You must apply for an ESTA online to enter the USA after 12 Jan 2009

plymouth1970

dinkydog wrote: »

Correct. either that or a cheaper "subject access request" from the police - £10 as opposed to £35. If asked by POI (doubtful) if you have ever been arrested the answer would be "yes", you then have at hand proof of what you were arrested for.

It is up to you to prove you can enter the US, not for them to prove you can't.

On the actual arrest, were you cautioned, was injury caused to the other person, were weapons used, what age were you.

What you actually stated was



"not convicted" means you were found not guilty when it went to trial, I don't think that is what you meant.



That data is not shared with the flight operator.

The case did go to crown court , the cps dropped the case as soon as they saw the defence case.i am 36, the other guy had a deep cut above the eye, no weapons were used.on the police cert i believe it will read 'no live trace' , would i then have to obtain court papers as well, to show what i was arrested for ? what are the court papers likely to say (just offence and result etc) - your advice is hudgely appreciated

craig777

nickiebabe35 wrote: »

who is cbp?? presumably someone in sanford that can get access to records?? with the advice you have given me why is it that people are still on so many forums telling anyone who has ever been arrested for ANYTHING to get a visa otherwise they will be turned away????

As far as i'm aware, the immigration officers at the initial immigration desks that you go to when coming off the plane, don't have any access to UK records. The information they take from your passport is checked against International watch lists (major criminals/smugglers/terrorists), FBI wanted persons etc., the finger print scans they take get checked against criminals on their FBI databases, not UK databases. If the immigration officer thinks there is anything suspicious then you can get sent to secondary immigration for questioning, this where they will be able to make phone calls to UK immigration for further info. What information is able to be given, I'm not sure.

There must be hundreds and hundreds, if not thousands of people that pass through US immigration all over the USA every day with arrests, convictions and criminal records that don't get declared. If you listen to all the holy joes on the various forums you'll end up worrying yourself to death!

Trouble is, the US Embassy and US Immigration are two separate government departments, so the US Embassy tell everyone who phones them that they'll need a Visa just to be safe. I've read on numerous forums that people who have gone to the trouble of getting a Visa because of a 10 year old minor conviction, have been laughed at by immigration officers and told you don't need one unless you're a murderer/rapist/sex offender/gun crime etc etc.

BTW, I'm no immigration expert, so I'll stand corrected if anyone knows different to the information above. I've just happened to come across lots of questions and answers on this subect whilst browsing other forums.

plymouth1970

thanks for the info.

are you stating that the assault section you have quoted is not a cimt?

Stephb1986_2

I'm going to the US Embassy in London on friday with my OH he does have a criminal record for:

Having a gun on his person when license has expired, possession of cannabis and a caution for having a knife on him when he was coming home from work (he uses one in work)

He isn't allowed to have any cuts or blisters on his fingers or he will have to reschedual.

I'm quite worried that they will say no. What's the chances?

Steph xx

Stephb1986_2

He hasn't done anything wrong for the last 6 years, I don't know if he has a suit i'll go and have a look in his wardrobe in a bit

Thanks

Steph xx

craig777

dinkydog wrote: »

They are told they don't need one because the conviction was not one that makes them inelligable to use the VWP. The fact that a minor conviction may fall into the realms of moral turpitude - and the fact that moral turpitude is not defined, is where the problem lies.

This is the thing, US Immigration and US Embassy seem to have differing opinions on what makes someone inelligible for the VWP. You are supposed to apply for a visa if you have been arrested for ANYTHING regardless of the outcome, this is what the US Embassy say.

This obviously isn't the case if an Immigration official tells someone not to bother renewing their visa because their criminal record doesn't fall into a certain category... surely an Immigration official shouldn't say that because the traveller has obviously been arrested at some point (which makes them inelligible for the VWP) to have received the criminal record, however minor.

Hope that makes sense? I'm rubbish at explaining things!


With regards to my 'holy joe' reference, I just feel that people make far too much fuss over this subject. I think if internet forums didn't exist, what would most people do? I think most people with minor convictions in their past would just tick 'no' without thinking too much about it. I obviously don't advise that people do that, but I think that would be the case with most people. People obviously want to tick 'no' or else they wouldn't be coming onto forums and asking for advice, they'd be calling the US Embassy for an appointment.

I don't know if this is relevant, but it always pops into my head when I read about these VWP dilemmas... think about the amount of people driving around in their cars that break speed limits without any thought (ALOT of people I think you'll agree?) - the potential dangers/outcome of speeding is far more serious than telling a lie on an immigration form to get a holiday... possible result of telling a lie on an immigration form - you get a ruined holiday and sent home at your own expense... possible result of speeding in a car - you don't need me to tell you, but people still do it everyday of their lives without worrying about it or coming onto forums to ask if they should be doing it or not.

I'm rambling, sorry! I also don't mean to offend anyone or start any squabbling, these are just thoughts that pop into my head, right or wrong. :beer:

craig777

Stephb1986 wrote: »

I'm going to the US Embassy in London on friday with my OH he does have a criminal record for:

Having a gun on his person when license has expired, possession of cannabis and a caution for having a knife on him when he was coming home from work (he uses one in work)

I hope the Embassy official is in a good mood.

Good luck. I hope you get the outcome you want. Let us know how it goes.

craig777

dinkydog wrote: »

Lying on an immigration form is an offence in itself, and can have serious effects, example: a buiness person unable to travel, employer not knowing about his/her previous record, ends up unemployed. Partner and children being admitted, person not. Ability to relocate to the US at a later date becomes more difficult. OK, no-one may die but the individual effects can be great.

Yes, not worth taking ANY risks if someone has aspirations of working or indeed living in the USA at some point in their lives, a visit to the US Embassy in London is the only choice.

Thomas77

I t was only 3 grams sure enough that would be classed as personal use?

Stephb1986_2

Well he didn't have a suit so been out to marks and spencers bought some suit trousers a white shirt and a tie. All this to go to the embassy it's costing over £200 to go! I hope they say yeah after all of this messing about, it's a first thing appointment at 9:30am so hopefully they are in a good mood.

I know I'm not allowed near the embassy can anyone recommed where I can sit and have a drink near by?

Many thanks

Steph xx