kwl

Quote:
Originally Posted by kwl
does advanced passenger information (API) pick up criminal records from other countries (border control)? i.e. Spain, South Africa...or is it just people on the watch list?

Why would you want to know that information.
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May be I should have post this on another topic (apologies for that). This was basically because I was thinking going to other countries Like Spain or even South Africa but I wasn’t too sure about the process of an API. They said it’s for security measures and aviation purposes and also people on watch list. But I wanted know whether this will pick up any criminal conviction in the past.. for instance my scenario. I spoke to couple of people that I trust and they said I be ok. They say Its mainly people on the watch list. My convictions is nearly 15 yrs ago and surely this wouldn’t happen to pop up from other borders if an API was processed?

Iforgotmyusername

As long as you meet the requirements for visa free entry, then you can enter visa free, if you don't then you can't. Whether or not past criminal histories are passed between certain countries should be irrelevant.

If you look at the psrticular requirements for each country on there websites it should tell you what the criteria are.

crg

Were any of the controlled substance convictions related trafficking, sale, or intent to sell? That could open up some additional issues.

Songbird

Before you decide that kwl - book yourself an initial consult with a brief. True you do have some obstacles to overcome BUT dependent upon the actual facts of your specific case and with the right legal guidance the path might well be navigable. A qualified brief ( with a copy of the actual court records in front of them) would be in a much better position to advise you particularly in relation to the drug conviction.

I should also say that while my friends application was rejected this doesn't necessarily mean that yours would too. Each application is judged on it's own merits. For example I have another friend with a conviction for class A ( possession AND supply ). She didn't think she stood a snowballs chance in hell of getting a B visa but she got one. Factors such as her rehab period ( not just the length of the time but also what she had done with that time, i.e. education, business ect) The reason why she wanted to the visit the USA, strong proof of her ties to her home country etc, were all taken into consideration. Plus of course she had a competent and knowledgeable brief.

As to the problems associated with your usage of the VWP - again a brief would be a much better position to guide you on that. Put it this way, had my friend who was subsequently banned sought the advice of a brief PRIOR to his application then it's just possible there might have been a different outcome. As it is, he has since had a consult and will be seeking a waiver of that ban in the near future.

Don't give up at this stage kwl, your case is worth a least a looksee by a brief. Sure it may be difficult but that doesn't necessarily equate to impossible

kwl

I have been digging up some past records (documents) that I had requested from the police about 4 years ago and with slight good news for myself I have not been convicted for any drug offences. It was only a caution for possession and not dealing or intent to supply. Not to sure how US will see a caution compare to UK?
I know this only takes a slight weight of my shoulders but it means I only misunderstood one of the questions (vwp) when I went to America back in 2002.

There are a few countries i still like to visit apart from US but some of them are visa free which had no requirements such as criminal record but they do have the API process which had bugged me since they were put into place because of my convictions in the past. So i should be ok if there are no requirements from those specific countries even though they have an API processing? thanks


Thank you for that post Songbird, that helped

bjohn

Search through the forums - there are people on here who have B visa's with drug cautions. All is not lost but could be an annoyingly, boring process.

I'm pretty sure your free to roam through the EU and most other countries without declaring convictions. Spain - no problem - plenty of Brits escaping the law on Costa Del Sol.

Iforgotmyusername mentioned earlier "What matters is the maximum you could have been confined for in the states"- I have to ask - the maximum penalty according to which state?

Songbird

IIRC the codes used is the 9th Circuit ... I'm sure I read that that in a post one time, or maybe I dreamt it


@ kwl
you're welcome mate - keep us posted on how you get on.

Iforgotmyusername

To quote from someone whom I would not argue with

You may find that a lot of them do, US, Canada, NZ, OZ, Japan to name but a few. They have different criteria regarding criminal inadmissability.

NZ has "in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more "

OZ has "You must not have any criminal convictions, for which the sentence or sentences are for a total period of 12 months duration or more (whether served or not), at the time of travel to, and entry into, Australia."

Its all pretty country specific.

ian-mstm

A caution is still an admission of guilt. Generally, a caution is not viewed as a conviction for US immigration purposes... but it could be.

Ian

crg

He doesn't need to worry as much about the drug caution. He was already sentenced to 11 months and served 3. He needs a waiver anyway.

kwl

I assume that be any part of Spain?

I know what you mean about being a boring process. I think i worked out the costs about £200 for visa (if I even get one) to US including ACPO certificate from Police and commuting to London etc, that’s not including the solicitor/brief of course. I suppose it’s the price I have to pay for the stupid things I done in past.



I did come across there immigration website and remember reading the above. It does say to apply for something like e676 if you have criminal convictions. I suppose the process with Australia may be less daunting?..i probably wouldn’t bank on it


That is good to hear at least.

Iforgotmyusername

As long as you meet the requirements, then you don't need the visa.

Take NZ for example.

As well as people who don't meet the basic requirements listed above, some people who have committed serious crimes will not be allowed into New Zealand at all. Section 7(1) of the Immigration Act outlines what disqualifies an applicant in these terms.

The good character test for NZ is

• you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
• in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
• currently, you have a removal order from New Zealand in force against you
• you have been deported from any country, including New Zealand
• you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
• it is believed you are likely to commit – or to assist others to commit – criminal or drug offences, or an act of terrorism, in New Zealand
• it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
• it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

If none of the above apply to you then there is no problem.

Same with OZ

CONDITION 8528 - CRIMINAL CONVICTIONS: NOT SENTENCED TO PERIOD(S) OF 12 MONTHS OR MORE The holder must not have one or more criminal convictions, for which the sentence or sentences (whether served or not) are for a total period of 12 months duration or more, at the time of travel to, and entry into, Australia.

If you meet those requirements you can travel visa free.

Always good to have a copy of your PNC when you travel though, to prove the fact you meet the requirements.

kwl

thanks for that info Iforgotmyusername,
The NZ travel for example seems fine for travel but then i normally get the API confused with the above requirments . I don't why but always believed the API would just bring me to standstill when going through customs.
I came back from South America about 2 months ago and there was no API or Visa requirements so i was lucky there. All i had to fill in was H1N1 form and declaration for goods (tax).

Thanks for the updated post by everyone, i needed that

Iforgotmyusername

API can be used for a lot more. In the case of the US its current use is for watch lists, stolen passports, wanted criminals, previous overstayers etc. However, that could be expanded in future years to full criminal records checks against the PNC.

Whether or not a country has full access to UK criminal records is irrelevant (US , Canada, OZ, NZ being the main contenders). As long as you know the criteria of the country you intend to visit, and you are able to meet those criteria, then good enough.

If your sentence was 11 months, then OZ and NZ are no problem. Spain is part of the EU, so no problem. Canada, if the sentence is now rehabilitated (then hopefully) no problem. US - problem.

crg

Just as an FYI, I don't think your chances of getting a visa with a waiver would be that bad if you've stayed out of trouble for the past 14 years. I'd say the chances are quite good if all you had was some thefts/marijuana convictions.