small crimes like me are never rejected for Visas.

So wrong. They are interested in people who do not meet the requirements of the VWP. If you do not meet the requirements then you don't meet them.

kazprincess wrote: »

I have read so many posts and sites on the net who all basically say they are only interested in bigger fish like crimes involving drugs.

Example. Theft is theft, is a crime of moral turpitude. shoplifting a 20 pence pack of chewing gum is theft and means you need a visa.

kazprincess wrote: »

If i tick NO on the ESTA form - i am not lying. ....... how would they not let me into the country?

They are the judge and jury, not you. You may not think you are lying but If you do not meet the requirements then you don't meet them. You have the chance to state your case in secondary, and they may listen. However, you must prove you are eligable to use the VWP, and quoting wikipedia just doesn't cut it.

kazprincess wrote: »

how would they even be allerted of my criminal record as i read that the US and UK do not share that kind of information unless your a big time criminal or invloved in drugs etc.

Prove what data is shared, especially after the recent data sharing protocols.

kazprincess wrote: »

cant they tell that its not a crime which involved moral turpidtue?

immigration officers are not lawyers, and tend to err on the side of caution. To decide if a case is one involving moral turpitude includes looking at the memorandum of conviction - although I beleive this is not a requirement on a consular visit, they just want to see the PNC record.

kazprincess

But surley i do meet the requirments on the ESTA forms as they do not ask if i have ever been arrested - but they ask have you ever been arrested for a crime involving moral turpitude which our crimes clearly do not.
If that is the case and they do not want us to decide whether or not our crimes are one of moral turpidtue - then why do they ask us this? We are 100million percent sure that our crimes do not involve moral turpitde so when our ESTA visas come back as acceped (which i am postivite they will) then why do we need to take the time and expense of an interview when we have filled out the form correctly and done what is asked?

If when we get to the border and they officers do know of our assault charge (as ok i do not know the truth in this - but they may have a record of our crime?) they would know that it doesnt involve moral turpidtue as our crime is listed as common assault. Only assault charges with intent to cause serious injury (which would be known as ABH or GBH) or assault with intent to rape or kill (which wouldnt be known as common assault) would show differently. So they would know we were telling the thruth.

dzug1

cubegame wrote: »

It's a matter of risk management. Most likely, if you apply for a VISA you will be told that you not eligable for one and that you can use the VWP.

At least with being in Essex, it won't be too inconvenient to go to London for the interviews.

If you are not eligible for a visa you are 100% not eligible to use the VWP.

If you apply for a visa and don't actually need one you'll still be given one.

kazprincess

So do you think i am not eligable for the ESTA eventhough i know i meet all the reqirements on the form?

dzug1

The problem is 'common assault' is not US terminology and an immigration officer won't be familiar with it and may translate it into a different US category. You may be 100% sure that what you did is not moral turpitude. I am almost sure it isn't. But it's not our view that counts.

Put it this way - applying for a visa will eliminate the slightest risk of being refused entry for your record.

And if you apply for a visa and are turned down that means that you are definitely ineligible for the visa waiver.

There isn't an easy answer

kazprincess

Yes i agree that there isnt an easy answer. Thank you all for your comments.
Its just a whole day sitting in a room waiting for an interview and a cost of £87 EACH - isnt a cheap option! It annoys me as i know we are fine to fill out the ESTA form but i do understand that they would rather have an official go through our case to make sure our crime isnt one of moral turpidude.
Maybe i could bring the paperwork of our crime along with us when we travel, that way, if there are any problems at the border - we can show them that our crime isnt one of moral turpidtude which is why we got ESTA visas and which is why we knew we were ok to travel with this. Again i am not telling any lies.

POPPYOSCAR

A family member owned a villa in the US and travelled on a regular basis.

I can remember them telling me about a family who were on the plane
that they got chatting to one time, mum dad and 2 kids going on holiday.
When they got there, the dad was refused entry as he had not put down a criminal record that he did not think was relevant.The very fact that he had not disclosed it was the reason he was refused entry. The mum and kids went ahead with the holiday but he was on the next plane home.

Just a thought.