juvenile arrest entering usa

hammy_the_hammer

don't answer yes if you are using the VWP ......think logically, how many stories have you read in the tabloids where someone has been denied entry to the US because they had info that they had been arrested when they were 15 for being drunk ?????.....i've not seen one .....and the papers would love it if they could run stories like this.
about a year ago a UK professor had to go to court to get a charge thrown out to do with jaywalking in i think atlanta GA ...he was jumped on by the police but had to go through the court system to clear his name as it would have prevented him working / visiting the states....made the uk papers but this was to do with a US conviction

dzug1

redrabbit29 wrote: »

She will be fine. However, I would not lie on the form, tell the truth. It's *only* shoplifting, and the US customs won't bat an eye lid at that. They will however if your form does not match any information they may have (no matter how unlikely).

If she confesses to shoplifting (which IS a crime of moral turpitude whether it's a mars bar or a £20000 piece of jewellery - it's an absolute, there are no gradations) on the form they will bat an eyelid - they have no option but to deny her entry.

redrabbit29

dzug1 wrote: »

If she confesses to shoplifting (which IS a crime of moral turpitude whether it's a mars bar or a £20000 piece of jewellery - it's an absolute, there are no gradations) on the form they will bat an eyelid - they have no option but to deny her entry.

You really believe they will refuse entry to a 15 year old with one reprimand for theft by shoplifting?

photome

redrabbit29 wrote: »

You really believe they will refuse entry to a 15 year old with one reprimand for theft by shoplifting?

If she answerd yes, then without a visa the answer is yes, but did she or didnt she? maybe the OP will return and let us know

bestpud

I'd have thought teaching a 15 year old to loie to the authorities is a bad idea, regardless of the visa issue!

Especially given she has already been in trouble once! Hardly a good life lesson to then tall her it is ok to lie about it, is it? And what if she was caught doing the same over there (no offence intended).

She has broken the law - better to make he fully aware of the implications imo!!

aliasojo

redrabbit29 wrote: »

You really believe they will refuse entry to a 15 year old with one reprimand for theft by shoplifting?

As said above, they wont take into account what the trouble was or when it happened...it's a simple yes or no exercise. You tick no, you get in with no visa...you tick yes for any of the questions....you dont. It really is as simple as that.

Call the American Consulate, they will make it very clear just how straightforward this is.

It's for each person to weigh up the risk involved.



bestpud....whilst I agree with you in principle, I think it unrealistic to make this a lesson in morals at this point.

mini21_2

This subject is causing a lot of posts generally at present across the web as people spot the wording on the US Embassy Website regarding the Visa Waiver program.

However, the following site may answer the question on sharing of information .

http://www.crb.gov.uk/Default.aspx?page=289&qid=3051

Trust this helps - any comments appreciated.

Would be nice to have a definitive "I have traveled and it is no problem" after saying no on VW but having a record (particularly minor).

Voyager2002

bestpud wrote: »

I'd have thought teaching a 15 year old to loie to the authorities is a bad idea, regardless of the visa issue!

Especially given she has already been in trouble once! Hardly a good life lesson to then tall her it is ok to lie about it, is it? And what if she was caught doing the same over there (no offence intended).

She has broken the law - better to make he fully aware of the implications imo!!

I do so agree.

Were I the parent in that situation, I would explain that (i) the letter of the law means that she now needs a visa to enter the USA; and (ii) there is no longer time to obtain a visa before departure. So the trip to the USA would not happen.

However, that is not the question that the OP asked. The answer to the original question is; if she ticks the form saying that she has never been arrested she is reasonably likely to get away with it (although I have no inside knowledge on just how likely or unlikely this is). If she travels without a visa and then tells Immigration staff that she has actually been arrested, she will not be allowed in. No chances; no discretion; no ifs or buts; she would then be on the next 'plane home (and would possibly be handcuffed and imprisoned until a flight was available). Possibly she would benefit from such an experience, but that is another question.

headpin

mini21 wrote: »

This subject is causing a lot of posts generally at present across the web as people spot the wording on the US Embassy Website regarding the Visa Waiver program.

However, the following site may answer the question on sharing of information .

http://www.crb.gov.uk/Default.aspx?page=289&qid=3051

Trust this helps - any comments appreciated.

Would be nice to have a definitive "I have traveled and it is no problem" after saying no on VW but having a record (particularly minor).

A CRB Check is normally carried out when wanting to work in certain occupations, normally all those involving children/minors or other vulnerable groups of people.

A CRB check costs money (I think currently around £50) and can take many weeks to obtain. Additionally, you require information like NI Number, maiden name, previous names, addresses, etc, etc. Nothing that the US Immigration ask for on a Visa Waiver Form. So difficult to see how they'd be able to check.

Whislt CRB information can (not as of right) be made avaialble to non UK organistaions it is not a quick process and is normally only when a UK national is applying for a job overseas that needs to ensure they are not, for example, a !!!!!! looking to work in a foreign school or similar. It would be of no use to the US Immigration Dept when checking info on a Visa Waiver Form at an airport. Unless of course the US Authorities have a large budget to pay for the info (i think I am correct in saying that a lot of CRB info is processed by a private sector company who like to make a nice fat profit!!!) and are happy to have large queues waiting in their immigration hall at ports of entry for a few weeks until the results to arrive.

At the moment the US Authorities have no access to UK Data except that we share re terrorism etc. Anything else would also be a breach of the data Protection Act. However, you may have seen reported this week that the EU is looking at amended data Protection Laws to ensure that info can (not will) be shared. If that happens it may well then become much easier for the US Immigration to check up.

Until then just say NO!!

El_Collinos

mini21 wrote: »

Would be nice to have a definitive "I have traveled and it is no problem" after saying no on VW but having a record (particularly minor).

Well allow me to do just that. I travelled to America in 2005, I recieved a police caution in 2003 and lied on the waiver form and was allowed entry.

As for CRB checks, a friend of mine is waiting to start a new job for the Met Police, but has been waiting 2 months (and will probably wait another month) so it just goes to show that the British police can't even rush through checks, let alone foreign agencies.

On a more personal/parental note, speaking for the child, not allowing her to go to america because of shop ligfting, or worse putting her through the humilations of being refused entry (after telling the truth) will only serve to turn her against you. Children/teenagers make mistakes, so do their parents.