theForum

USA - Visa with caution


https://forum.unlock.org.uk/Topic11305.aspx

By Wins2015 - 9 Aug 15 5:02 PM

Hi
I appreciate any help possible.
I have booked to travel to the US at the end of October, although I was given a caution in Nov 2007 for class A possession (my only offence).
Although I understand that the US have potentially tightened the approval of visas for caution offences recently would the fact that I received this caution in Nov 2007
help?
I am considering applying for a visa although not sure if I have enough time if it went to waiver approval stage.
A second question , has anyone had experience of the embassy calling your place of employment ?
(I understand you give employer details although I wouldn't be happy with them potentially giving away my caution details to my employer.

Thanks in advance.
By Victor H - 15 Dec 13 7:37 PM

Never ever heard of anyone contacting employers, that would be a serious gross misconduct into privacy laws....

The general jist with travelling in general around the world or USA is just go and have fun and not worry....chances are its nothing to worry about and most go and come back after there holidays just fine.

There was a massive thread I posted here:
https://www.travellerspoint.com/forum.cfm?thread=22639&start=811

Pretty much the botton line out of all those 100s of pages was US has no access to UK police records, 2nd most just went and came back fine and had actual convictions and jail sentences.

You received a caution or warning (not a criminal conviction)

unlock has more info on US travel here:

https://hub.unlock.org.uk/knowledgebase/travelling-to-the-usa-the-esta-form-and-moral-turpitude/

https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/
By Wins2015 - 9 Aug 15 5:02 PM

Hi
Thanks for the response, very greatful.
I have possibly fallen into the trap of scouring the net and becoming ever increasingly paranoid of me being stopped upon cbp inspection!
As my biometric details had been taken at the police station and the US OBIM system apparently matches thousands of foreigners with criminal histories each year - I am Nervous!!
By Victor H - 15 Dec 13 7:37 PM

Don't see how the fingerprinting match ups are possible, people would have discussed it non stop on that USA travel thread non stop....

unlocks guide to us travel also confirms the US have no hook ups to the UK police databases, I would imagine its done so due to data protection acts and privacy laws and perhaps only reserved for serious criminals or if you flag up as a serious offender.

Again can't be 100% sure but that thread is very up to date especially if you go to the last page.

One thing that would be nice which most people ignore or don't bother with is actually pop back and say if it went well or not.... but some people on that US thread have and said its fine.
By Wins2015 - 9 Aug 15 5:02 PM

It does seem likely that some prints are shared given they have a database of 7.2m 'watchlisted'.
I am hoping that this is made up of mostly canadian criminals (they acknowledge that they have direct access to canadian law enforcement systems)
and known terrorist/sexual offenders.
I wouldn't normally consider breaking US immigration 'law' although given the relative minority of my offence and that it was supposedly a warning as you point out,
I don't feel that this should make me a marked criminal.
By Wins2015 - 9 Aug 15 5:02 PM

Hi
Would anyone else have any thoughts/info?
By Victor H - 15 Dec 13 7:37 PM

your not really breaking any law though the question on the US visa ask for convictions you got a warning so ignore and enjoy Wink
By caterpillar - 6 Jan 12 6:36 PM

Hi,

Extremely unlikely (almost impossible) that you would be randomly stopped and questioned based on your caution.

As far as I understand it, you are not eligible for the waiver programme (ESTA) if you have an arrest involving drugs.

I had similar caution and obtained a 10 year visa. I kind of regretted the process since because by all accounts unless you intend to live / work stateside, you are never going to get collared.
By Wins2015 - 9 Aug 15 5:02 PM

Thanks
To be honest it's driving me mad!
Envisaging my fingerprints matching when scanned and then being sent home!
Reading the US official stats of so many thousand prints drawing matches of criminal history doesn't sit easy with me.
Although I kind of don't have any option this late in the day.
By Mirrorman - 20 Jun 12 9:03 PM

From everything I have read, which is a lot you will only have issues in the following circumstances;

- High profile crime - in the media.
- Added to any Interpol databases - Sexual crime.
- Terrorist offenses.
- Having been there before.

If you don't fall into any of these I would mark NO for everything and stroll through.
By Wins2015 - 9 Aug 15 5:02 PM

Hi
I have been before but back in 2004, a decade ago!
By Wins2015 - 9 Aug 15 5:02 PM

Hi
I had no choice but to travel on ESTA.
It was approved.
Flew into LAX last Wednesday, had a two hour queue at Immigration, I had never felt so nervous in my life!
Finally had the call to come over to a desk.
A stern looking guy took my passport, asked me to place my fingers on a scanner.
Despite them shaking he smiled at me, paused...and then said welcome to the USA!
thanks for all the advice/comments guys it did help me put my mind at rest a little before my flight!
By JohnL - 10 Sep 15 1:13 PM

I think all American travel has to now go via the ESTA system - you can no longer travel with our ESTA clearance. What you can do to make your trip a bit easier is get cleared for US entry at ports of entry such as Dublin - that way, you enter as if you're an American returning home as you'll already have your ESTA acceptance and you'll have been cleared in Dublin by us immigration.

The other benefit is, heaven forbid you're declined entry, you will only have to travel back from Dublin, not the US.

I believe there are other European pre clearance ports too but can't remember them.
By Victor H - 15 Dec 13 7:37 PM

Manchester is the other one but it has yet to make the set up operational:

https://www.manchestereveningnews.co.uk/news/greater-manchester-news/manchester-could-only-uk-airport-9378485

The other one is also Londons heathrow but that again is a long way off before it becomes available

https://viewfromthewing.boardingarea.com/2015/05/31/the-us-government-will-expand-immigration-preclearance-to-10-new-airports-and-thats-bad-for-frequent-travelers/

Hopefully it does occur it just cuts out so much rubbish and saves time and money, I don't think anyone wants to live in US but visit for holiday and work sounds ok !

Still well done Wins for coming back and confirming what 1000s of people discover daily its rare anyone gets stopped, blocked and forced back to UK due to no disclosure.