US entry

[Smithy3000]

I want to go and see my mate in October in Ohio.

I was recently convicted for 25 of criminal damage through the courts. Part of the sentance is a football banning order, which makes the crime seem worse than it is.

When arrested in UK they took my finger prints. In the US upon entry in 06 (when I had no record) they also took my prints. Would these now match up if I try and go in on a VWP?

Also the nature of my sentance FBO makes it seem much worse than it is. Are the US likely to take a very negative stance of this if I applied for a proper visa (it actually includes giving my passport in when England play away for example)

Main question really is on the waiver form does it ask you if you have ever been arrested/convicted or just ask you if you have been convicted of a crime that falls in the moral definition. If its the latter I think I am ok because I would be telling the truth as my crime does not, so I could plead ignorance if I get pulled.

End of the day it is 25 quid worth of Criminal damage with a restrictive sentance. US and UK authorities have my prints. Should I take the risk?

Cheer in advance.

[dzug]

Your crime may well constitute moral turpitude - malicious destruction of property comes under this heading. You will not get a visa if this is the case - it's the nature of the crime they look at, not the value of the property involved.

No one is matching prints in the UK criminal database with those in the US immigration database though.

[JonnoGenie]

Agree with Dzug. You did the crime, and now you're 'doing the time' (and as far as the US is concerned, it will be a long time).

[Smithy3000]

The thing is if the UK and US are not sharing information.... How will they know?

I didn't mean to do the damage it was a kick out in frustration that accidently broke a seat. What advice would you say then don't go for a visa and try and go for it? Are you guys saying my chances of making it to the United States ever is limited?

[Smithy3000]

In response to the first answer it was not malicious destruction of property, I did not mean to break it. I kicked a seat when my team let in a goal therefore I figure it comes under the non moral turpitude of Damaging Private Property (Where intent to damage not required). Agreed?

[dzug]

Well yes the US will not know of your crime unless you tell them or they trick it out of you.

And you look as though you've read the wiki article on moral turpitude and it sounds as though you don't think your particular action came under this heading.

Remember it's what the court thought of your action - not just your assertion it was accidental - that counts. If they thought it was malicious it was, regardless of what you say.

But the bottom line is that you are likely to be OK ticking the 'no' box on the VWP form, whether it's true or not.

[Smithy3000]

Thanks for your reply Dzugs. The court actually accepted it was an accedent I was convicted for Criminal damage for the action being "Reckless" rather than doing it with intent. So ethically I am comfortable ticking the other box.

The way I understand it is its the US interpretation rather any UK law. I would like to go by the book but fear I may not get in. Its a shame but I feel I will chance it. I am no criminal just lashed out once in frustration a silly mistake that was all. Do you understand it fro mmy shoes?

[JonnoGenie]

I understand it, it sounds like a bit of a ******.

But for the police to have arrested and charged you... the US authorities would judge it upon that.

You could quite possibly get in on the Visa Waiver Scheme, whether entitled or not. Read the US Foreign Affairs Manual (see previous posts) for the absolute benchmark definition of moral turpitide.

If you were taken to 'secondary inspection' at a US port of entry, it is half way to an inquisition, and it is not nice. And yes, you can expect them to throw 'trick questions' at you...

(Last time I went through it, the guy kept demanding 'Tell me something I don't know!' - still to this day haven't worked out what that meant or implied)

[Smithy3000]

Did you get in? Or did they pic kyou at random? Have you got a CR sorry about being nosey jsut trying to relate it to someone who has been in a similar position