By Gaz6 - 26 Nov 13 6:16 PM
Morning Ladies and Gents
Just a quick one regarding travel to the US I know other people have asked similar questions and I have read through various articles relating to entry to the US with a criminal record. but I would just like to state my personal circumstances and ask whether from previous experience from others whether I would be granted a visa or not. I have been to the states before namely Las Vegas in 2012 but since then I have managed to get myself in a **** situation and landed myself with 2x convictions 1. Making off without payment 2. Attempt theft
for the making off without payment I received a community order
for the attempt theft I received a 15 month custodial sentence (however only served 4 months) this was very harsh due to my previous good character however I was in a role with a position of trust therefore I had the book thrown at me. everything is clear now although I have to wait 4 years for the convictions to be spent. although I know this does not apply to the US. I have since got a job working in the NHS and Have 2 children Im doing very well for myself.
It was one of those moments in life where I went through a rough patch and messed up. there is no excuses I done the time and its all in the past, and I will not be re offending. however the US Embassy will not see it this way im sure.
people have said US Embassy have no access to UK police systems etc and just to apply under the VWP which I have done before however I really don't want to be getting myself into more grief and potentially another conviction on the list.
Do I have to just accept that I wont be eligible to get into the US for the rest of my life? or do I generally stand a chance
someone please help
thanks
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By Gaz6 - 26 Nov 13 6:16 PM
from what I have read on the Unlocks thread about visiting the US - (correct me if im wrong please) My 2 convictions are theft related (even though one was only an attempt and they are low level crime) they still count to moral turpitude and because I have 2 convictions does that make me inadmissible to enter the US? so even if I went to the US Embassy am I correct in saying that I will be rejected anyway?
I have seen a few people saying get a wavier from the homeland security dept. how many people have had success with this?
thanks
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By Mirrorman - 20 Jun 12 9:03 PM
YES. You are inadmissible under the visa waver program.
You would have to apply for a visa at the US embassy, which will probably be REJECTED.
You'll then have to try and get a waiver of ineligibility from the Us Department of Homeland Security.
Or tick the NO box and risk it.
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By Gaz6 - 26 Nov 13 6:16 PM
Hi Mirrorman
thanks for getting back to me mate and thanks for your advice. Realistically what is the worse that would happened to me if I was to get caught out at border control? I really don't want to get nicked again and go through all the criminal proceedings ********.
Although I am in two minds about which option to take I understand that doing it the correct would would be time consuming and costly. but should I do that rather than risk getting caught possibly another conviction and never ever allowed back in the US again?
thanks mate
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By Mirrorman - 20 Jun 12 9:03 PM
The worst?
Lets see you're hauled off from McCarren Airport to the local lockup while you're possibly charged with immigration fraud, put into a cell for however many hours, possibly get a stay in a lovely Las Vegas jail for a few weeks and then shipped home, banned from the US for life.
Or you could go through Dublin where they do pre-checks and in that case you'll just be refused there and hop on the next flight back.
This is of course if they find out, which I doubt they will.
Was your case in the papers? Have you been to the states before? Answer no to these and I would answer no to their question.
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By Gaz6 - 26 Nov 13 6:16 PM
Yes mate I have been to the states before under the visa wavier programme but this was before I got a conviction. and nothing in the paper mate I know it was wrong what I done but my crime was low level.
I don't fancy being locked up in vegas either lol. would that likely happen?
cheers
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By stiched - 21 Jul 14 4:26 PM
read the post and new esta questions. you can tick no without lying and get in
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By Mirrorman - 20 Jun 12 9:03 PM
That's extreme version.
I'd say get a flight from Dublin, tick no to everything and chance it. 99% of the time you'll walk through no problem, if anything does happen you're only a small distance from home.
Best of luck, let us know how you get on!
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By Gaz6 - 26 Nov 13 6:16 PM
Just looking at the thread you mentioned stitched..... I can infact honestly answer NO too all those questions asked in the esta and that would be me honestly telling the truth...
is this some sort of loophole or what surely it must be a mistake??
if I can answer NO to all of them which I can shall I travel through the VWP? I looked on the esta website and nowhere does it mention anything about other offences or question to the effect of "Have you ever been convicted of ANY offence or have been arrested for ANY offence"
what do you suggest?
and thanks Mirrorman for your input im not sure whether to risk it mate luck is never on my side lol and if you say Dublin are the only place that do pre checks. what would it matter if I went say through heathrow or Gatwick? I know what your saying being closer to home. but is there an other advantages?
I think unless I can do it via the vwp and act stupid then I might have to battle it out with US embassy...
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By Victor H - 15 Dec 13 7:37 PM
You need to read the post on here in the past regarding us travel:
https://forum.unlock.org.uk/default.aspx?f=37&m=1312
https://forum.unlock.org.uk/default.aspx?f=37&p=2&m=7410 (check 2nd pages for eustance post)
he discusses the dublin airport trick which works, the US border check staff in dublin airport basically do there screening so when you hit US spoil you don't need to go through the check on the other side ie your home free really you simply walk right through.
This has the advantage you don't go through all the motions and money and time and then rejected and sent back home, at least if you are rejected by ticking no and going to dublin airport your still not too far from home and on home soil.
I posted a 80+ page link here on US travel :
https://www.travellerspoint.com/forum.cfm?thread=22639&start=691
Its the biggest and best site on the web regarding ex-offenders US travel btw, if you don't fancy reading through it all the last 10 pages gives a rough conclusion I would say roughly 70-80% went and ticked no and enjoyed the holiday.
Course we should also note and understand not always the case. I hope mirrormans comments were the extreme regarding few weeks in a US jail !
I have watched plenty US and australia/canda border airport tv series and for people that lied about criminal convictions or any other lies on the entry forms all were interviewed and at most spent the whole day in the waiting room or cell and then escorted back to the correct area and booked on the next flight available home. Obviously then US have your life history and DNA and block and ban you from entry into US for a good amount of years.
As much as US is the no1 most requested place to visit (after you get a criminal record) I am told US is not like the glamour and glitz you see on hollywood tv shows and films, its just one giant prison which coincidently don't allow anyone with a criminal record in which makes zero sense. Holidaying else where sounds better, Europe no issues and far more cheaper and no questions asked food for thought.
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By Gaz6 - 26 Nov 13 6:16 PM
Damaged
thanks for your reply I will read through that article i've been to US before only to vegas though and it was amazing. Id quite like to go and see my sister out in LA and re visit vegas again and new York.
Just wanted a realistic view of others but it looks like im going to have to have a fight with them to get back in
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By stiched - 21 Jul 14 4:26 PM
Gaz.....if you can answer no to all the questions on the new esta...what fight are you talking about
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By Victor H - 15 Dec 13 7:37 PM
Agreed Gaz please check here:
https://forum.unlock.org.uk/default.aspx?f=37&m=25575
This is unlocks new updated guide lines for traveling to US it now appears the information which has been relevant for many years ie the stuff I posted you earlier in my post maybe incorrect and out of date looks like the new guide lines which have just changed this month might be different for you course I can't guarantee it, but so far sounds promising !
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By Gaz6 - 26 Nov 13 6:16 PM
Stiched - I can honestly answer NO to all questions put to me on the esta... and the "fight" I mention is the battle of going through the US embassy and getting rejected and all that palaver and having to apply for a inadmissible wavier!
Damag3d just going to read that now.
thanks chaps
G
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