I want to go to USA but have been silly.?

Question

The thing is... my sister-in-law lives in America and keeps asking for us to visit.the only thing is i was a silly girl and took the blame for something 24yrs ago and got a criminal record for it which is now i believe classed as spent. i have been on the right side of the law ever since, not even a parking ticket.
Could i just go and say nothing or would i have to declare it?

Answer 1

Here's what the US Embassy London has to say about that:

Important: Some travelers may not (notice, it says MAY NOT!) be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

Go to the following site for the US Embassy London and try the Visa Waiver Wizard (shades of old Merlin, eh what?!) - it will help you determine whether you need to apply for a visa.

http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

If you do need a visa, follow the instructions on the embassy website.

http://www.usembassy.org.uk/cons_new/visa/niv/index.html

If you just go on Visa Waiver with a UK passport, you run the risk of being turned around at the US Port of Entry.

Answer 2

Depends what the crime was - I suspect (as you are planning on going to the USA and therefore not locked up!) that the crime you took the blame for wasn't that severe.

If you don't declare it and they find out anyway (which they could do, as the information wouldn't have been deleted), that'll be even harder for you - better to declare it as spent and hope that they take your honesty as a good thing.

Get advice from the US embassy before you apply - they may have info on their website. If you do tell them, then you can't retract it, so I'd speak to someone (without giving them your name if possible) about it first - you don't want to get the US and find yourself stuck at the airport being quizzed by twitchy paranoid officials. Mind you that happens to total innocents anyway, so what's the difference...

Good luck!

Answer 3

Declare it. Firstly, US immigration law (which covers toursit visas) does not recognize the principle of spent convictions. Secondly, it was a long time ago. Unless it was a serious matter, you stand a fair chance of getting in. Finally, the US gets to know these things. If you get caught you will be denied entry and will find it even more difficult to travel to the USA in future.

Just in case you are British, I have attached a link to the US Embassy in London. It has loads of practical information.

Answer 4

Come to America lol the drinking age isn't great but hey, you seem old enough. Don't worry about anything. I'm pretty sure it's fine. 24 years ago is a long time from now. If anything, I'd get your sister-in-law arressted for something she didn't do. Maybe for being too sexy lol I'm kidding. Just come to America and relax.

Answer 5

the short answer is Yes. You can visit the US without declaring this as it is now spent. However, if you were to decide that you wish to stay longer or seek residency then this would present as a problem. Just book your ticket, jet off and have a great time.

Answer 6

I used that website http://www.echeck.pcti-system.com .. the one referenced by that detective guy. I found exactly what I was looking for. So much for Mr Right, or rather Mr Convicted Felon with 2 Liens against him totaling over 30,000$ and an ex-wife I never knew about!! Thank God I found out the truth before it was too late. We were almost engaged!!

Answer 7

If you are in UK, or another country that requires only a passport for entry, your criminal record will never enter into it.

*** ADDITIONAL ***

Ok, I got the thumbs down, but I stand by my answer. I too have a criminal record and have never had any sort of trouble traveling abroad.

I was not asked about the sort of offenses I committed when I applied for my passport and I have never been asked about any such offenses when traveling abroad, nor have I ever heard of anyone being asked about such offenses when entering the United States or any other country.

I have never heard of the United States requesting a criminal background for a tourist in the US on a passport, nor have I ever heard of anyone denied entry for such a crime.

The only case in which it would be an issue is if you were applying for a visa, which is not necessary when traveling from UK to US as a tourist, and even then, spent convictions, crimes committed as a minor or petty/minor crimes would not be considered.

As a barrister, I have represented several people with visa/immigration issues and NEVER have I heard of someone denied entry to the US from UK on a passport as a tourist because of a 24 year old spent conviction.

Answer 8

I have just checked for you - the conviction is classed as 'spent' and does not interfere with your travel plans in any way, shape or form - you do not have to declare the fact.

Answer 9

After twelve years it is a spent conviction, and no longer counts. You no longer have a record as such.

Answer 10

Declare it...can't be that bad.....and if it was then why did you take the blame for it? if you don't declare it it will come back to bite you in the ***