Travel

[wunderland]

thanks izzy and LS

[wunderland]

thanks izzy and LS and rflh,
yes my lawyers are working on this will let everyone know the outcome tommorow about loopholes etc

[Izzy]

Fingers crossed you get good news tomorrow.

[wunderland]

nope not allowed to travel moral turpitude bs...................... I just wish god punishes my false accuser because no words can explain.................im sure she will go to a dark place after judgement day

[RFLH]

I'm sorry to hear that, so much for innocent until proven guilty - again.

[Izzy]

I'm sorry

The moral turpitude arrest question on the waiver covers so many things, it must effect loads of people.
I read that America doesn't have access to any other countries criminal records apart from Canada, so I wonder how this all works when you don't even have a criminal record.

[wunderland]

Thanks rflh,izzy you are both so kind god bless

[Izzy]

Can't decide

We have the chance to go away in a few weeks and I can't decide if we should go or not. This year so far has been lost and I thought we would have heard something by now.
It would be nice to get away but can't seem to be able to book it as it seems like I'm tempting fate, sounds silly I know. Also have the fear that there might be some development when we're away, don't know if I can push it to the back of mind to enjoy a holiday.
Have this image of a siren going off when they scan my Sons passport, think I'm going mad!

[wunderland]

trying to get into america won't work my lawyer said 2 months ago he has had clients who were just arrested for moral turpitude and they were shocked when they landed in the usa the husband was arrested banned to travel to america also thrown in jail then he was sent back home he says no way even if your not convicted but just awaiting trial no way try get into the states to avoid a horror story

[Rights Fighter]

Good advice wunderland. Too many people say they will take the chance but it's really not worth the risk or stress because anybody travelling under such conditions would be looking over their shoulder anyway.....

[felix]

Travel to USA, Canada and Australia

Just to seek clarification.

My understanding that the moral turpitude question relates to the visa waiver scheme. You can get a visa if you go via the correct procedure which involves first an application via ACPO and then written submission to the US Embassy.

Is this correct anyone? I have yet to try it in anger.

Moderators - this is an important issue on travel - can we do a sticky and collect best practice / advice?

~Thanks Felix.

[felix]

From US Embassy Web Site

The basic message - for someone who has an arrest but not a conviction and who is not currently under investigation (ie NFA, DNTP or NC) - is that you can go to the USA, for example, but you have to apply for a Visa with an ACPO / ACRO certificate (£35) and possibly attend an interview at the Embassy.

It is more complicated and uncertain for those under investigation or with any convictions which fall under the moral turpitude category. Obviously rape does.

This from US site:

===================

Arrests and Convictions

Under United States visa law, anyone who have ever been arrested and/or convicted of an offense is required to apply for a visa. In cases where the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa and 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 and apply for a visa.

Documents relating to your arrest and/or conviction

Applicants are required to furnish an ACRO Police Certificate issued within 6 months of the date of the visa interview. Information on obtaining the police certificate is available from ACPO Criminal Records Office (ACRO) website. This Police Certificate covers the whole of the United Kingdom of Great Britain and Northern Ireland and is sent to the address provided at the time of the application.

If the ACRO Police Certificate states "No Live Trace" or does not list in full your arrests/convictions/cautions, you will also be required to furnish copies of the court record(s) covering all charges of which you have been convicted, or which are presently pending against you, if relevant. Another way in which to provide this information is in the form of a Subject Access Statement.

You are also required to complete and furnish a personal data form VCU1.

Important Notice for Applicants applying at the U.S. Embassy in London. The original police certificate will be retained on file by the Embassy. Applicants who wish to have the original document returned to them on the day of the interview should also bring a photocopy of the document and a stamped, self-addressed envelope.

==================================================

Obtaining an ACRO PC


Applicants are required to obtain an ACRO Police Certificate from the ACPO Criminal Records Office (ACRO) issued within six months of the appointment for the interview.

Note: You are required to furnish the original ACRO Police Certificate on the day of the visa interview. If you would like this document returned to you, you will also be required to furnish a photocopy and a stamped, self address envelope for its' return.


Important Notice for Applicants Applying at the Embassy

On the day of the interview you will be required to furnish the original ACRO Police Certificate and original court records, also known as a Memoradum of Conviction, if applicable. If you would like the original document(s) returned to you, you are also required to furnish photocopies and a stamped, self addressed envelope. Applicants appearing for an interview with only copies of these documents will be required to reschedule the interview as it will not be possible to accept their application.

============================================

http://www.acro.police.uk/police_certificates.aspx

Also this site covers requests for Subject Access requests for many police forces.

[wunderland]

They make it very hard for you with just having the arrest mark on your file buggers

[Izzy]

Just incase my posts weren't clear, I wasn't planning in going to America, I was just looking at any restrictions.

Felix, thanks for your posts and links. I did come across your posts when I was trying
to find info. on all this and to be honest it was a bit of a bad reality check, whatever happens. Definately looks like you need to go down the visa route, I would be interested to know if others had tried and how they got on.

[friday]

Obviously not related but my Dad is a convicted drug dealer and is able to go to America. He just has to apply for a visa so I would suggest speaking to them if you wanted to go and seeing what they say. You never know.

If it makes you feel any better I have to apply for a visa too because I've been sectioned and could well be refused due to the frequency of hospital admissions/mental health services contact. It sucks but unfortunately they make the rules, we just have to follow them.