ESTA entry fixed penality notice

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VestanPance wrote: »

I can think of one person that will be along soon to detail to great extent the rules and quote moral turpitude etc.

In truth no, you'll be fine. The USA don't have details of any UK criminal records and they only go looking if you're a suspected terrorist/drug smuggler etc.

If asked at immigration just don't admit to it. The chances of them even asking are almost null. Normally it's just purpose of visit, take photo now b*gger off. Just don't smile at them, they don't like smiling!

Has that person been along yet? They didnt mention Moral turpitude etc

OP you will be ok

I am someone who has always had pleasant experiences at USA security, I always smile and chat

dzug1

scottishperson2 wrote: »

If you were neither arrested or convicted the answer on ESTA would be NO.

But don't you have to be arrested before you can be given a fixed penalty notice?

[Deleted User]

When they asked us if we were carrying any food my wife said yes a packet of biscuits would you like one? he went into a fit of the giggles .

scottishperson2

dzug1 wrote: »

But don't you have to be arrested before you can be given a fixed penalty notice?

No, the ideal behind it was to cut down the processing time for minor offenses and issue on the spot fines instead of processing people.

If you look at this http://www.derbyshire.police.uk/Documents/About-Us/Freedom-of-Information/Policies/FixedPenaltyNoticesforDisorder%28PND%29-Guidance.pdf that includes cannabis possession AND no record is kept on the PNC for that offense.

Taking that to the extreme, if you were arrested, then de-arrested and offered a FPN for theft you would fail ESTA, if you were just issued a FPN you would pass ESTA.

Not even having to mention moral turpitude (sorry) as the question asked is

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 controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

As he was (probably) not arrested, definitely not convicted in a court of law (police officers don't yet have the power to convict!), probably isn't a substance trafficker or going to the states to engage in criminal or immoral activities, the answer is NO.

The "advice" given here

VestanPance wrote: »

In truth no, you'll be fine. The USA don't have details of any UK criminal records and they only go looking if you're a suspected terrorist/drug smuggler etc.

If asked at immigration just don't admit to it.

Is totally wrong and also totally illegal. Get caught and you face up to two years in jail.

He also has extremely limited knowledge on this matter and beleives that lying is the way ahead, even thought if you were neither arrested or convicted there is no need to even consider that course of action.

claire16c

Mr_Wang wrote: »

You know, I remember reading on this forum about a guy who was speeding in the US and got stopped, the police dragged him out of his car and had a gun to his head........then I got stopped twice in 2 different States and was encountered by nothing but friendliness.
Then I read stories like you just wrote and consider my own experiences at US security and think to myself I must just be lucky because in about 12 visits to the US I've just been met with smiles and once or twice a touch of coldness. Never anything remotely like you just explained so I wonder...are people just scaremongering, assuming, or just plain making things up?

Ive had some real jobs worths. One last year who after lots of questions about my job, what I was doing there etc, told me I had filled in a bit on the form wrong about where I was staying, when I had not, and HE was telling me the wrong thing to write. But he kept asking me what I should have written there - so I told him the answer - but because he wanted a 'wrong' answer, i couldnt answer to his liking, so we went round and round in circles! And you have to stay polite and not answer back of course.

My DH also has a problem because his surname is one of the most common in the UK and so is his first name. They call it a 'common name'. So apart from the last visit, every single time Ive been to the US with him before that, hes been taken off for extra questioning to a room, or once they just did it at the immigration counter. They werent nasty to him any of those times but the problem is Im not allowed to wait with him, so I have to go through to baggage and hope to god he comes out the other side.

So when we got married, we made our names double barrelled - for some other reasons too, but at least now this shouldnt happen - although our passports dont expire til next year so still got this years trip with his 'common' name to go!

My friend works for BA and so hears lots of stories. One of her friends is Asian, and the hassle he gets each trip is pretty bad. And then theres my friend who has a metal plate in his head and sets of every alarm known to man in the airport :rotfl:

Mr_Wang

claire16c wrote: »

Ive had some real jobs worths. One last year who after lots of questions about my job, what I was doing there etc, told me I had filled in a bit on the form wrong about where I was staying, when I had not, and HE was telling me the wrong thing to write. But he kept asking me what I should have written there - so I told him the answer - but because he wanted a 'wrong' answer, i couldnt answer to his liking, so we went round and round in circles! And you have to stay polite and not answer back of course.

My DH also has a problem because his surname is one of the most common in the UK and so is his first name. They call it a 'common name'. So apart from the last visit, every single time Ive been to the US with him before that, hes been taken off for extra questioning to a room, or once they just did it at the immigration counter. They werent nasty to him any of those times but the problem is Im not allowed to wait with him, so I have to go through to baggage and hope to god he comes out the other side.

So when we got married, we made our names double barrelled - for some other reasons too, but at least now this shouldnt happen - although our passports dont expire til next year so still got this years trip with his 'common' name to go!

My friend works for BA and so hears lots of stories. One of her friends is Asian, and the hassle he gets each trip is pretty bad. And then theres my friend who has a metal plate in his head and sets of every alarm known to man in the airport :rotfl:

I travelled with the kids a while back and was asked if I had 'permission' from their mother. I said 'they are in my custody, so it's not required, but yes' he took off his glasses and placed them on the desk and said 'if I ask you a question you answer yes or no, do you understand' that was a one off.

Contrast that with turning up at Los Angeles having just flown from Singapore with a layover in Tokyo and putting my destination as Barstow (middle of desert outside LA) and being asked 'what business do you have in Barstow' I said 'none, I've just travelled for about 36 hours, have crossed the international date line and want to drive as far toward Vegas as I can and Barstow seemed a reasonable place' to which he replied 'well I guess I ought to let you get off then, have a great trip'