ESTA traveling with a criminal record
#1
Just Joined
Thread Starter
Joined: Apr 2014
Posts: 3
ESTA traveling with a criminal record
Hi there, never posted before but my sister recommended me to this site.
I'm hoping to travel to the US at the end of the year to surprise my boyfriend for his birthday. I know that he has a criminal record but with NO convictions, only a caution in burglary and breaking an entering.
I know that you can not travel if the conviction falls under being a crime involving moral turpitude like burglary does and breaking an entering doesn't but does it matter that it's not a conviction it's only a caution?! He was never charged with anything, he never had to pay a fine or went to prison, he just got a slap on the wrist.
The criminal record is wiped when he turns 25 which is a years time as he was cautioned as a teenager, but does it not matter that it is a caution not a conviction? I haven't been able to find anything that helps.
Is there anyone I can call who can advise me?
Thanks
I'm hoping to travel to the US at the end of the year to surprise my boyfriend for his birthday. I know that he has a criminal record but with NO convictions, only a caution in burglary and breaking an entering.
I know that you can not travel if the conviction falls under being a crime involving moral turpitude like burglary does and breaking an entering doesn't but does it matter that it's not a conviction it's only a caution?! He was never charged with anything, he never had to pay a fine or went to prison, he just got a slap on the wrist.
The criminal record is wiped when he turns 25 which is a years time as he was cautioned as a teenager, but does it not matter that it is a caution not a conviction? I haven't been able to find anything that helps.
Is there anyone I can call who can advise me?
Thanks
#2
BE Forum Addict
Joined: May 2007
Location: London
Posts: 1,248
Re: ESTA traveling with a criminal record
Hi - the questions on the ESTA form are pretty clear. The only complication is the definition of "crime of moral turpitude", but in your boyfriend's case this is not an issue (burglary is a CIMT).
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: ESTA traveling with a criminal record
I know that you can not travel if the conviction falls under being a crime involving moral turpitude like burglary does and breaking an entering doesn't but does it matter that it's not a conviction it's only a caution?
If he was not arrested, keep in mind that a caution is an admission of guilt regardless... and the US has recently stepped up scrutiny of UK cautions - and such scrutiny is causing a 25-30 week delay on all such decisions. So... plan accordingly.
The criminal record is wiped when he turns 25 which is a years time...
Ian
#4
Re: ESTA traveling with a criminal record
Burglary is clearly a CIMT, so if he was arrested and taken to a police station, he'll need a B2.
#5
Re: ESTA traveling with a criminal record
This can be a topic of a long legal discussion beyond the scope of this discussion.
#6
Just Joined
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Joined: Apr 2014
Posts: 3
Re: ESTA traveling with a criminal record
Haha yeah bex! Haha, I've travelled to America before on an ESTA so I know I'm fine, which is good!
I've never heared of a B-2 visa, is it more difficult to apply for one?
Thank you
I've never heared of a B-2 visa, is it more difficult to apply for one?
Thank you
#7
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: ESTA traveling with a criminal record
Your bf will need to apply for an ACPO certificate as a first step. If that comes back with no details of his caution, he'll also need a Subject Access Request from the police force that cautioned him.
Once he has these things, he can then make a visa application. This involves an online application form (in a lot of detail), paying for the visa processing and attending an interview at a US consulate.
#8
Re: ESTA traveling with a criminal record
If his criminal record doesn't include recent activity then, with appropriate evidence of current good moral character (remorse and exemplary behavior) he should be granted a visa, but that can't be guaranteed.
#9
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Joined: Apr 2014
Posts: 3
Re: ESTA traveling with a criminal record
Ok thanks everyone, I don't think it's gonna be possible.
This is why I will advise everyone to stay out of trouble if they ever want to see the world!
This is why I will advise everyone to stay out of trouble if they ever want to see the world!
#10
Forum Regular
Joined: Nov 2013
Posts: 74
Re: ESTA traveling with a criminal record
I'd personally go ahead and apply for the B-2 visa - that is the only way you're going to know whether you can travel or not. Worst case scenario - you get denied and you're out of pocket $160 - on the other hand, and its certainly possible, you may get approved and away you go on your trip as planned.
I recall seeing one user on the forum very recently being approved a full 10 year, multiple entry B-2 visa on the day of his interview at the embassy, and he had 2 cautions on his record, one of which relating to a controlled substance - the cautions I believe were 9 years old, so a little further in the past, but still - not years and years ago by any means.
It certainly does not seem to be as black and white as a definite denial and therefore requiring a waiver of ineligibility with a 24 week wait for all people with cautions on record.
I recall seeing one user on the forum very recently being approved a full 10 year, multiple entry B-2 visa on the day of his interview at the embassy, and he had 2 cautions on his record, one of which relating to a controlled substance - the cautions I believe were 9 years old, so a little further in the past, but still - not years and years ago by any means.
It certainly does not seem to be as black and white as a definite denial and therefore requiring a waiver of ineligibility with a 24 week wait for all people with cautions on record.
#12
Re: ESTA traveling with a criminal record
BTW, "aggravated felony" is NOT a ground of inadmissibility.