For anyone thinking of going to the USA but is afriad. JUST GO!!

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For anyone thinking of going to the USA but is afriad. JUST GO!!

For anyone thinking of going to the USA but is afriad. JUST GO!!

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Author	Message
forever changes	forever changes Posted 15 Years Ago #11541
Supreme Being Group: Forum Members Posts: 561, Visits: 101	A friend got a a drink-driving conviction a few years back and went on an alcohol awareness course to get time off their ban. On the course they were told that someone had gone to usa and told them at us border about their conviction as they didn't know what they should put on the form you got on plane cos of not knowing what moral terpitude was. They were sent straight back to uk 236
	Reply
biologist	biologist Posted 15 Years Ago #11520
Supreme Being Group: Forum Members Posts: 7, Visits: 0	I pulled this article off the Telegraph's travel section. Unless you are on the FBI/Interpol list or are wanted in the USA for international human/drug trafficking, I'd say just go. Criminal records and entry to the US Anonymous writes Our son was recently denied entry into the United States under the Visa Waiver Scheme at O'Hare airport in Chicago. He was immediately put on a return flight to London and was unable to take part in our family's planned drive down Route 66. The reason for the refusal was my son's criminal record for a minor offence back in 1994. But, as this conviction is now ''spent'', we were under the impression that he did not have to declare it on the US entry form. It now appears that the US does not recognise the UK's Rehabilitation of Offenders Act 1974 in relation to criminal records and spent convictions. It seems that the information the US authorities hold is based on an enhanced search of the UK Criminal Records Bureau database, which shows all convictions. We are particularly unhappy with Trailfinders' advice on the matter. Its ''important information'' section on visas declares that you cannot use the US Visa Waiver Scheme "if you have a criminal record". We believe this should say, "if you have ever had a criminal record". This would have prompted us to check our son's status in more detail. We have unsuccessfully tried to recover our son's costs through Trailfinders and our solicitor has told us he does not believe court action would succeed. Naturally, we are very unhappy with this outcome and would like to highlight our son's plight to help other readers. Gill Charlton replies You are wrong to suggest that the US immigration authorities have access to the UK's Criminal Records Bureau database. They do not. This has been confirmed to me by the Home Office. Obviously some information is shared about serious criminals but there is no way the US officials could have known of your son's spent conviction unless he had told them about it. After speaking to you I realise this is exactly what has happened. Your son applied to the US Embassy in London for a travel visa in 1995 and told the authorities he had a criminal record. Because of this, and because the US authorities do not recognise spent convictions, he will now always have to obtain a visa to travel to the United States. 328
	Reply
biologist	biologist Posted 15 Years Ago #11522
Supreme Being Group: Forum Members Posts: 7, Visits: 0	I do apologise as my comment was quite irresponsible with regards to US law. I have full respect for the laws, but it's just such a frustrating matter. I do believe that we should be allowed be tell little white lies just so we can go and have a holiday in the states, seeing as one would not intend to commit any crime whilst there. 231
	Reply
wandawall	wandawall Posted 15 Years Ago #11543
Supreme Being Group: Forum Members Posts: 5, Visits: 0	Even though she was only 13? And is downloading child porn classed as it too? This is what I dont understand, im sooooooo totally lost: 9 FAM 40.21(a) N9.4-1 Under Age 15 (CT:VISA-1318; 09-24-2009) Juveniles, who were under the age of 15 at the time of omission of acts constituting a delinquency, are not to be considered as having been convicted of a crime. Therefore, no alien may be found inadmissible under INA 212(a)(2)(A)(i)(I) by reason of any offense committed prior to the alien’s 15th birthday. 9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18 (CT:VISA-1318; 09-24-2009) Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be inadmissible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. A crime of violence is defined in 18 U.S.C 16 as: (1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. 234
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wandawall	wandawall Posted 15 Years Ago #11540
Supreme Being Group: Forum Members Posts: 5, Visits: 0	I have looked at the website regarding Moral turpitude and still find it so confusing. My daughter inadvertantly downloaded childporn at 15 and was convicted at 17, putting her on SOR for 2 and half years but no SOPO and no confinement. She wants to travel to USA. Im so lost at all the jargon. It says if under 18 and not re-offended in last 5 years shes ok but at 13 she started a fire and was cautioned so will that count as well? giving her 2 convictions which is then classed as a "no-no"? All im trying to find out is if her "crime" is classed as Moral turpitude? Because her first "crime" was at 13, is it not classed as a crime? If it isnt, does that mean she can travel because her conviction was under the age of 18 and no further trouble with the police in last 7 years therefore she doesnt have to apply for a visa? Or does she still have to apply but they will allow her to travel? Any advice would be of great help, thanks! 226
	Reply
MenaceToSobriety	MenaceToSobriety Posted 14 Years Ago #11524
Supreme Being Group: Forum Members Posts: 13, Visits: 0	One issue surrounding this which may be a stumbling block for certain individuals is the matter of required notifications under the terms of ViSOR (Violent and Sexual Offenders Register). As there is a notification requirement for individuals wishing to travel overseas, I have to wonder whether a notification of intent to visit the United States might be passed on to the US Embassy or US Immigration, or at the very least queried as to whether you have acquired the necessary visa, with permission to travel being declined should you fail to do so. Given that you need to provide details of first night accommodation as part of the notification, the US authorities may well be able to act on the information even if you have passed immigration. 227
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J	J Posted 14 Years Ago #11526
Supreme Being Group: Forum Members Posts: 1, Visits: 0	New member, sorry if this has been posted somewhere... I have a 2001 conviction for Assault Occasioning Actual Bodily harm, only a small fine. Wondering what my chances are of getting into the USA are (holiday)? I have applied for the APCO certificate, but haven't made an appointment with the US embassy. Wondering if APCO pass over details to US embassy as looking at the new(ish) online process as my crime doesn't fall under the Wiki definition of moral turpitude (https://en.wikipedia.org/wiki/Moral_turpitude#Interpretation_of_moral_turpitude) Any help/insight very much appreciated, I felt stitched up at the time of trial and again now - not a nice feeling. Cheers ps. Brilliant website 246
	Reply
aim	aim Posted 14 Years Ago #11528
Supreme Being Group: Awaiting Activation Posts: 111, Visits: 2	I went through the B1/B2 tourist visa process very recently and I was successful. I also have an ABH conviction which is more recent (2009). I was issued a visa for one year. The process takes a few weeks and costs around £150. You will also have to be interviewed at the US embassy in London which will take a day (mostly waiting). 263
	Reply
aim	aim Posted 14 Years Ago #11530
Supreme Being Group: Awaiting Activation Posts: 111, Visits: 2	Just a quick update. I have been to the US (and back!) and I was asked at immigration why I had a visa. I said as I have a criminal record in the UK and he thanked me for my honesty and said have a nice trip. 269
	Reply
aim	aim Posted 14 Years Ago #11531
Supreme Being Group: Awaiting Activation Posts: 111, Visits: 2	Hi TriNeet, Visas with a record are certainly possible. Just be honest with the US authorities and you should be fine. 278
	Reply

For anyone thinking of going to the USA but is afriad. JUST GO!!

For anyone thinking of going to the USA but is afriad. JUST GO!!

Criminal records and entry to the US

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