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USA visa advise

Just wanting to hear if anyone else has been in the same position as me and what the outcome was, so I can best prepare myself.

14years ago I was wrongly arrested for GBH. The real culprit was found, charged and sentenced and I was released with no charge. Obviously I have declared this on my visa application, will apply for ACRO on Monday. Embassy appointment is in April. Do you think it will be declined as it was GBH? Even though I didn’t do anything wrong? Just a wrong place/wrong time thing. I’m so scared of being refused entry.

TIA
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Comments

  • eDicky
    eDicky Posts: 6,835 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 24 February 2018 at 11:05PM
    Nothing to be scared of, in your case it's just a formality. You can search this board for the many previous experiences. GBH is a respectable crime in American eyes anyway...
    Evolution, not revolution
  • GBH is a respectable crime in American eyes anyway...

    Is it not a bit early for 1st April stuff ?

    I reckon a conviction for such a crime in the UK would be a major impedement for an entry visa to the USA.

    However, as the OP has no such criminal record then there should be no issue,
  • I'm curious here, why has the Op even questioned this? Surely if they have a clean record can they not just apply for an esta in the normal way? I cannot remember the esta questions but is there one that asks have you ever been arrested?
  • NoodleDoodleMan
    NoodleDoodleMan Posts: 4,457 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 26 February 2018 at 11:21AM
    https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

    It appears that an arrest, regardless of the outcome, is grounds for a recommendation that an applicant attends an interview rather than apply under their Visa Waiver Program without making such known in advance.

    Only the OP will know the specifics of the case - best course of action is to be 100% transparent upfront.

    In the past I've flown to the USA several times and completed the VWP onboard the aircraft, without any issues, well before the ESTA was introduced.

    TBH - not clear on why both procedures are still used, I reckon it would be best to adopt ESTAs only prior to booking a flight or holiday etc.

    Obviously there will be a valid reason for both.
  • eDicky
    eDicky Posts: 6,835 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Is it not a bit early for 1st April stuff ?

    I reckon a conviction for such a crime in the UK would be a major impedement for an entry visa to the USA,
    GBH, if I'm not mistaken, is not considered a 'crime of moral turpitude' by US authorities, so is relatively respectable and a conviction less likely, in itself, to cause a visa refusal than many other crimes.
    not clear on why both procedures are still used, I reckon it would be best to adopt ESTAs only prior to booking a flight or holiday etc.
    These days you will be unable to board a US-bound flight without a valid ESTA or visa.
    Evolution, not revolution
  • GBH, if I'm not mistaken, is not considered a 'crime of moral turpitude' by US authorities, so is relatively respectable and a conviction less likely, in itself, to cause a visa refusal than many other crimes.
    I can't think the Yanks would be willing to overlook a felony - but nothing about the USA surprises.

    Doesn't apply in this case if the OP has no conviction - but they'll still be interested in his arrest scenario.
    These days you will be unable to board a US-bound flight without a valid ESTA or visa.
    I thought you could complete a Visa Waiver Form onboard the aircraft before landing - however that would not guarantee entry.

    So now you have to have one or the other before departing ?

    Some of the questions on the VW form I remember grabbed your attention - like "are you, or have you been a member of the Communist party " - and "have you been convicted of Nazi war crimes?" - or words to that effect.
  • tberry6686
    tberry6686 Posts: 1,135 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Visa waiver forms haven't been available on any flight I have taken to the US for several years now.

    I believe that the only 2 ways are now with an ESTA or a visa.
  • heatherw_01
    heatherw_01 Posts: 6,823 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I thought you could complete a Visa Waiver Form onboard the aircraft before landing - however that would not guarantee entry.

    So now you have to have one or the other before departing ?


    Yes you have to have one before you get there, ESTA or VISA
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  • Visa waiver forms haven't been available on any flight I have taken to the US for several years now.

    If memory serves the cabin stewardess went around offering VW forms last time we flew to the US - we had ESTAs so these were irrelevant to us.

    Mind you that was 10 years past !!!
  • GBH is a crime involving moral turpitude, anyone convicted of this crime will find it very difficult to enter the states. Even with a conviction for theft you're denied a visa, as my brother was, he had to get a special visa approved by homeland security before he could travel to the states. If you were not convicted of the crime and your criminal record is clean, you shouldn't have any issues when applying for your visa at the embassy.
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