I can completely understand why you have suggested what you have. However, to balance this out, I must point out that, if people were to follow your advice, people would be committing a criminal offence under US Immigration Law. That is not something that can be taken lightly.
I saw with interest your recent FoI request, and if you haven't already seen it you may be interested in a response I received last year. I have copied it below. However, regardless of the chance of getting caught, as the National Association of Reformed Offenders we have to be careful not to encourage people to break the law.
I can understand how frustrating this may sound, because I found myself in this situation only a year ago when a family relative was getting married in America. Because of the short-period of time until travel, I didn't have to time to apply for a Visa. I decided not to travel, as I wasn't going to risk getting caught breaking the law.
The difficult position we now find ourselves in is that if we were to try and work to close down this stupid process, it would probably result in the US getting access to the PNC, rather than them simply acknowledging their systems are compeltely ineffective and therefore dropping the general requirement to disclose information.
The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relations to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour of providing the information.
The public interest reason in favour of withholding the information is to make sure that that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or be committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.
The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://www.acpo.police.uk/certificates.asp and on the application form page of the same website at http://www.acpo.police.uk/Certificates/Application%20
The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.
Criminal conviction information on US Nationals who have been convicted of offences in England and Wales is extracted from the Police National Computer and sent, via Interpol channels to the United States in cases where there are fingerprints available and when the conviction is for imprisonment for 12 months or more or the offence is against national security or where sharing would be in the interests of public protection."
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