US Visa - arrested but no further action

benjus

Nick_C said:

If an ESTA is declined and you have to apply for a visa, you lose $14

An ESTA is unlikely to be declined unless you put answers in your application that would disqualify you, or you have the same name as someone on a watch list or something.

The bigger risk is that the ESTA is granted but the immigration officer on arrival refuses entry.

That said, I think your assessment of the legal position is sound.

Rosco62

I thought the US had no access to UK database

peachyprice

Rosco62 said:

I thought the US had no access to UK database

They don't.

Nick_C

benjus said:

Nick_C said:

If an ESTA is declined and you have to apply for a visa, you lose $14

An ESTA is unlikely to be declined unless you put answers in your application that would disqualify you, or you have the same name as someone on a watch list or something.
The bigger risk is that the ESTA is granted but the immigration officer on arrival refuses entry.

I completely agree.  It's worth pointing out for others that neither an ESTA nor a Tourist Visa entitles you to enter the US.  They simply give you permission to travel there.  The decision as to whether or not you will be admitted lies with the CBP (Immigration) Officer at the Port of Entry.  The only advantage of a Visa is that if the CBP Officer denies you leave to enter, then you have a right of appeal to an Immigration Judge.  If you are travelling on an ESTA and are refused entry, then there is no right to appeal and you will be on the next flight home.  But refusal of entry is very unlikely (unless you say something stupid on arrival), as the ESTA application is the screening process.  Admission is usually a formality if you have an ESTA.

Dr_Crypto

This is entirely up to you but a friend of mine had a similar scenario a few years back. He did a lot of research including speaking with a US immigration lawyer. The conclusion was the USA has no access to the UK police databases and no way to verify whether or not you have been arrested. Of course if you fail to declare and they find out the consequences will be severe but this is what he was told and indeed had no problems himself.