xdcam

You need to register on the ESTA site for visiting the USA on holiday etc; obviously.

But, if you have any sort of criminal offense/conviction you must tick the box 'yes' that asks that question.

But, if you tick 'no' (lie) is there any way they can check as the police-national-computer, CBR and the ACPO database is strict, very strict and private, only that person can get their own information; nobody else.

It would appear that they rely on people incriminating themselves by being honest and telling the truth.

Or am I wrong?

I'm not condoning this and I don't intend doing it myself, I'm only questioning it because of something a friend told me so it is purely out of interest.

ian-mstm

This would have been true a few years ago. A year or two ago the US and UK started to share such information - specifically as it relates to immigration issues.

Ian

xdcam

Last post in this thread says otherwise:

http://britishexpats.com/forum/showthread.php?t=608063

ian-mstm

That PDF file is over a year old. There was a memo posted about a year ago to the effect that the US and the UK *would* share such information. Generally, arrests and convictions are a matter of public record, so regardless of whether information sharing is currently something that happens, the traveller should always assume that it's shared.

Ian

Noorah101

Plus, lying to immigration can get you a lifetime ban. I suppose if you only ever want to take just that ONE trip to the USA, you can risk lying...but if you want to continue to visit, or you have future immigration intent...don't lie.

Rene

xdcam

The reason I was curious about this is simply because I have several crimes of moral turpitude, last in 2003, before that, 1989 and some others before that. I'm worried that I'll be turned down flat and am just thinking of options.

ian-mstm

You should apply for a B-2 visa. One of 3 things will happen... 1) they tell you you don't need the B-2 and can travel on the VWP; 2) you get the B-2 visa; or 3) they deny the visa. One way or another, you'll have your answer, and it'll solve the ESTA/I-94W issue.

Ian

xdcam

Thanks Ian, I don't quite understand the "and it'll solve the ESTA/I-94W issue." bit though.

Are you saying I'll definitely get a visa, or entry in to the USA one-way-or-another?

Appart from a bunch of moral turpitude convictions, I recently went to the USA and I ticked the box on the green slip on the plane on the way over as 'no' where it asked "have you ever been convicted of....". I've heard they will hold this against me and might not give me a visa because of this one thing alone.

Also, once you have been turned down for a visa, the ESTA site will cross-reference this and refuse you, no matter what you put.

JAJ

Convictions maybe, arrests generally not and they don't cause inadmissibility to the US anyway.

ian-mstm

I'm saying that you'll either get the visa or you won't. If you get the visa, you don't need to complete ESTA/I-94W. If you don't get the visa, you'll probably not be travelling to the US... so there'll be no need to complete ESTA/I-94W. As I said, one way or the other, it'll solve the issue.

I'll note here, that even if you get the B-2 visa, or are told you can use the VWP (unlikely, but stranger things have happened), there is no guarantee that you'll be allowed to enter the US. The visa (or VWP) allows you to "knock on the door" and ask permission to enter. The ultimate decision is made by the officer at the port of entry (POE).


True. You may have already sealed your fate. Lying to US immigration can result in a lifetime ban from the US. However, if you don't bet, you can't win.

Ian

lansbury

I worked at Heathrow for many years. Part of my job was interviewing people who had been deported or refused entry into another country.

It was always surprising the number of people refused entry into the US under the visa waiver program because of a previous conviction. To many to believe they had all felt the need to confess to the US CBP. In fact most said they had not said anything until they were questioned about it.

After 9/11 the flow of information between us and the US was an unofficial open door until now they have access to the information officially.

The only group larger than Brits turned away from the US were Brits caught trying to smuggle drugs across the Spanish/French border. Of course they came home some years after the event, the Brits from the US tended to come back the same or next day.

xdcam

Iansbury, are you saying they will check if you say you have no previous, and they will know? I thought that information was confidential.

lansbury

Yes it is confidential, but it can be disclosed to another agency if they are involved in a joint operation. The fight against organized crime and terrorism is an ongoing mutli national "joint operation". If someone asked me about person A I was immediately interested as to why Person A might be of interest to them and what I should know about them. So an exchange of information would often take place.

I could pick up the phone call the US Embassy in London and get checks done in the US, likewise the Embassy would call us for checks from America. UK immigration also have limited access to the Police National Computer but an immigration officer could go to any of our offices in the terminals at Heathrow and get full checks done while they waited.

Will they check if you say you have no convictions 100% of the time, I very much doubt it. Could they check if they wanted too yes.

The Americans for some time were trying to get free access to the UK PNC, last year they were given some form of access. It was after I retired so I don't know if it is via a dedicated contract point or somewhere in Quantico they have a terminal(s). Also I don't know if they have full or limited access, but limited only means the details of the convictions do not show up they can see you have x number.

To run a full aircraft manifest supplied electronically through the PNC doesn't take very long.

The UK Joint Boarders Operation Centre (JBOC) is the UK equivalent of what the US do. Interesting what they do.

http://www.ukba.homeoffice.gov.uk/ma...logy/eborders/

christmasoompa

Why do you think it's confidential? I could get the details of your criminal convictions very easily, and if I can then immigration certainly can!

Court records are a matter of public record, anybody can check them.

And of course anybody can get a CRB check on an individual - for instance, if I were hiring a member of staff I could check their criminal record just by getting a CRB check.

I really don't know why you think your criminal record can be hidden.

xdcam

How? explain.