USA travel denied?

Exemplar

Anyone here been recently denied access to America?

Because of the recent visa changes I have to declare a criminal conviction from 1986 (when I was 18).

So I have to travel to London to be interviewed by the American embassy 27/01/2016 (my birthday...).

Total cost so far:

£108 for the interview
£45 for my criminal conviction history
£160 for the train

And that's before I find out if I'm allowed in!

Now I have noting against tighter rules. But seriously? I was 18, now i'm 47 (soon to be 48). And I have been Stateside 4 times since (last time 2004 when I gave my iris prints at immigration).

So... my conviction was for theft from employer in 1986. Has anyone had a bad experience? I only ask as I casually know someone that has had a visa denied as they had a drink drive conviction in 2013.

TIA.

GingerBob_3

What sort of criminal conviction history did you have to provide? I thought convictions of the type you mention should be "spent" after a certain number of years.

Exemplar

GingerBob wrote: »

What sort of criminal conviction history did you have to provide? I thought convictions of the type you mention should be "spent" after a certain number of years.

No such thing anymore according to the American Government.

Exemplar

Apologies - they allow some alcohol related convictions/ warnings (such as D&D - Drunk and Disorderly) but that's it.

SW17

GingerBob wrote: »

What sort of criminal conviction history did you have to provide? I thought convictions of the type you mention should be "spent" after a certain number of years.

The Rehabilitation of Offenders Act 1974 is UK law (it even varies slightly within the UK these days, in Scotland and NI), introduced primarily to prevent discrimination against people with previous minor criminal offences trying to get employment and/or insurance in the UK. The US government has no obligation to recognise this legislation, and currently does not in terms of immigration issues.

OP - sorry I can't help regarding your chances of getting a visa, but I don't think a criminal conviction automatically disqualifies you. You've done the right thing to tell the truth though, as trying to chance it might have turned out a lot more expensive. Good luck.

Moto2

Do the US authorities have access to UK criminal history databases for these sort of spent convictions?

I hope not, they rely on the traveller fessing up. Otherwise, the chances of them finding out are very slim.

GingerBob_3

Moto2 wrote: »

Do the US authorities have access to UK criminal history databases for these sort of spent convictions?

I hope not, they rely on the traveller fessing up. Otherwise, the chances of them finding out are very slim.

That was the gist of my enquiry; if a conviction is spent how are details of it accessed? Do you have to obtain the equivalent of an full DBS disclosure and submit it to the Americans?

814man

Under anti terrorism laws the US have established agreements on data sharing between many countries including UK. Whilst they may not check every time, and occasionally could miss some things, I'd suggest its not worth taking a chance.

pompeyrich

Exemplar wrote: »

Now I have noting against tighter rules. But seriously? I was 18, now i'm 47 (soon to be 48). And I have been Stateside 4 times since (last time 2004 when I gave my iris prints at immigration).

So... my conviction was for theft from employer in 1986. Has anyone had a bad experience? I only ask as I casually know someone that has had a visa denied as they had a drink drive conviction in 2013.

TIA.

When I applied for a visa they seemed more concerned with my intention to return to the UK than the actual conviction. Family ties to the UK, employment, financial and housing status were looked into and although I had to provide papers from the court, I felt it was only a small part of the process.

I have traveled with and without a visa over the years and not had a problem either way.

I didn't have to visit the US Embassy as you could apply by post at the time so can't advise on the interview.

Good luck.

headpin

814man wrote: »

Under anti terrorism laws the US have established agreements on data sharing between many countries including UK. Whilst they may not check every time, and occasionally could miss some things, I'd suggest its not worth taking a chance.

What makes you believe the US have unfettered access to UK data that may reveal a conviction? They do not as far as I am aware. There is an agreement to share intelligence and other related data on potential terrorists and associated activity. I do not believe that a theft conviction from 30+ years ago falls in to that category.

The US rely on the individual to "own up". And scare stories in forums such as this do nothing to assist the situation. In the vast majority (I would say 99.9%) of individuals having a conviction, especially one spent under UK law, the chance of getting challenged by the US officials are probably no better than winning the lottery. I would always suggest that the risk is worth taking.

force_ten

if you have a criminal conviction for theft then you should never have traveled to the the USA without a visa

even back in 2004 when we were using the green paper visa waiver form I-94W that you filled in on the plane you had to answer the question

have you ever been arrested or convicted of a crime involving morale turpitude

to travel to the usa in 2004 you must have filled this form in and ticked no to question B on the I-94 W, if you had a conviction for theft from 1986 then you should have answered yes to this question, and would have required a visa

when you go for your visa interview in london this may cause you problems because they will have access to your previous visits to the USA and may ask why you traveled using the visa waiver programe when you should have applied for a visa