Entering USA with criminal conviction

[Shazabela]

Hi I know this question has been asked a million times before but.........My b/f has a conviction for robbery and was sentenced to five years about 15 years ago. We are hoping to go to the US and he wants to just tick no on the Visa Waiver....I'm not so sure. Any advice greatly appreciated!!

[Shazabela]

If my b/f completes the ESTA and says "no" to any criminal convictions and it's not picked up how likely would it then be for him to be stopped at customs in NYC?

[Infomad]

Shazabela,

When you and your b/f have finally made your decision whether to fill out the ESTA or apply for a visa could you let us know the outcome, as i'm sure it will answer so many peoples worries about the ESTA andhat info the US has on our criminal records.#

Thanks

[rubbishname]

Robbery (and this is an aggrevated robbery) is a Crime involving Moral Turpitude)
Petty Offenses clause does NOT apply (due to possible sentence and actual time served)

ESTA will NOT pick this up, as ESTA does not search on these criteria. ESTA is used to prevent Terrorists, previous VISA abusees, Wanted people etc from travelling.

The information on ESTA is used alongside the US-VISIT system. US-VISIT is the fingerprint/photo process backend. This system links to NCIC (National Crime Information Center) which contains details on the UK conviction (but not seemingly the memorandum of conviction). This system will alert U.S. Customs and Border Protection Agency there is a problem, and he will be refused admission.

NCIC and all VWP share this information freely. Data Protection rules do NOT apply.


There is lots of documentation out there regarding this

For example

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY Sec. 212. [8 U.S.C. 1182]

District of Columbia Official Code (to check US sentencing guidelines)

End of the day, even with a Visa, the Border Protection Agency can deny you enyrt.

[rubbishname]

Carrying on from above. Do a google on the following and read

"privacy impact assessment for the electronic system for travel authorisation June 2 2008"

to see what ESTA checks against

"US Department of stat foreign affairs manual Volume 9 - Visas"

and most importantly for those that think riminal information isn;t passed between countries

the National Crime Information Center system

[citcat21]

rubbishname......can you please tell me what the 'petty offenses clause' is?

[biologist]

AGENCIES HAVING DIRECT ACCESS TO THE POLICE NATIONAL COMPUTER

British Transport Police;

Civil Nuclear Constabulary (previously the UK Atomic Energy Authority Constabulary);

Isle of Man Police;

States of Jersey Police;

Guernsey Police;

Ministry of Defence Police;

Royal Military Police;

RAF Police;

Secret Intelligence Service;

Security Service;

National Ports Office;

National Identification Service;

National Criminal Intelligence Service;

National Crime Squad;

Scottish Crime Squad;

Scottish Criminal Record Office;

Northern Ireland Criminal Record Office;

Regional Criminal Intelligence Offices;

Port of Dover Police;

Hendon Data Centre;

Police Staff College, Bramshill;

Police Information Communication Technology Training Services (PICTTS), Leicester;

Immigration Service;

HM Revenue and Customs;

Post Office;

Financial Services Authority;*

National Health Service;*

Department of Trade and Industry;*

Office of Fair Trading;*

Central Summoning Bureau (Dept of Constitutional Affairs);

Department of Work and Pensions* (previously Dept of Social Security);

Criminal Records Bureau;

Forensic Science Service;

Motor Insurance Database;

HM Prisons (some of them);

National Enforcement Service;

Drivers Vehicle and Licensing Authority; and

Schengen Information System.

It doesn't say on this list that the Americans have access to the police national computer. I doubt very much they give information on everyone, just the dangerous people.