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Ely
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 100582
Experience:  US immigration attorney licensed in state and federal court.
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What fingerprint information is shared between the US and UK?

Resolved Question:

What fingerprint information is shared between the US and UK? Does the US have access to UK fingerprint database?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
This depends on the situation. Can you tell me a little more about this? In other words, what would this be for? An immigration matter to UK or to USA? A person going by another name? Etc, etc.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

With regards ***** ***** travelling to the USA on holiday who has prints on the UK police database following a caution.

Thanks

Expert:  Ely replied 1 year ago.
Thank you, Phil.
US will know this information, likely. While it does not always share fingerprints, it shares criminal information.
However, a caution is generally not enough to trigger a ban upon entry, since it is not a conviction. I doubt that the immigration authorities will even ask one about this upon entry, if one is using a VWP.
If you are going for a different visa such as a B2, etc, let me know (but similarly, this should not be an issue with just a caution).
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Ely, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 100582
Experience: US immigration attorney licensed in state and federal court.
Ely and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks.

According to the home office US doesn't have access to the UK police records and can only gain this info through making a request through interpol ?

Expert:  Ely replied 1 year ago.
In regards ***** ***** immigration authorities between the two countries do share intelligence and records.
Not fingerprints, but names and records may be pulled up if the US authorities want to do so.
The fingerprints - that may be what you are talking about in regards ***** ***** has to go through Interpol.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Thanks - it does seem rather hard to narrow down the process, a lot of contradictory information depending on the source!

It would however make sense that the intelligence sharing would be limited to more serious crimes - sexual offences or drug trafficking etc rather than a possession caution from several years ago? Would you think that this filtering would occur when applying for an ESTA? Surely an ESTA approval would lead you to think travel is OK!

Expert:  Ely replied 1 year ago.
It is contradictory because it is not public information. The authorities have reason for not disclosing their intelligence-sharing procedures.
First of all, I must backtrack a bit. Depending on what the caution was for - a visa MAY BE DENIED. See here. I assumed that the caution was for something very minor, but possession can trigger a denial.
An yes, an ESTA application will ask the UK to forward the entire police record.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Right OK.

Caution was received in Nov 2007. Would you therefore think that a waiver should not be required? As my planned travel is not far away.

Expert:  Ely replied 1 year ago.
What was the drug and how much of it?
Is this for an ESTA, or a B2, or another visa?
Customer: replied 1 year ago.

It was class A, less than 1 gramme.

It would be a holiday visa.

Expert:  Ely replied 1 year ago.
Thank you.
Marijuana?
Customer: replied 1 year ago.

Sorry no cocaine.

I am concerned that if I applied for a visa it would go to waiver of ineligibility which can take 6 months. As caution was received in 2007 would a visa be approved immediately?

Expert:  Ely replied 1 year ago.
Thank you.
Cautions from July 2008 onwards may amount to admissions of guilt for visa purposes. These would require a waiver.
If this was in 2007, then it should not be considered an admission of guilt.
However, because this is basically at the discretion of US authorities, there is a risk.
Frankly, one wants to do this:
1) Attempt the ESTA;
2) If denied due to the caution (unlikely), then apply for a B2 and use a waiver. That is it.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Thanks.

When you suggest applying for the ESTA would that be to tick 'no' to prior arrests and to see if this is checked? ( as I understand if you tick 'yes' it will be denied immediately)

Expert:  Ely replied 1 year ago.
No, there is really no special way to fill out the form. Regardless of what you put down, they are going to pull the file anyways. It is therefore best to be honest.
Being caught in a lie does increase chances of denial.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

Thanks for the advice.

I am aware of several examples where people who have served time in prison ticking no and travelling with no issues?. It is however not worth taking then chance

Expert:  Ely replied 1 year ago.
You are most welcome.
Honestly, this is unlikely to be an issue.
Worst case scenario? One gets a B2 visa and a waiver.
A rejection for ESTA is not going to "invalidate" one for another visa.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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