USA Holiday with criminal record??

curtainsplitter

Hi everyone. I'm someone who joined the forums after I have been doing a lot of research. About 5 years ago I went through a bad patch in life where a man racially assaulted my family and harassed them and tried to stab my mother when she had my 2 year old sister in her hands. I smashed up his car and pleaded guilty for criminal damage to the matter. I also afterwards got in a few fights and never let the matter go with the man so got a caution for harassment. After that I had a few fights and was arrested but never charged with anything. This was all 5 years ago. Last year I found out my mum had cancer and I couldn't afford the car insurance renewal cost so I falsified a document to get cheaper insurance. The insurance company sussed on and told the police. I was told to come into a voluntary interview and I admitted I had done this and the reason why and explained that when I did it I wasn't thinking and wasn't in a good mental state, the police gave me a caution for insurance fraud and told me never to do it again. I therefore have 1 conviction and 2 cautions on my file. I've turned my life around now and decided to live honestly and my mum recovered from cancer in the end which I took as a blessing from god. I decided to change my life with music and went as far as to be in newspapers and have been appointed an ambassador for the 'b someone' scheme by the department of health and young children, which is a scheme for inspirational ambassadors of communities. I am at university now doing tourism and music as a degree and they know about my convictions and weren't bothered, I believe the ones from 5 years ago are spent and since then i've been in no trouble apart from the caution last year. I have had some friends go to the USA for a placement year with university and I decided not to go but to just do my degree and finish it. In January I wanted to go and see them for 7 days but I've read the USA is very strict and I'm really confused about the process. Should i apply via ESTA and if declined go for a VISA application? If I go for a VISA application do I need a APOC (I believe its a criminal record certificate as such?). What do you think my changes of getting a VISA are?

DomRavioli

curtainsplitter wrote: »

Hi everyone.

I'm someone who joined the forums after I have been doing a lot of research.

About 5 years ago I went through a bad patch in life where a man racially assaulted my family and harassed them and tried to stab my mother when she had my 2 year old sister in her hands.

I smashed up his car and pleaded guilty for criminal damage to the matter. I also afterwards got in a few fights and never let the matter go with the man so got a caution for harassment.

After that I had a few fights and was arrested but never charged with anything. This was all 5 years ago.

Last year I found out my mum had cancer and I couldn't afford the car insurance renewal cost so I falsified a document to get cheaper insurance. The insurance company sussed on and told the police. I was told to come into a voluntary interview and I admitted I had done this and the reason why and explained that when I did it I wasn't thinking and wasn't in a good mental state, the police gave me a caution for insurance fraud and told me never to do it again.

I therefore have 1 conviction and 2 cautions on my file.

I've turned my life around now and decided to live honestly and my mum recovered from cancer in the end which I took as a blessing from god. I decided to change my life with music and went as far as to be in newspapers and have been appointed an ambassador for the 'b someone' scheme by the department of health and young children, which is a scheme for inspirational ambassadors of communities.

I am at university now doing tourism and music as a degree and they know about my convictions and weren't bothered, I believe the ones from 5 years ago are spent and since then i've been in no trouble apart from the caution last year.

I have had some friends go to the USA for a placement year with university and I decided not to go but to just do my degree and finish it.

In January I wanted to go and see them for 7 days but I've read the USA is very strict and I'm really confused about the process. Should i apply via ESTA and if declined go for a VISA application? If I go for a VISA application do I need a APOC (I believe its a criminal record certificate as such?).

What do you think my changes of getting a VISA are?

Edited (I couldn't read it without sentences).

OP, you need to speak to the embassy to get their word on it; You need to apply for a visa - ESTA only applies to those without a criminal record - please see http://london.usembassy.gov/niv/vwp3.html for more information from the US embassy website.

You will be turned around if they find out about it; it isn't worth the hassle, just get the visa.

curtainsplitter

Thanks for the help. Yeah am not going to bother with ESTA as I think it'll be rejected. I've looked on that lin and it says I need a B2 Visa but am confused what i need to do next after that..can you help?

shaun_from_Africa

The steps that you have to take are as follows.

1/ Complete an online application for a B2 tourism visa.
Details and form here:
http://london.usembassy.gov/niv/ds160.html

2/ Set up an account on the US visa website to allow you to apply for the visa, pay the required fee and schedule an appointment.
https://ais.usvisa-info.com/en-gb/niv

3/ Attend the required interview, ensuring that you bring all of the required documents. Documents required are shown here:
http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/appointment_letter_b.pdf

The details for how to apply for an ACPO certificate are here:
http://www.acro.police.uk/police_certificates.aspx

When you go for the interview, be totally honest about your past history and just say what you have written on here about turning your life around in the time since your arrest and cautions.

Voyager2002

Really, it is a lot of hassle to go through for the sake of a seven day visit. My advice is to go somewhere else, perhaps somewhere that has great music available. Why not Cuba: you could meet your friends there?

Just for the record: there are no checks in the ESTA process but you are not eligible to use it. So if you entered your name and passport details into the ESTA system you would be given a number, but might still be stopped on arrival in the USA. The visa waiver programme is not available to anyone who has ever been arrested (never mind convicted) for a crime involving moral turpitude, and such arrests and convictions are NEVER 'spent'.

In order to get a visa to visit the USA you need to apply well in advance and attend an interview. Since you have a fairly recent caution for insurance fraud there is some doubt whether you would be given a visa, so you might want to take legal advice before applying. All in all, not worth it for a short holiday.

Cardew

What do you think my changes of getting a VISA are?

As stated above, for the purposes of ESTA/Visa a conviction is never spent.

I suspect with conviction/cautions/arrest for violence 5 years ago and fraud last year, your chance of getting a visa is low. If you go on some of the Florida websites you will read of many visa applications refused for less.

curtainsplitter

I wasn't convicted of anything violent. I was arrested and released without charge. In terms of the fraud, it was a caution. I have 1 conviction for criminal damage which is spent. Like i have said this has not effected my ability to go to other countries and also university.
Thanks for the help and I assume my chances would be low but I want to try anyway. I am doing the first step but I am finding it hard to get a digital photo? Is there anywhere that does this as i've only seen hard copy ones?

Voyager2002

curtainsplitter wrote: »

I wasn't convicted of anything violent. I was arrested and released without charge. In terms of the fraud, it was a caution. I have 1 conviction for criminal damage which is spent. Like i have said this has not effected my ability to go to other countries and also university.
Thanks for the help and I assume my chances would be low but I want to try anyway. I am doing the first step but I am finding it hard to get a digital photo? Is there anywhere that does this as i've only seen hard copy ones?

In many ways the behaviour of the USA is not driven by general ideas of what is logical or moral. So my observation that you are unlikely to be successful is not any kind of judgment on you, just a statement of the way things are.

Since the expense and hassle is considerable, I strongly suggest that you get proper advice before you make an application. Needless to say, you don't get a refund if they decline your application. One place to try is https://www.ImmigrationBoards.com

I repeat my earlier advice: rather than banging your head against a brick wall, go and have fun in Cuba. Zero hassle; wonderful music... to me its a 'no-brainer'.

blindman

Voyager2002 wrote: »

In many ways the behaviour of the USA is not driven by general ideas of what is logical or moral.

I repeat my earlier advice: rather than banging your head against a brick wall, go and have fun in Cuba. Zero hassle; wonderful music... to me its a 'no-brainer'.

Both true statements.

Go somewhere else:cool:

Cuba is brilliant-and Americans can't (legally ) go there

curtainsplitter

I'm going to contact the US embassy and try and see if I can apply for the VISA even though they're number appears to be one thats £1.50 a minute. My mum wanted to do a group VISA application but I don't see the point..I've had a few messages of people saying oh just do ESTA and don't declare a conviction as its just a caution.. it as it's worked for people and apparently unless you look suspicious they won't check your background..but i don't want to risk it and be dishonest.. I hope in the end my honesty will hopefully be rewarded.

bagand96

.I've had a few messages of people saying oh just do ESTA and don't declare a conviction as its just a caution.. it as it's worked for people and apparently unless you look suspicious they won't check your background..but i don't want to risk it and be dishonest..

Whilst it has undoubtedly worked for some (many) people it comes with a huge caveat. If (and it may be a big if) you do get found out, then you'll be sent home. Probably at your own expense. And probably not welcome in the USA ever again.