Travelling to US with a criminal record in the UK

>if he wasn’t to declare it out of curiosity how would they find out? If that’s the databases they check surely it wouldn’t flag anything?

That information is not in the public domain for very obvious reasons. No-one on this or any other forum knows exactly what information is shared between the UK and USA.

>my friend has one for theft (£100 from his employer)

The Esta wording has been rather woolly for many years but, in the US, theft from an employer is actually a 'crime involving moral turpitude' (CIMT):

https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/

Being convicted of a CIMT automatically makes someone ineligible for an Esta and also bars him/her from entering the USA without a 'waiver of ineligibility' plus a visa. The US expectation is that people with criminal records apply for a vis. That expectation is made very clear on the US embassy website:

>If you have ever been arrested, even if the arrest did not result in a criminal conviction, have a criminal record........we do not recommend that you attempt to travel visa free under the Visa Waiver Program. The Rehabilitation of Offenders Act does not apply to US visa law and spent convictions,regardless of when they occurred will have a bearing on a traveler’s eligibility for admission into the United States. (my underline)

https://uk.usembassy.gov/visas/ineligibilities-and-waivers-2/traveling-under-the-visa-waiver-program/

>many many people don’t declare their criminal record and have absolutely zero issue.

I'm sure that's the case: it is the choice of each individual. I'm sure many, many more meet US expectations and apply for a visa..

It'e entirely up to your friend what he chooses to do but if he decides to lie on the Esta (from a US pov stealing anything does actually cause 'serious harm' to another person...in this case the employer) he should be aware of the following:

1. Making a fraudulent declaration on the Esta is a US criminal offence.

2. If your friend is taken for 'secondary questioning' at the US border..people are chosen at random as well as because e.g. they look nervous.....he will either have to lie directly to a CBP officer or, if he tells the truth, risk being refused entry.

3. If your friend ever wants to work or live in the US he will have to explain why he lied about his criminal record and made a fraudulent Esta declaration, something which may well adversely affect his chance of getting a visa.

[ Edit: Edited on 26 Mar 2025, 16:24 GMT by leics2 ]

Hi guys
Does anyone have a link to the spreadsheets that has the time taken from appointment to receiving email + passport

Thanks

Quoting anon44

Hi guys
Does anyone have a link to the spreadsheets that has the time taken from appointment to receiving email + passport

Thanks

https://docs.google.com/spreadsheets/d/1qzFVrHBGVC-7yzqEhidmBz52KqQXYyX8yr3nAhdCSgM/htmlview#gid=0

Thank you!
I seem to remember there was another one, does anyone have it

Quoting anon44

Thank you!
I seem to remember there was another one, does anyone have it

Same sheet, it's just undergone lots of improvements and new data.

Join the Timeline Discussion forum referenced in the sheet and let us know there if you want an entry added for yourself.

joolsjools

great thanks!

Hoping someone can help with some info.

Currently applying through my work for a non resident work visa in USA. I received a caution 18 years ago in relation to minor cocaine possession. Does anyone know of or have experience with something similar? Amazing opportunity for work but my other concern is also I have been on holiday to USA before, on an esta, as I didn’t even realise that caution was any more than a warning and so long ago. But now I have my acro report it is on there.

Any advice on potential of being granted a visa be much appreciated

>Any advice on potential of being granted a visa be much appreciated

No-one here or anywhere else can tell you your chances of being granted a visa. Decisions are based onall the details of each individual application.

Your caution was as long time ago, which is a plus. But it was for drug possession, a crime which may require a 'waiver of ineligibility' before a visa is granted. Only the interviewing officer can decide whether a waiver is needed and only he/she can recommend you for a waiver. Waiver processing is done in the US and is very slow, taking up to 9 months via London at the moment.

The Esta has, for many years had very clear wording about drug offences. It asks simply if the applicant has ever violated any law relating to illegal drugs. It does not ask about arrests, convictions, punishments or court appearances, You very clearly violated the law...regardless of whether you thought the caution was a 'warning' or not (it's always been a legal admission of guilt) ...and imo there's no point in pretending you didn't realise you should have ticked 'Yes' to that question. I doubt the officer will believe you. If you're asked to explain yourself (lying on the Esta is fraud and a US criminal offence) imo it's better to hold your hands up and say that you made a stupid choice and very deeply regret it.

The only way for you to find out your chances of getting a visa is to attend the interview.

NB No-one here or anywhere else knows if/how visa procedures have changed since the new regime came into force butr it seems pretty clear that there's been an overall tightening-up of US entry requirements. How/if this will affect UK visa applications is not yet clear.

[ Edit: Edited on 13 Apr 2025, 10:44 GMT by leics2 ]

Hi all

I have a conviction for abh from 2004 (so over 20 years ago) which resulted in a £700 fine and 80hrs community service.

I have previously travelled to the USA 3x with an ESTA after ticking the "no" option for do you have any convictions

However I am planning to travel in June this year and noticed I now needed a full tourist visa as I have travelled to Cuba for a holiday in 2021.

I have also ticked "no" on the visa application. I thought by ticking yes this would be inconsistent with my previous esta applications and id get in trouble.

Now I'm getting stressed as I'll presumably be taken aside for further questioning at the border.

Should I get my Arco etc and fess up on my interview day? Say I clicked the wrong button by mistake?

>Now I'm getting stressed as I'll presumably be taken aside for further questioning at the border.

You'll have to be granted a visa before you even get that far! You simply won't be allowed to board a US-bound flight without an Esta or visa in place. Airlines get fined if they carry passengers who don't meet the entry requirements of the destination country so they simply don't allow people without the correct documentation to board.

>Should I get my Arco etc and fess up on my interview day?

You'll have to get an ACRO anyway. It obviously makes no sense that a visa officer should just believe an applicant who says they've never been arrested, cautioned or convicted..... especially under the existing presidency!

As your conviction was some time ago your ACRO may state 'no live trace'. US officers know that means you have had a past conviction/s. They will want to see the details. When it arrives your ACRO may be accompanied by a 'step-down' letter detailing all the info held about you on the PNC or you may need to make a subject access request (free) in order to provide the info officers will want. This is the official link for subject access requests:

https://www.acro.police.uk/s/acro-services/subject-access

Note that both ACROs and subject access requests can take quite some time to arrive, depending on the pressure on the service when you apply.

>Say I clicked the wrong button by mistake?

Imo, if you say that you'll just make matters worse. From a visa officer's pov entering on an Esta 3 times is bad enough without seemingly deliberately ticking 'no' on the visa application.

The US does not recognise stepped-down/expunged convictions from any other jurisdiction.

Making a false declaration on the Esta or a visa application is regarded as fraud and is a US criminal offence.

It's up to you whether you take your chances at interview (though I can't think of any acceptable excuse you could make for the Estas and the visa application) or make another visa application ticking the correct box. That way you could at least say you'd realised you'd been doing the wrong thing and want to put matters right.

[ Edit: Edited on 28 Apr 2025, 16:20 GMT by leics2 ]