help needed - traveling to us with criminal record

Incapuppy

OP. I think if you're waiting for someone to say 'go ahead, you'll be absolutely fine' then you'll either be waiting a very long time or would be a complete fool to trust them, no-one can give you the answer you're looking for.

kazprincess

Do you know how they knew he had a criminal record??

cubegame

dzug1 wrote: »

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.

Not so. I used to have a visa and when I went to renew I was told they longer issue visas to those eligable for the waiver programme.


Anyway, OP....if you're still unsure as you sound go for the visa application process. You must remember that a refusal to allow you to enter the US will almost certainly ensure you will never be allowed in again.

kazprincess

''OP. I think if you're waiting for someone to say 'go ahead, you'll be absolutely fine' then you'll either be waiting a very long time or would be a complete fool to trust them''.


I am not waiting for somebody to say that to me. I am asking for advice. Just is nice to hear peoples comments and its a subject that is very unclear on the Visa aplication forms and i honestly believe that saying one thing 'have you ever been arrested for any crimes involving moral turpitude' but meaning another 'have you ever been arrested' needs to be cleared up by the US and UK. I think its a situation where many people answer truthly on the ESTA forms (like if we do) but couldnt actually end up with our holiday being ruined down to the one any only fact - which is the visa forms are unclear.

If the ESTA forms we fill out truthly come back as approved - then we have not done anything wrong or told any lie. Why cant we use this Visa and travel? That is my point.

kazprincess

POPPYOSCAR wrote: »

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.

It might have been the fact of that his crime was one of moral turpitude??

Voyager2002

Why don't you find a lawyer qualified in US law: if necessary telephone one across the Atlantic? Pay her/him to look at your court papers and state whether they involve 'moral turpitude' and to put that opinion in writing. If the answer is 'no' then you can tick the ESTA box without any worries. Otherwise, you can either apply for the visa or else go somewhere else: there is a lot of world to choose from.

Flyboy152

I've just had a look at the question asked on the ESTA visa waiver programme. it reads:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Who on Earth is going to answer yes? :rotfl:

terribleapp

kazprincess wrote: »

I am asking for advice.

Ok. Heres a challenge, prove, through previous case histories, why you beleive your crime does not involve moral turpitude. Hint, wikipedia doesn't help.

kazprincess wrote: »

saying one thing 'have you ever been arrested for any crimes involving moral turpitude' but meaning another 'have you ever been arrested' needs to be cleared up by the US and UK.

Nothing to do with the UK. But the question is VERY specific, and does not ask 'have you ever been arrested'. The problem is the concept of moral turpitude, an ever encompassing area.

kazprincess wrote: »

I think its a situation where many people answer truthly on the ESTA forms (like if we do) but couldnt actually end up with our holiday being ruined down to the one any only fact - which is the visa forms are unclear.

The forms not unclear. There are easier questions to ask though (check Australian criminality clause for one, so easy)

kazprincess wrote: »

If the ESTA forms we fill out truthly come back as approved - then we have not done anything wrong or told any lie. Why cant we use this Visa and travel? That is my point.

There is a difference between iInnocent misrepresentationand wilful misrepresentation. If you answer the question to the best of your ability, but your answer is incorrect, you still lose.

Go with the facts, (memorandum of conviction, PNC record) and state your case if asked. And ALWAYS answer truthfully. Get caught in a lie ("Have you ever been arrested"; "No" for example) and just see how quick those cuffs are put on.

littlereddevil

To answer one of your questions my friend's daughter's boyfriend was refused entry as he had not declared an assault charge. Don't ask me how they knew!
If you are so desperate to go to the US I would suggest going for the interview. Last couple of times I have gone to US immigration has been very strict,asking me all about the visas in my passport etc and why I visited the countries I did!

terryw

Flyboy152 wrote: »

I've just had a look at the question asked on the ESTA visa waiver programme. it reads:



Who on Earth is going to answer yes? :rotfl:

These silly questions have been around for a while. A century ago the comic songwriter, W S Gilbert, entered the US despite answering the question “Is it your intention to overthrow the government of the United States by force?” with the words “Sole purpose of visit”. His application for a visa was not rejected because there was no procedure for dealing with people who answered yes.

http://www.quentinlangley.net/article.php?id=105