Huntyuk

iTrader: (1)

Hi all,

i recently got convicted of Assualt (section 39)

whats the chances of me being able to go to america for a holiday?

davyboy

Just don't admit to them that you are a violent thug.

Huntyuk

iTrader: (1)

im not Violent! - i got hit in a club so when i saw the guy outside i ran over and pushed one of his mates out the way that was blocking his path ... he stumbled into his girlfriend and she fell over ... so i got done for wreckless assault on her! absolute bullshine.

CRB checks will surely show im lying?

T25 DOC

As I understand it you will need to take a trip down to US embassy (make appointment) and sit an interview as to why you are visiting, explaining job circumstances etc etc. They will review situation, and make decision but you can be declined entrance which may result in permanent ban. I wouldn't suggest not doing this though, given the security checks now made in the states - although likely to be able fly out - you'll be put straight on the next flight home at the airport. Based on what you've said, given your conviction, it's a little harsh as it's not like your a serial killer.....

stevebt

iTrader: (8)

They get Homeland security to check you out so even if you don't admit to it I think they will find out? Surely a small assault charge won't stop you getting in?

hodgy0_2

i doubt if they need to do a CRB check

i would suspect they have a direct line into your criminal record

wayne9t9

You don`t need a visa for a holiday.

stevebt

iTrader: (8)

You need this and you have to say about offences in the form and if you don't have it you can't get in.


https://esta.cbp.dhs.gov/esta/

donny andi

iTrader: (3)

Does having a bit of a past actually stop you from going to America for a holiday?
I had a few run ins with the police years ago like.....never thought it would stop me jumping on a plane for a couple of weeks away

sunny1989

NIL I'd say.. I wouldn't bother applying for the visa.

You won't even get one issued if you've a drink driving offence.. so for an Assault charge forget it.

sunny1989

If you were physically convicted of a charge then yes you won't get the visa granted.

donny andi

iTrader: (3)

Better let my young ones have a look at euro Disney

RobsyUK

iTrader: (2)

vics brother spat at a copper, all charges were dropped (over 10yrs ago)
He still had to have the interview at the embassy to see if he was allowed in! Was also refused entry to Canada and sent straigh back for the same mess.

hill79

A mate of mine has a GBH charge from years ago (She assaulted her sisters abusive partner... no excuse but perhaps an understandable emotional response to the situation). Couldn't get permission to visit the States this year due to that conviction. They take a very hard line on these things.

donny andi

iTrader: (3)

Shocked and surprised me all that......I know your record never actually goes away but thought it meant nothing after 10 years

The uk trust me with guns.....but a holiday in America is a no go

wayne9t9

Immigration rules say your not allowed in if you have a police record. The online form you fill in is for a visa waiver, it used to be a big card you filled in called an I-94W. If you tell them you have a record your not allowed in. If you don`t tell them you might get away with it, you might not. Your gamble.

ScoobyWon't

Have you actually looked at the list of offences which preclude you?

sunny1989

The yanks take the hard line with any form of 'criminal activity' but yet they let psychos run around with firearms in their own backyard.. never fails to amaze me!

donny andi

iTrader: (3)

Just this minute said that to her indoors.
I personally think if your honest on the forms and have to go for a interview to explain your past.....there shouldn't be a problem if it is and can be shown your past.

It took me 5 years to get a shotgun grant but they finally realised it was all in the past

Markus

As said by others, best bet is to check with US Embassy in the UK and find out if you're inadmissible for entry.

I believe after a certain number of years after you committed the offence you can apply for rehabilitation which will then allow you entry, though this might be US only. Check out the british expats forum, specifically the US section and they'll probably have more info there.

If you decide to chance it and lie, then you'll only find out when you land in the US, and so you have a nice plane ride back home. Personally I would not take the risk, as I think if you are refused entry then it's for at least five years.

Cityboy1

iTrader: (4)

You will get into America. If this is your first conviction and it's for a S39 assault it suggests that you didn't admit it on your first opportunity as, with a previously clean record and no aggravating factors you should have been eligible for a caution unless it's domestic related. The visa waiver refers to offences concerning moral turpitude, which mainly cover dishonesty, fraud and more serious assaults. A 39 or common assault is the lowest penalty tariff and will not preclude you from admission to the US.

windyboy

A few years ago I was done for driving with no insurance and was fined and got points, I was told because of that I might need a visa so I rang the US Embassy and spoke to a fella at £1.50 a minute for about 20 minutes !!!!! he told me that I needed a ACPO check done to see if there was anything on the police computer about me, that cost me about £20 (I think) and it came back clear (possibly because I was stopped and charged by the PSNI). If there would of been anything nasty about me on the police computer I would of had to get an interview with the embassy and that would of cost me about $40 but as there was nothing I applied and got my ESTA without any problems.

If you do decide to go use the ESTA link in one of the previous posts and it costs $14 (I think) per person, other website's say they will do it for you and will charge you more so you're better using the official site, you may also need an International Driving Permit so do a search on here for several recent threads regarding it

windyboy

Daryl

The Americans have no way of knowing if you have a criminal record, they just rely on people admitting it. Fact!

stevebt

iTrader: (8)

I have just remembered, about 26 years ago I was in court for a very serious charge as we were involved in a brawl at a football match. Rioting was dropped and we were up on the next lesser charge. Some of my mates recieved suspended sentences and I was bound over. I completely forgot about this so and I have been to America a few times and have only just got back from there at xmas. I would not bother mentioning your assault charge as its pretty minor so I pressume you will be ok?

Markus

Do you have evidence to back this up? If so, please provide it as you're claiming to be presenting your statement as fact.

Are you so absolutely positively sure of this that you would not declare a criminal offence on an ESTA if you filled one in to travel to the US?

I would not be shocked if the US / UK shared information, but I don't have proof either way. However, if I had a conviction, as previously stated, I'd be contacting the embassy about it, and then making a decision based on their answer. Sure, you could just lie on the ESTA (or I94-W if you are entering by land) but if they do find out, you're refused entry from the US. Not sure if they stamp your passport, but if so, then if you try and enter another country, they'll want to know why you were refused entry to the US, what would you do then? Lie, or tell them it was because of a conviction, and you lied on the ESTA? That's compounding things and not likely to impress the immigration staff.

cobra_mark

Well remember Cheryl Cole had an issue once going to the USA, didn't she get done for affray or something like that.

Anyway the US and UK are joined up on TAX dodging FATCA law in a few months, what fun

nik52wrx

An article in the Telegraph states that the US have no access to Britsh criminal records, apparently confirmed by the home office.


http://www.telegraph.co.uk/travel/co...-in-bloom.html


Nik.

Daryl

As you say, if you had a conviction you'd contact the US embassy, which is what they rely on.

There is no way of me proving to you that the US authorities do not have routine access to the criminal records of British citizens, but I can say with absolute certainty that they do not. Take that any way you wish!