Security Checks

[s_cass]

II have a 2/3 year old caution on record and I have spoke to the police and they have told me that for every single person entering the U.S that a check is done on them to see if they have ever been in any kind of trouble - even if they were arrested with no charge.
I am going to New York at the weekend and didn't know that this extent counted as I thought it would just be actual CONVICTIONS that meant you would have to get a visa.
Has anyone else been cautioned and gone to America and not declared it?
If so please give advice.
I am on this holiday with my boyfriend for his 35th birthday and don't want it to end before it start!!!!
Thanks everybody

[steve2010]

this question is asked nearly every week on here,the usa do not have access to the british criminal records,they will only be notified if you are a threat to their security,also maybe a drug dealer or anything of a real serious nature,thousand of people including myself have minor convictions and they get in to the states with no problems at all

[Buenchico]

The police are correct with regard to the rules but not necessarily with regard to the procedures.

The US Embassy makes it quite clear that anyone who has ever been arrested (even if they were completely innocent of any wrongdoing) is ineligible to enter the USA under the Visa Waiver Program and must apply for a visa. The application procedure is extremely lengthy, taking at least 5 months (and possibly longer). During much of that time, applicants are effectively barred from any foreign travel because their passport will be held at the US embassy.

For details of the visa application process, see my post here:
http://www.theanswerbank.co.uk/Travel/Question 289769.html

However, the police are only partly correct when they state that a check is done on all entrants to the USA to see if they've ever been in any kind of trouble. US immigration officers do check everyone's details on their computer database and, ideally, they would like to know about even the smallest misdemeanours. However, they have no direct access to UK criminal records and their database only includes the information which has been passed on to them by the UK authorities. For security reasons, neither UK or US officials will reveal exactly what data is passed on but, as long as your caution wasn't for something like possession of firearms or explosives, it's extremely unlikely that the information will be on the US immigration database.

Several people have posted, here on AB, to say that they've got into the USA by simply lying on the Visa Waiver form. (This includes a recent post from someone with Class 'B' drug convictions). You wouldn't even need to lie because the form doesn't ask about whether you've ever been arrested; it only requires you declare convictions for crimes of moral turpitude.

Chris

[JonnoGenie]

Your answers are here...
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf

[JonnoGenie]

>>Several people have posted, here on AB, to say that they've got into the USA by simply lying on the Visa Waiver form. (This includes a recent post from someone with Class 'B' drug convictions). You wouldn't even need to lie because the form doesn't ask about whether you've ever been arrested; it only requires you declare convictions for crimes of moral turpitude.

And most people asking questions here, do not come under the umbrella of 'moral turpitude' ,and quite rightly enter the Us on the Visa Waiver Scheme.

For those concerned, look at the US Foreign Affairs Manual (as linked), minor stuff does not stop you entering the US on the Visa Waiver Scheme. You are not 'lying' in any way.

The visa process in London does not stop you travelling for '5 months'. They stamp your passport 'Application received xyz' and give you your passport back. I had a lengthy application procedure, but got a visa in a month or so... during which I had my passport and travelled.

The US visa is not much fun, but ignore scare-mongerers...

[s_cass]

Hello there would just like to let everyone, especially those travelling to the U.S that we both had absolutely no problems whatsoever. So anyone worrying about a past, minor conviction, definitely needn't bother. The immigration officers were lovely and we just flew by.
New York was amazing and I can't recommend it enough.
I know things like this are posted on all the time but for anyone travelling soon I only got back this week so talking from recent first hand experience.
Hope this is some help (to anyone)!!!