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USA Holiday with criminal record??

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  • John259
    John259 Posts: 1,085 Forumite
    Sixth Anniversary
    The U.S. government has no access to your criminal record.
    Have you got any evidence for that claim?
    "Such an enormous country, you realize when you cross it" - Jack Kerouac
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    John259 wrote: »
    Have you got any evidence for that claim?

    My friend Edward Snowden says you are all good- unless you admitted it in an email or on a mobile phone.;)
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 October 2014 at 4:53PM
    John259 wrote: »
    Have you got any evidence for that claim?

    https://www.nacro.org.uk/what-we-do/resettlement-advice-service/support-for-individuals/advice/disclosing-criminal-records/travel-and-immigration,1652,NAP.html
    The American authorities, as with other countries, do not have access to criminal record information held on the Police National Computer. If the authorities have particular concerns about an individual, they may request criminal record information from the Home Office by making an application through Interpol.

    And here:
    http://www.acpo.police.uk/documents/FoI%20publication/Disclosure%20Logs/Information%20Management%20FOI/2012/174%2012%20ACPO%20Response%20-%20Information%20Sharing%20with%20the%20US.pdf
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Voyager2002
    Voyager2002 Posts: 16,313 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Just don't declare it. The U.S. government has no access to your criminal record. Just do esta and lie like everyone else!

    How irresponsible to post such poor advice!

    What you ignore (and not noticed in the fascinating discussion that follows) is that the OP is a student, a musician, and it is possible that if his career takes off he might have reason to work in the USA, visit other than as a tourist, and so on... Now, if he were to apply for a 'professional' visa at some point in the future, his record would be examined in detail... At that point it would be obvious that he had lied to US immigration, meaning that he would have no chance of working there later. The consequences of this seven-day jaunt could be very serious for him the longer term.

    And just for the record, most of us don't have criminal records and so have no need to lie.

    Note the links from the final post, making it clear that if the US authorities suspect that an arriving passenger may have a criminal record, they are able to make enquiries to the British authorities.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    Note the links from the final post, making it clear that if the US authorities suspect that an arriving passenger may have a criminal record, they are able to make enquiries to the British authorities.

    Which is why, unless they are behaving suspiciously in the first place they are never caught.

    It's not as easy as easy as swiping a passport or putting a name into a computer, so for most holidaymakers it just doesn't happen.

    I suspect the anecdotes of people being found out and sent home involve people who are behaving like idiots or cave under questioning believing that the US have access to our PNC when they swipe their passport.

    The point about OP wanting a professional visa at some point is moot, he's unlikely to get a tourist visa and once he's made that appication and been refused he'll never get any visa.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • John259
    John259 Posts: 1,085 Forumite
    Sixth Anniversary
    Is advising someone to knowingly and deliberately attempt to break the law of the USA contrary to the terms of usage for this forum?
    "Such an enormous country, you realize when you cross it" - Jack Kerouac
  • Voyager2002
    Voyager2002 Posts: 16,313 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Which is why, unless they are behaving suspiciously in the first place they are never caught.

    It's not as easy as easy as swiping a passport or putting a name into a computer, so for most holidaymakers it just doesn't happen.

    I suspect the anecdotes of people being found out and sent home involve people who are behaving like idiots or cave under questioning believing that the US have access to our PNC when they swipe their passport.

    The point about OP wanting a professional visa at some point is moot, he's unlikely to get a tourist visa and once he's made that appication and been refused he'll never get any visa.

    The fact is that these enquiries are sometimes made, so the US authorities do sometimes become suspicious of arriving passengers. None of us have any idea what triggers this, so all we can say to the OP is that lying and using an ESTA would involve some element of risk. Is that a risk that I would take? Maybe, but I would not advise anyone else to do so.

    The point about a professional visa is more serious. There might be situations in the future when, given the situation as it is at present, the US authorities might give him one. However, if he were to make such an application and they could tell from their records that as well as everything else he had lied to them in order to visit the USA, then that would mean that he could not then get a professional visa.
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The fact is that these enquiries are sometimes made, so the US authorities do sometimes become suspicious of arriving passengers.

    Of course they do, if you're looking shifty you're more likely to be stopped. Mr or Mrs average arriving with their family are less so. Goodness knows which camp OP is in.
    The point about a professional visa is more serious. There might be situations in the future when, given the situation as it is at present, the US authorities might give him one. However, if he were to make such an application and they could tell from their records that as well as everything else he had lied to them in order to visit the USA, then that would mean that he could not then get a professional visa.

    Lets just hop OP has no intention of working in the US, either way he's bu99ered really.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • rustyboy21
    rustyboy21 Posts: 2,565 Forumite
    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.



    OP


    Good on you for trying to get your visa the correct way, not just lying to the Border agency.


    The chances of you being stopped , if I am reading your initial post correctly, will increase as you seem to be of an Ethnic Background.


    You know how wired up the USA is, they think everyone is out to kill them.


    Do it the way you have said, if refused, you at least know you have tried and if Refused At least you wont be spending any money in the fast being God Awful Country!
  • Archergirl
    Archergirl Posts: 1,846 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I wouldn't bother to go all the way to the USA for a week even with my ESTA.
    If I had to go to all the trouble and expense of a visa I would need to be going for considerably longer than a week..............
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