please help

Discussion in 'The Gash Barge' started by fighting4chavfreeuk, Jan 31, 2010.

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  1. Please help someone?

    I’m off to America in 4 weeks time but flying out with my 2 kids.
    About 11 years ago I spent 3 months over the wall for assault and direct diss.

    My problem is … Do I declare this or not?

    I believe I have 2 options

    1. Do not apply for Visa as you have to declare if you’ve been arrested or
    2. Get on plain and fill in the visa waiver form and say nothing

    Anybody been in the same situation?????

    I’m very worried as I know of a civvie who got deported back to UK when arrived in USA as he did not declare he had been arrested 16 years ago ?? This would be devastating for my kids if this happened
  2. How are they gonna know if you have been arrested or not?
  3. Errm - because US INS is tapped into the UK data-bases?
  4. i think they can check your criminal record at imigration when you arrive but not certain as to what offences they deem as unsutable. I believe the Navy pass on all custodial offences to the Polices criminal record date. :(
  5. You should declare everything, otherwise you risk getting turned away at your departure airport.

    You also need to complete the Electronic System for Travel Autorization (ESTA) before travelling on the Visa Waiver Program(it's free), and then complete the immigration and customs forms on arrival.

    The official US Government ESTA site is here:


    Be aware that there are some third party sites that will charge you to complete the ESTA - the official US site is free.
  6. but if i am honest and fill it in stating my offences i risk getting turned down and losing my money and 2 kids devestated. Thats why im asking if i should just say nothing and say never been arrested???? will it show up if i have been over the wall
  7. Visted the US in May 2007 with my wife and 2 rugrats using the visa waiver programme, having been over the Wall for 42days, wasn't asked by the rednecks on customs and didn't volunteer said info either. But then I don't consider DQ's or MCTC has a real prison so its not a real conviction either!
  8. I love reality TV Imigration shows where muppets who've been nabbed for past numptieness decide that not filling in a form correctly will foil International Imigration/Customs Service cooperation protocols.
    The look on their faces when they're rumbled is Mastercard priceless, so my advice is.... go for it FightingforchavfreeUK (The most ironic usename yet, seeeing that your criminal past hints at chavism in your own behaviour. Pot calling kettle?).
    I look foward to your appearance on 'Imigration Gotcha sucka' on late night SkyTV channels. :roll:
  9. Ninja_Stoker

    Ninja_Stoker War Hero Moderator

    So far as I'm aware the same rehabilitation of offenders act applies to those who have been detained in military prison - it maybe worth asking a solicitor to advise.

    What is a bit naughty is that a service conduct record sheet (Printed aptly on a yellow card) contravenes the Rehabilitation Of Offenders act as it stays with you throughout your career - even after the offences under civilian law are considered spent. For example I got a £70 fine for being an hour adrift (HMS Boxer) in Alicante in 1987 - it is still recorded.
  10. Out of interest Fighting for etc, what does the Dept of Homeland Security or the ESTA site say about eligibility for entry to the US under the Visa Waiver Program?

    The conditions of entry will be on there. I'm assuming you've looked?

    To be honest, few people here can tell you what to do, or will be able to apply on your behalf - you have to decide for yourself.
  11. Seen orf! I got a tenner and 7 days RPs for being 1/2 hour late (Nuts deep in Arboath twunt, I thank yew!) for a Guard duty in '81.
    RHIP methinks? :wink:
  12. I have a friend who travels to the states fairly regularly. He spent time in DQ's and has never declared it on his entry visa. That said his offence was back in the early 80's.

    I think as Ninja said you would be better to seek professional advice from a solicitor or even ring the provost in Portsmouth and ask them if you need to declare it.

    Hope this helps


  13. I can black cat that, honky fid in 1980, 30 seconds adrift, 3 days 14's and a £35 fine. It was a real pisser watching everyone go ashore whilst I was scrubbing and painting the ships side.


  14. Ninja_Stoker

    Ninja_Stoker War Hero Moderator

    Yep, I was a newly fledged PO at the time, plus the fact I think we were under 'sailing orders'.

    Bit of a downer really as it's 'bargain basement' half price fines when we're not under sailing orders.
  15. nz-bootneck I think you have missed the point here

    And didn’t come on this site for abuse thank you

    What I did 11 years ago is the past, and was not some sort of chav behaviour as you are alluding to. If you really would like to know it was a case of me twatting a chav who was beating up a stoker I knew down Union Street. (He won’t do that again)

    So my user name is a rather tongue in cheek comment of the scum that walks are streets. (Burberry wearing scumbags)

    Anyway back to topic and something you may not know by your comments.
    Europe has not yet signed up to sharing criminal records related to passports with the USA, you may be shocked by this but it’s true, why do you think you have to let them know????
    Obviously information that is shared with USA is intelligence and any offences that relate to terrorism, gun offences, drug related and sex offences.
    As yet by the EU ruling on human rights your passport can’t be used to gain your criminal record outside the EU unless you have committed a crime in that country.
    What I am asking is does my time over the wall count as a criminal record? As I believe it does if you have been to MCTC
    And if it does, would that stop me getting into the USA if I declared it? I know someone who has been turned down but was a civvie.
  16. Well i was hoping that some RN/RM may have been over the wall and been to states recently :roll: :roll: and for them to share with me what they stated on there visa waiver form ??
  17. For Stix,

    I'm guessing that the OP was hoping to discover if any at RR had recent experience of a parallel situation.

    I would imagine that there are some, but whether they will pick up on this and answer him is a bit of a long shot; especially at a weekend.

    For fighting4chavfreeuk,

    Hve you thought of asking the same Q at ROMFT?

    They have a similar 'clientele' there and most of 'em seem to be ex RN with 'many years in' and use that site regularly.

    With your dilemma it has got to be worth a shot.

    Best of luck, Plan B for Butlins 8O ??

  18. Don't declare it, they won't have a scooby and you will be absolutely fine. They take disciplinary issues in their own armed forces pretty seriously for the purposes of future employment etc so I can imagine that being carried over to their immigration policy.

    However they have no access to your criminal record without specifically requesting it with a precise reason, ie. it is not on their little screen at immigration. If you go informing them of it you will just make the chances of scuppering your trip far far higher.
  19. I was thinking along the same lines as you, less hassle
  20. sgtpepperband

    sgtpepperband War Hero Moderator Book Reviewer

    According to the advice from the website of Consular Affairs Department at the US Embassy regarding Electronic System for Travel Authorization (ESTA) Visa Waiver Program (VWP) for international travellers who are seeking to travel to the United States, you are not eligible for travel to the US under this scheme unless your offence is in relation to a motoring/traffic offence (regardless of whether it resulted in a conviction or not). In this case, the traveller must apply for a Visa.

    Travellers are reminded that the Rhabilitation of Offenders Act does not apply to US visa law, and and must possess a valid visa for entry into the United States. If you attempt to travel without a visa, you may be refused entry into the United States at your personal expense.

    Applicants who have been arrested or convicted are also subject to additional documentation and processing time.

    Why the OP did not seek out this information from the US Embassy in the first place is beyond me... :roll:

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