US visas and a criminal record

**Timm1704** · 01-10-2007, 06:51 PM

ok im kind of scared of asking this question, as im afraid of the answer.

i have recently been convicted of an assault. its clear when looking into my past that i am not in any way a thug (worked with kids, still do, good rapour with police in areas i have worked etc) and have never commited any other offences.

am planning on training for a month or so at a wrestling school in canada, not working, just training. would i be able to even enter the country?

my long-term ambition is to live in america, is that well and truly, most definately ruled out now i have a criminal record?

i await your responses, please feel free to sugar-coat

**StoneGRMI** · 01-10-2007, 06:55 PM

Misdemeanor assault? If so you shouldn't have any problems.

**Timm1704** · 01-10-2007, 07:02 PM

Originally Posted by StoneGRMI

Misdemeanor assault? If so you shouldn't have any problems.

well in UK its called Grevious Bodily Harm, i plead guilty to breaking his jaw from a strike. shouldnt have plead guilty, as i, and everybody around me, think with all the circumstances i would have got away with it. for a start there is no proof that his jaw was broken as a result of my actions, because he started the whole brawl and was hit by another guy also

**STYLE74** · 01-10-2007, 07:08 PM

I don't think it would be a problem but then again what do i know.

**aadrenaline** · 01-10-2007, 07:51 PM

i dont think it would be a problem..im not 100% on this either, but i dont see why it would stop you

**crash187ct** · 01-10-2007, 07:54 PM

i wouldn't see that stopping you from becoming a citizen...

**Mizfit** · 01-10-2007, 08:06 PM

"Under United States visa law people who have been arrested are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction."

**Bojangles69** · 01-10-2007, 08:08 PM

Im not sure on the differences between American and UK laws.
But Ive had a good deal of problems with the law myself.

What you described in the US is felony aggravated assault, not misdemeanor, regardless of who started what.
If you didnt do time for it than the least you should have got was probation.
If you did time which I assume you would have mentioned, theres no way youd be allowed out of the country.
The terms of your probation would be set by your PO, terms of probation are very similar to parole. But this is all answered by your PO (if you have one)
I ask my PO everything and hes cool with me leaving the state for *1 day but no way in hell a minute longer.
If your not on anything. Than they cant legally stop you from doing shit.
If you could be more specific about your punishment I could give you better advice. All you said is you pled guilty, but what happened after that is the important stuff..

**donniebrasco** · 01-10-2007, 08:15 PM

ive been arrested and cautioned twice, with probation periods, ive also had other problems.
i have been to america a few times since then and never declared it and never had a problem.

**StevePJC** · 01-10-2007, 08:16 PM

Can't help on the Visa thing but if it's a pro school in Canada, hopefully it's Lance Storm's place. Good luck to you

**Bojangles69** · 01-10-2007, 08:26 PM

Originally Posted by donniebrasco

ive been arrested and cautioned twice, with probation periods, ive also had other problems.
i have been to america a few times since then and never declared it and never had a problem.

Yeh honestly when work asked I told them I had a first degree felony conviction. They did the background check in front of my face on speaker phone and the robot operator said (no report on Robert [last name]) Than they thought I was lying about being a felon and *werent gonna hire me.. go figure.
So I brought in my judgement of conviction and they hired me, most confusing shit in the world.
For school I just lied and said never convicted.
They system is worth shit imo.

**Timm1704** · 01-10-2007, 09:31 PM

to bojangles: i get sentenced in afew weeks, im expecting a suspended sentence (basically if i reoffend within that sentence, i will get locked up), community service and a fine. as its a first offence, and due to the circumstances, i do not think they will send me to jail for this conviction. as for probation, i think it means different things in the UK and the US. i have already had my probation, it will likely be the suspended sentence that will stop me from leaving the country for awhile

StevePJC: yes its lance storms place in calgary, and thankyou

**kobiack** · 01-10-2007, 09:36 PM

Originally Posted by Mizfit

"Under United States visa law people who have been arrested are required to declare the arrest when applying for a visa. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, a waiver of the permanent ineligibility is required. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are required to declare the arrest and/or conviction."

i thought that was just for felonies. it would be petty to deny someone their visa because they got too drunk and assaulted a security guard then attempted to assault a police officer...

**Mizfit** · 01-11-2007, 02:32 AM

Originally Posted by kobiack

i thought that was just for felonies. it would be petty to deny someone their visa because they got too drunk and assaulted a security guard then attempted to assault a police officer...

It's his word.. i know there r ways.. lengthy process of obtaining documents etc...

I know there r ways to get papers to help you out... The U.S has enough criminals and i beleive they try to keep more out.. makes sense to me

**Snrf** · 01-11-2007, 05:49 AM

Sorry mate no chance to move there. Visiting no problem but moving not a chance.

My friend has exact same charges from over 20 years ago (GBH) not section 18 (stabbing) or anything bad, just a fight. They told him to get lost when he tried to move there. visiting etc you're fine. Hell I'm a convicted drug smuggler and I recently visited but moving - no chance.

And Bojangles you're talking out of your ass! If he did time he wouldn't be allowed to leave the country? I have another friend who did 17 years total for armed robbery and attempted murder and he travels. There are members of this board who've done time and still travel.....I'm still on license (probation for you yanks) and I recently travelled to the US and Spain - got back on the 4th in fact.

**Jay-Ace** · 01-11-2007, 06:16 AM

Originally Posted by Snrfmaster

Sorry mate no chance to move there. Visiting no problem but moving not a chance.

My friend has exact same charges from over 20 years ago (GBH) not section 18 (stabbing) or anything bad, just a fight. They told him to get lost when he tried to move there. visiting etc you're fine. Hell I'm a convicted drug smuggler and I recently visited but moving - no chance.

And Bojangles you're talking out of your ass! If he did time he wouldn't be allowed to leave the country? I have another friend who did 17 years total for armed robbery and attempted murder and he travels. There are members of this board who've done time and still travel.....I'm still on license (probation for you yanks) and I recently travelled to the US and Spain - got back on the 4th in fact.

Agreed!!

But what makes me laugh is that he said the school is in Canada, not the US!!

Everyone here keeps quoting US law but it's Canadian law that applies. Being British actually has it's advantages with Canada being a commonwealth country and the laws applying can be significantly different to the US.

I'm not allowed to move to the US, but I'm allowed to move to Canada!!

**Snrf** · 01-11-2007, 06:18 AM

Yeah I was just talking about moving to the US like he asked, visiting Canada isn't a problem. I was originally planning to enter the US by flying to canada then having my gf pick me up and drive me across the border. Canada is much more civilized in that way. Not run by nazis like the US immigration tends to be.

**Jay-Ace** · 01-11-2007, 06:33 AM

Originally Posted by Snrfmaster

Yeah I was just talking about moving to the US like he asked, visiting Canada isn't a problem. I was originally planning to enter the US by flying to canada then having my gf pick me up and drive me across the border. Canada is much more civilized in that way. Not run by nazis like the US immigration tends to be.

My missus just came back from postoffice!!

Unfortunately the rules of entering the US are the same for road and air travel, you will still have to file a waiver form and they will still ask the same questions.

An alternative is that you can apply to the US Embassy in London for a waiver in advance. It costs around £90 and you have to attend a personal interview, they will assess your circumstances and character and then decide if you should be allowed entry to the country!!

**Snrf** · 01-11-2007, 07:05 AM

Originally Posted by Jay-Ace

Unfortunately the rules of entering the US are the same for road and air travel, you will still have to file a waiver form and they will still ask the same questions.

An alternative is that you can apply to the US Embassy in London for a waiver in advance. It costs around £90 and you have to attend a personal interview, they will assess your circumstances and character and then decide if you should be allowed entry to the country!!

Yeah but if you enter the US by road the UK authorities don't know you're planning on visiting the US and can't tip them off that a convicted whatever is trying to enter. Canada doesn't care what you are so its an easier way to get in.

legally speaking the UK authorities aren't allowed to tell the US about your convictions anyway, its a breach of the privacy act (or whatever its called) but if they feel like being twats they do occasionally tell them. Unless you're Mr Big they usually won't bother though.

When you enter the US by airtravel the US already has a file on you with like 20 something pieces of info, like how you booked your ticket, how you paid, your frequent flyer info etc. The UK can say you have a record as well, so flying into canada/mexico and driving circumvents this since neither the canadian or mexican authorities demand such ridiculous amounts of information.

Applying for a waiver in advance is just a good way of ensuring the US definitely knows you have a record. I'm in the process of changing my name anyway (hence me using two names when we chatted the other day!) so I'll definitely have no problems in future, its such an easy system to get around, but best to do it now if you want to do it, since technology is rapidly increasing and they'll one day integrate everything and be able to tell anyway.

**STYLE74** · 01-11-2007, 07:25 AM

Originally Posted by Snrfmaster

Yeah but if you enter the US by road the UK authorities don't know you're planning on visiting the US and can't tip them off that a convicted whatever is trying to enter. Canada doesn't care what you are so its an easier way to get in.

legally speaking the UK authorities aren't allowed to tell the US about your convictions anyway, its a breach of the privacy act (or whatever its called) but if they feel like being twats they do occasionally tell them.

Unless you're Mr Big they usually won't bother though.

When you enter the US by airtravel the US already has a file on you with like 20 something pieces of info, like how you booked your ticket, how you paid, your frequent flyer info etc. The UK can say you have a record as well, so flying into canada/mexico and driving circumvents this since neither the canadian or mexican authorities demand such ridiculous amounts of information.

Applying for a waiver in advance is just a good way of ensuring the US definitely knows you have a record. I'm in the process of changing my name anyway (hence me using two names when we chatted the other day!) so I'll definitely have no problems in future, its such an easy system to get around, but best to do it now if you want to do it, since technology is rapidly increasing and they'll one day integrate everything and be able to tell anyway.

So Timm should be good then.

**Snrf** · 01-11-2007, 08:33 AM

Yes I said that to travel he will be fine.

not so to move there, they do a CRB check if you apply for a visa

**StevePJC** · 01-11-2007, 12:34 PM

[QUOTE=
StevePJC: yes its lance storms place in calgary, and thankyou[/QUOTE]

Great! No better school in North America IMO.

**Jay-Ace** · 01-11-2007, 09:33 PM

Originally Posted by Snrfmaster

Yes I said that to travel he will be fine.

not so to move there, they do a CRB check if you apply for a visa

They do a CRB check when you enter the US by any means!

My grandad got stopped late last year coz 40+yrs ago he got done for tampering with a gas meter! Last summer my gf's brother got refused entry coz he'd been convicted of dangerous driving!! His wife was driving them from Toronto to Ohio!!

Trust me, they know!! The UK never tip off the customs about you, they are allowed to do so as the UK & US have a shared information policy whereby we can also check out the yanks when they come here!!

**Jay-Ace** · 01-11-2007, 09:34 PM

Oh,

And 2 names is a good idea. That'd be why my email addy is diff to my real name!!

**Snrf** · 01-12-2007, 04:33 AM

I'm positive they don't do CRB checks when you enter by road, cuz I got in! Mind you I did enter via the VT/Canada border which is middle of nowhere, maybe larger border crossings they do....

Either way I'm now someone else, did my deed poll yesterday so I think I'll be ok.

**Jay-Ace** · 01-12-2007, 07:12 AM

Originally Posted by Snrfmaster

I'm positive they don't do CRB checks when you enter by road, cuz I got in! Mind you I did enter via the VT/Canada border which is middle of nowhere, maybe larger border crossings they do....

Either way I'm now someone else, did my deed poll yesterday so I think I'll be ok.

Make sure you have NOTHING with swapped names!!

If you change the name on your bank account, loan, mortgage, drivers licence or passport the CRB will find out.

Their systems are integrated with the PNC and with the credit refernce houses. Also, the passport office and DVLA are also very closely tied as they are managed by 1 umbrella agency, if you change name on one the other will cross-reference and find out!

You gotta be real sneaky!!

**Timm1704** · 01-12-2007, 11:48 AM

just another quick question: whats the deal with gaining a visa with a record, if the person attempting to get in the country does so on the merit of sporting/entertainment excellence?

for example, nathan jones is australian, has appeared in several american films, and worked for WWE for awhile too, whilst living in america. he had served time in the past so i believe

**Jay-Ace** · 01-12-2007, 12:16 PM

Originally Posted by Timm1704

just another quick question: whats the deal with gaining a visa with a record, if the person attempting to get in the country does so on the merit of sporting/entertainment excellence?

for example, nathan jones is australian, has appeared in several american films, and worked for WWE for awhile too, whilst living in america. he had served time in the past so i believe

With $$$ there are ways round everything!!

A while back I spoke to an emmigration lawyer in the US and he said he could 100% get me a visa, but that it could cost $1000's to do so.

Basically there are small loopholes or there are ways to get round things

**Timm1704** · 01-12-2007, 02:14 PM

Originally Posted by Jay-Ace

With $$$ there are ways round everything!!

A while back I spoke to an emmigration lawyer in the US and he said he could 100% get me a visa, but that it could cost $1000's to do so.

Basically there are small loopholes or there are ways to get round things

thats what i suspected. sounds like there is atleast some hope lol. thanks for all the help guys, much appreciated

**kobiack** · 01-12-2007, 05:43 PM

OKAY!
i'm still trying to figure out why anyone would want to move here... unless you're from a third world country or something and you want to drink clean water but...
I live in the US. it's not that great here. everyone in mexico wants to come here, but everyone in the us wants to move to canada. it's a great place to visit... but man. you don't know what you're getting into.

**spywizard** · 01-12-2007, 05:56 PM

just do what the mexicanos do..

visit here on a visa, and stay...

just disappear.. the dems will be making a amnesty law soon, so you can stay..

come one come all..

**Snrf** · 01-12-2007, 05:58 PM

http://www.theregister.co.uk/2006/10...mmigration_db/

I really don't think they do share criminal record information on every passenger....doesn't sound like it above either.

http://www.theregister.co.uk/2003/09...abres_over_us/

the data "is checked against the combined federal law enforcement database, known as the Interagency Border Inspection System (IBIS). IBIS includes data from the databases of CBP and twenty-one other federal agencies. Names are also checked against the FBI's National Crime Information Center wanted persons database."

the only two countries I can find that openly share criminal record info are the US and Canada...nothing else anywhere about the UK/US.

have you got any concrete evidence they share this info jay?....i'm really hoping they don't is all!

**kobiack** · 01-12-2007, 07:25 PM

Originally Posted by Snrfmaster

[
the data "is checked against the combined federal law enforcement database, known as the Interagency Border Inspection System (IBIS). IBIS includes data from the databases of CBP and twenty-one other federal agencies. Names are also checked against the FBI's National Crime Information Center wanted persons database."

the only two countries I can find that openly share criminal record info are the US and Canada...nothing else anywhere about the UK/US.

so, what are you trying to say?

**Jay-Ace** · 01-12-2007, 09:07 PM

Originally Posted by Snrfmaster

http://www.theregister.co.uk/2006/10...mmigration_db/

I really don't think they do share criminal record information on every passenger....doesn't sound like it above either.

http://www.theregister.co.uk/2003/09...abres_over_us/

the data "is checked against the combined federal law enforcement database, known as the Interagency Border Inspection System (IBIS). IBIS includes data from the databases of CBP and twenty-one other federal agencies. Names are also checked against the FBI's National Crime Information Center wanted persons database."

the only two countries I can find that openly share criminal record info are the US and Canada...nothing else anywhere about the UK/US.

have you got any concrete evidence they share this info jay?....i'm really hoping they don't is all!

This is what I was told by the emmigration guys, and I'm drawing teh conclusion from the fact that I know probably over 2 dozen people who've been flagged up with convictions even though they have declared nothing!!