American Vias

loonygooner

luci wrote: »

I think you should complete the Visa Waiver Wizard on the US Embassy website to see whether it says you should apply for a visa, assuming you haven't done it already.

Perhaps you don't need one if it was only a caution and not a conviction. Then you could cancel your visa appointment.

Whatever happens, let us know how you get on.

Thanks luci and Virgo149.

Luci, I have completed the ESTA application and the questiosn states "Have you ever been arrested"? This is obviously a rather straight question and I do realise that I could have answred NO, but I treated it all as a very hard learning curve and answered honestly.
I did know that I could probably have got away with it if I had answered dishonestly, but I hope that I will only ever have to have this encounter with the police once and never again.
P.S the Police were very good and I think knew my situation. The hardest part was not being able to phone my wife and let her know I was ok, she thought I had been involvd in an acident and was lying in a ditch. Theyneeded to search the house, with my 3 kids and see whether I had any stolen goods, quite rightly. Harder on her than me and did not help with the Post Natal depression......

virgo149

Loonygooner - you are very welcome.

In relation to the caution - they usually only have a lasting effect for 2 years so if it was more than that since your caution, I would say you could confidently ignore it now if you have not offended again.

In relation to answering yes to the 'have you been arrested question' - yes it is a matter of honesty - but I think one that you may have been able to stretch. Your drink driving conviction should now be spent under the Rehabilitation of Offenders Act (that's the whole point of the Act for certain offences - not entirely sure about DD'ing though - it's been a few years for me). I know exactly what you are saying about being honest but I do feel that certain circumstances are much more 'grey' than black and white.

To put your mind at rest if I can, before I became a Police Officer, I was arrested for a serious offence (wrong place, wrong time - along with 30 others). However, I would never even consider ticking yes to that box on the visa form.

I am sure you will be fine at interview. A friend has a very old conviction for handling stolen goods and had an interview last year to renew his visa (he'd had one before so had no choice but to go) and it was just a matter of routine.

Good luck and let us know how it goes.

loonygooner

virgo149 wrote: »

Loonygooner - you are very welcome.

In relation to the caution - they usually only have a lasting effect for 2 years so if it was more than that since your caution, I would say you could confidently ignore it now if you have not offended again.

In relation to answering yes to the 'have you been arrested question' - yes it is a matter of honesty - but I think one that you may have been able to stretch. Your drink driving conviction should now be spent under the Rehabilitation of Offenders Act (that's the whole point of the Act for certain offences - not entirely sure about DD'ing though - it's been a few years for me). I know exactly what you are saying about being honest but I do feel that certain circumstances are much more 'grey' than black and white.

To put your mind at rest if I can, before I became a Police Officer, I was arrested for a serious offence (wrong place, wrong time - along with 30 others). However, I would never even consider ticking yes to that box on the visa form.

I am sure you will be fine at interview. A friend has a very old conviction for handling stolen goods and had an interview last year to renew his visa (he'd had one before so had no choice but to go) and it was just a matter of routine.

Good luck and let us know how it goes.

Thanks once again, I have not offended since and hope that I never have that problem. Caution was approx 2 years ago but know it is still on my record with a PNC number. I assume that is a Caution, can you confirm?
Fingers crossed for the interview in March, we have paid for the holiday already (never entertained the Visa process before booking) and so hope that all goes well.
Does anyone have any handy hints ref interview, I understand that you turn up in the morning and just have to wait until you are called. No mobiles allowed etc etc.....will be along day.
Thanks one and all, support much appreciated

HGLTsuperstar

Unless it varies between police forces, and if so please correct me, I know from the experience of a close confident, a caution is active on CRB checks etc for 5 years and can then be applied (you do have to ask - its not automatic) to be "stepped down". If approved it is still viewable to the police but olny shows on relavant enhanced CRB checks.
There is a website that explains it - I dont know the address but I can ask and get back with it if that helps.

loonygooner

HGLTsuperstar wrote: »

Unless it varies between police forces, and if so please correct me, I know from the experience of a close confident, a caution is active on CRB checks etc for 5 years and can then be applied (you do have to ask - its not automatic) to be "stepped down". If approved it is still viewable to the police but olny shows on relavant enhanced CRB checks.
There is a website that explains it - I dont know the address but I can ask and get back with it if that helps.

Thanks HGLTsuperstar, that would be helpful.
There seems to be a lot of confusion/ambiguity concerning all this and I wil just have to see what happens on the day. I have no choice but to accept the decision of the embassy and have said to my wife that she should still go if I am refused entry. We do have friends going and are all staying in a Villa so would see that as a half way point.
Anoher sleepless night done and another 40 until the day of interview.

duchy

I'd suggest if you had any counselling/treatment for the stress and depression that led to the shoplifting that a medical report saying this was a one off brought about by circumstances might be a useful bit of additional documentation to bring to the interview.

FH_Brit

loonygooner wrote: »

Yes, think I knew thatI could have blagged it but I am trying to be honest with it all and realise that it may cost me now. I did the shoplifting when my wife was going through post natal depression after the birth of our girls and have ben informed by a psychiatrist who assessed me after that it was a cry for help.
I know this won't help my case but I am not a dishonest person I believe, just been hit my personal circumstances and it seems that the whole family may suffer due to it

All previous visits were prior to the charge in 2007.

This is what I've heard.......

What's worse? You get your visa or you "lie" and Hide it, then they arrest you upon arrival along with your whole party, and refuse you all entry into the USA. Oh and by the way I have heard that if there is no other flight out that day, the'll bang you all up in jail, and charge you for the privilage, then put you out in the morning, and just another point this would be re-patriation not deportation, the difference?, you pay for re-patriation (look at your tickets for yoiur holiday flight, something like "not valid for re-patriation or deportation" - that means you got to buy new tickets to get home).

My friend got caught in Cairns (Australia) for being behind with Aussie taxes - cost him £6,500.00 and he could not return to Aus for 3 years.

Hope it goes ok for you,

C. (ex Chauffeur to Arsenal F.C & Spurs Supporter!)

FH_Brit

May I point out - all you guys that are quoting "rights" and "laws" even Virgo being an ex-plod .......

He is applying to go to a different country any UK rights/laws are irrelevant, the US government makes the rules here not the House of Commons/Lords.

Any offence (howsoever minor) must be disclosed even a caution the question is "guilty of offence" not court the fact that you admnitted guilt is the important thing not that you were sentenced in a court. Secondly any offence that is considered "spent" under The Rehabilitation of Offenders Act must be declaired to US Officials. Remember guys - that's why you go to the Embassy for the interview = you are on American soil not British and US law is in effect.

Gooner - the interview is fine - I did it to move here permanently - but be honest, it's worse if you hide it.

Also remember being an ofender does not automatically disqualify you for a visa, they just want to keep track of you, and keep unwanted people out (violent crime, sexual offenders, Bin Laden etc!)

Ask the people who know
http://www.usembassy.org.uk/

Marty_J

FH_Brit wrote: »

Remember guys - that's why you go to the Embassy for the interview = you are on American soil not British and US law is in effect.

That's not true at all. The US Embassy in London is not US soil, and UK laws apply there.

And I agree with dontdoit completely. The US Embassy's website is OK for very broad general information, but it contains a lot of inaccurate information and is all over the place.

What US law says and what the US Embassy's website says are often two very different things.

alanrowell

The US Embassy - like all embassies - is an extension of that country, so US laws do apply. If the police want to enter the embassy they can't unless given permission to do so

Remember the Libyan & Iranian embassy seiges?