Visa for travel to the USA

TheRock

I am planning on going to las vegas in may for the big 3-0, however i have been told by some people that even if you have been arrested and NOT convicted they will not let you in.
I was arrrested in April 2008 for Assault and not convicted i was released with no further action.
am i likely to be refused entry to the us for this?

scottishperson2

TheRock wrote: »

I am planning on going to las vegas in may for the big 3-0, however i have been told by some people that even if you have been arrested and NOT convicted they will not let you in.
I was arrrested in April 2008 for Assault and not convicted i was released with no further action.
am i likely to be refused entry to the us for this?

Question on esta asks

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Of concern to you would be this part

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude"

Looking at the advice given by CBP it reads

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act. For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

Is your assault one of moral turpitude?

If its an aggravated assault/some family assaults (although I beleive this type of assault is still iffy as to whether MT or not)/a sexual assault then it is, and you need a visa, fact you were never charged makes it easier.

If its not one of the above then its not one involving moral turpitude and you can answer "NO" to the question on ESTA and use the VWP.

Just ensure you can justify it wasn't moral turpitude if asked by CBP.

TheRock

it was assault but not under the definition of the Moral Turpitude....... surely they cant refuse everyone that has ever been arrested or it'll be a nightmare!
mine falls under the below i think
simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)

scottishperson2

TheRock wrote: »

surely they cant refuse everyone that has ever been arrested or it'll be a nightmare!

They don't they only care about moral turpitude, drugs and more than 2 offences with jail time > 5 years.

TheRock wrote: »

mine falls under the below i think

Be sure, provide proof, previous case history in the US where your offence wasn't moral turpitude. Start looking for cases where it is.

Also get a copy of your PNC and see what it says.

VestanPance

Just answer no on the ESTA form. The USA does not have access to UK arrest or conviction information.

TheRock

scottishperson2 wrote: »

Also get a copy of your PNC and see what it says.

I have an enhanced CRB clearance if that would help?

scottishperson2

VestanPance wrote: »

Just answer no on the ESTA form. The USA does not have access to UK arrest or conviction information.

They do, they just do not have immediate access.

TheRock wrote: »

I have an enhanced CRB clearance if that would help?

Its for your own benefit, lots of people don't know what they were arrested for!

Pont

VestanPance wrote: »

Just answer no on the ESTA form. The USA does not have access to UK arrest or conviction information.

Unless things have changed over the past 5 years, this is my understanding too.

I know somebody who was very high up in US immigration and he told me that UK authorities CANNOT release such information. He also said that the USA CAN gather information from Interpol (don't think the OP's case would merit much interest!).

scottishperson2

Pont wrote: »

Unless things have changed over the past 5 years, this is my understanding too.

I know somebody who was very high up in US immigration and he told me that UK authorities CANNOT release such information. He also said that the USA CAN gather information from Interpol (don't think the OP's case would merit much interest!).

UK can release whatever information they want. No UK law prevents this as its seen as fighting crime etc etc and that opt-out is in any legislation. Information THROUGH Interpol (as opposed to information on the interpol databases) is asked for routinely. Freedom of Information requests to UK government have comfirmed that this is a (the main) channel for information flow.

Heres one of the FOI requests

Reference: T10839/9 3 August 2009

Dear *******

Thank you for your e-mail of 25 June in which you asked for the current procedure in place for information on the Police National Computer (or other criminal conviction-related information) to be shared with the United States.

The Home Office does not hold a copy of any agreement by which information on the Police National Computer (or other criminal conviction related information) is shared with the United States. We are however aware of the general process by which information is shared. In deciding to release the information we have considered that the public interest in relations to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour of providing the information.

The public interest reason in favour of withholding the information is to make sure that that those who have committed crimes or who have otherwise come to the attention of the law enforcement authorities in each country are not aware that information is shared between the United States and the United Kingdom. The Public Interest Test arguments in favour of disclosure are that it is important for members of the public to be aware that information is shared between the two countries. By doing this the public can be re-assured that criminals are not able to escape justice by moving country, or be committing crimes in a country that is not that of their nationality. In this case the public interest argument in favour of withholding the information is outweighed by the arguments in favour of releasing the information.

The United States authorities do not have routine access to criminal record information held on the Police National Computer nor is the Police Certificate Process routine access to the PNC by the American Authorities. The Police Certificate arrangements are with the individual applicants who may or may not choose to subsequently share the content of the certificate with the US authorities. Further information on the ACRO Police Certificate Process can be found on the ACRO website at http://www.acpo.police.uk/certificates.asp and on the application form page of the same website at http://www.acpo.police.uk/Certificates/Application Form 8.doc

The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.

Criminal conviction information on US Nationals who have been convicted of offences in England and Wales is extracted from the Police National Computer and sent, via Interpol channels to the United States in cases where there are fingerprints available and when the conviction is for imprisonment for 12 months or more or the offence is against national security or where sharing would be in the interests of public protection.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the below address quoting reference 12312:

Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

Source

http://www.whatdotheyknow.com/request/13707/response/41038/attach/html/3/09%2008%2003%20Final%20reply.doc.html

You will note

In deciding to release the information we have considered that the public interest in relations to the exemptions set out in Section 31(1)(a) [the prevention and detection of crime and 31(1)(b) [the apprehension and prosecution of offenders] of the Freedom of Information Act falls in favour of providing the information.

Which states information is released and UK Law does NOT protect this information flow.

The United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.

Pretty self explanatory there, its not records on interpols databases, they go through interpol to the PNC database.

Immigration fraud is NEVER a good idea as all CBP need to do is catch you in a lie and you're heading home.

VestanPance

The fact of it is unless your on a suspected terrorist list you'd breeze through immigration. Do you honestly think they contact Interpol about every single person entering the USA?

If you want the peace of mind then sure pay the money and go for an interview at the USA consulate.

In my previous job someone I worked with someone who got convicted for an assault charge. No jail time, but he now has a criminal record. He completed his ESTA answering no and in the couple of years before I left he'd been over for work and vacation there at least a dozen times.

Going through USA immigration they'll ask why you are there, where you are staying take an eye scan and on you go. Please note to say 'vacation' as they often get annoyed if you say 'holiday'.

scottishperson2

VestanPance wrote: »

The fact of it is unless your on a suspected terrorist list you'd breeze through immigration. Do you honestly think they contact Interpol about every single person entering the USA?

If you want the peace of mind then sure pay the money and go for an interview at the USA consulate.

In my previous job someone I worked with someone who got convicted for an assault charge. No jail time, but he now has a criminal record. He completed his ESTA answering no and in the couple of years before I left he'd been over for work and vacation there at least a dozen times.

Going through USA immigration they'll ask why you are there, where you are staying take an eye scan and on you go. Please note to say 'vacation' as they often get annoyed if you say 'holiday'.

The question asked was

TheRock wrote: »

I am planning on going to las vegas in may for the big 3-0, however i have been told by some people that even if you have been arrested and NOT convicted they will not let you in.
I was arrrested in April 2008 for Assault and not convicted i was released with no further action.
am i likely to be refused entry to the us for this?

Not, can I commit immigration fraud if its a CiMT.

VestanPance wrote: »

The fact of it is unless your on a suspected terrorist list you'd breeze through immigration.

Sorry, do you actually beleive that? If you're on the no fly list you wouldn't even get on the plane!

VestanPance wrote: »

Do you honestly think they contact Interpol about every single person entering the USA?

You're the only one who has even said that.

VestanPance wrote: »

If you want the peace of mind then sure pay the money and go for an interview at the USA consulate.

Even with a tourist visa you can still be refused entry to the US.

VestanPance wrote: »

In my previous job someone I worked with someone who got convicted for an assault charge. No jail time, but he now has a criminal record. He completed his ESTA answering no and in the couple of years before I left he'd been over for work and vacation there at least a dozen times.

And? Was his crime one involving moral turpitude? Whats "jail time" got to do with it?