Have I been arrested?
Discussion
Breadvan72 said:
There is NO visa thing online. ESTA is part of the visa waiver scheme and is not a guarantee of entry to the USA.
BTW, ESTA was free, but now costs a few bucks, but avoid the scam websites that charge more than Uncle Sam does for the document.
Yes, that's what I meant and couldn't think of the wording. ThanksBTW, ESTA was free, but now costs a few bucks, but avoid the scam websites that charge more than Uncle Sam does for the document.
Breadvan72 said:
One US legal test depends on whether you been arrested for an offence involving moral turpitude. EDIT: but see below. The forms and officials don't always see it that way, but that is what US law says. I cannot now recall whether or not a minor drugs bust is classed by Uncle Sam as an offence involving moral turpitude.
EDIT: It isn't, BUT it IS a separate ground for refusing entry.
Best advice is not to seek to travel on the visa waiver scheme. but you can still apply for entry. See:-
http://www.pecher.com/us/immigration-law/weiteres-...
a friend was refused a entry recently because she had a charge/note for khat possession EDIT: It isn't, BUT it IS a separate ground for refusing entry.
Best advice is not to seek to travel on the visa waiver scheme. but you can still apply for entry. See:-
http://www.pecher.com/us/immigration-law/weiteres-...
Edited by Breadvan72 on Tuesday 26th August 21:38
NickM450 said:
How can it be so complicated to gain access to a country? It's only a few weeks holiday 
I think the first step is one of those ACRO form thingyjibbers and checking if I actually have a arrest/record. If I do, then a proper Visa it will have to be.
Stupid 'murkans!
Makes sense - and from what you have shared, I think your enquiry will come back, "No Trace".I think the first step is one of those ACRO form thingyjibbers and checking if I actually have a arrest/record. If I do, then a proper Visa it will have to be.
Stupid 'murkans!
I would be wary of applying for a B2 unless you absolutely have to - and as I'm sure you realize, applying for the visa is no guarantee whatsoever that it will be granted.
ANY visa denial must be disclosed in an ESTA application and denials are negative not positive attributes - hence the can of worms alluded to earlier.
Customs and Border Protection utilize a set of very vague and ambiguous criteria - deliberately, so as to give the Point of Entry Officials as much latitude in their decision-making as possible. Ultimately they have the authority to admit/deny you pretty much for whatever reason they choose and VWP removes any opportunity to challenge their decision.
Personally, I don't think you should have any concerns. Good luck and enjoy FL.
NickM450 said:
How can it be so complicated to gain access to a country? It's only a few weeks holiday
I think the first step is one of those ACRO form thingyjibbers and checking if I actually have a arrest/record. If I do, then a proper Visa it will have to be.
Stupid 'murkans!
All you really have to do it walk into a police station with £10. They will give you a print out of what's on the pnc about you. The pnc shows everything (although in very very rare cases) they won't show you everything. Acpo having a stepping down system, that's a good thing. But if the us decided to request information (which they won't unless you are on a list as a suspected terrorist or a major international criminal), it will be the pnc data that is given and not an apco snap shot.I think the first step is one of those ACRO form thingyjibbers and checking if I actually have a arrest/record. If I do, then a proper Visa it will have to be.
Stupid 'murkans!
My advice is to simply lie. They won't check and you will have a nice holiday. The only reason people get turned away is owning up at the airport. say no to all arrests and convictions and you will be fine. Obviously if you have been a bit silly in your past don't draw attention to yourself by taking the Micky with duty free etc...
POORCARDEALER said:
Acquaintance of mine got done for drink driving and a 2 year ban, first time ever in trouble.
Declared it, and had to go to london to attend an interview before they would allow her in for a 3 week holiday.
If have any query at all about your status regarding entry into the US, the US Embassy always tells you (after a 20min wait on their £1.50/minute phone line) that they can't give advice and the only way to know is to apply for a visa.Declared it, and had to go to london to attend an interview before they would allow her in for a 3 week holiday.
Be aware that if the case is a bit iffy (I'm thinking of situations like PurpleMoonlight's) it's currently taking 6 months to process visa applications.
The US Embassy website in Australia tells Aussies not to worry about drunk driving convictions and to still use the ESTA system. I've seen many reports of Immigration Officers laughing when Brits say they got a visa for careless driving etc.
The first level of driving offence which has been stated as involving moral turpitude is driving while disqualified. That makes perfect sense, as it's something that you'd know you were doing.
Gixer said:
Old work mate of mine went to Florida with a mate of his. They got off the plane together, he went through passport control first and didn't see his mate again as he was refused entry to the US due to something relatively minor giving him a criminal record when he was younger. My mate ended up with a fortnights holiday on his own. This was pre 911 as well.
I'd go the visa route as suggested. You don't want to pay your money and get turned away when you get there. I had to get a visa a few years back as I was going out there to fly. Just make sure you fill out the forms correctly (they are really picky with the photo so get it exactly right) and allow a few extra hours when you have to visit their embassy and get there early as its a take a number and wait until called affair. Even with the correct visa, I still ended up waiting several hours in a small room full of Spanish speaking immigrants for an interview when I arrived at the airport.
Same thing happened to a friend of mine about 15 years ago. He had been arrested a few years earlier with some pills. He and a pal had booked a 'learn to skydive in the USA', arrived in the states and he got sent back..I'd go the visa route as suggested. You don't want to pay your money and get turned away when you get there. I had to get a visa a few years back as I was going out there to fly. Just make sure you fill out the forms correctly (they are really picky with the photo so get it exactly right) and allow a few extra hours when you have to visit their embassy and get there early as its a take a number and wait until called affair. Even with the correct visa, I still ended up waiting several hours in a small room full of Spanish speaking immigrants for an interview when I arrived at the airport.
Edited by Gixer on Wednesday 27th August 12:59
Sheepshanks said:
Be aware that if the case is a bit iffy (I'm thinking of situations like PurpleMoonlight's) it's currently taking 6 months to process visa applications.
I hope you are wrong as my holiday is in December and already fully paid for.I didn't realise there would be a possible issue until after the event. After all, what innocent person would think they would have to prove their innocence to travel?
NickM450 said:
Hi folks,
Bit of an odd one. Just booked a holiday to Florida, other half wants to go to Disney and all that nonsense
Years ago I was a bit of a naughty boy and was caught in possession of what was at the time a controlled substance. I remember being taken to the station and interviewed, I also had to return a week later to chat to another officer, I seem to recall this was a caution but can't remember.
Question is, how do I find out exactly what happened to me, was I arrested, was I charged, was I cautioned?
Thanks in advance
Were you high as a kite throughout the whole week long process ? Being taken to a Police station and dealt with is generally a huge event for most people and even decades later most people can recall the events. (The exceptions usually being the low lifes to whom it happens weekly)Bit of an odd one. Just booked a holiday to Florida, other half wants to go to Disney and all that nonsense
Years ago I was a bit of a naughty boy and was caught in possession of what was at the time a controlled substance. I remember being taken to the station and interviewed, I also had to return a week later to chat to another officer, I seem to recall this was a caution but can't remember.
Question is, how do I find out exactly what happened to me, was I arrested, was I charged, was I cautioned?
Thanks in advance
I may have missed these questions/answers. Were you booked in by a custody officer ? property taken from you, given access to a solicitor, the usual phone call and copy of PACE codes of practice offered ? In order to ensure that you went back a week later I'd imagine that they gave you some form of paperwork rather than expect a 'kid' to remember precisely when to return ? When you did return did you sign anything ? I.E A caution form ?
boristhebold said:
Were you high as a kite throughout the whole week long process ? Being taken to a Police station and dealt with is generally a huge event for most people and even decades later most people can recall the events. (The exceptions usually being the low lifes to whom it happens weekly)
I may have missed these questions/answers. Were you booked in by a custody officer ? property taken from you, given access to a solicitor, the usual phone call and copy of PACE codes of practice offered ? In order to ensure that you went back a week later I'd imagine that they gave you some form of paperwork rather than expect a 'kid' to remember precisely when to return ? When you did return did you sign anything ? I.E A caution form ?
Utter utter rubbish. Whilst an arrest is very recognisable the idea that you get given a copy of pace is a fantacy. Try and enforce the rules which is establishd are even more comical. Try asking for writing materials... I'm no police hater (I respect them for the job they do) but I was nearly choked unconscious when I tried to demand my right to a full copy of pace once. At other times I was given outdated copies. Never once have the full rules of pace been applies in a police station. Again I'm not anti police, but the number of times I was taken into a small cubicle designed for prisoners and solicitors and offered a deal or else has taught me that the law doesn't work in black or white. I may have missed these questions/answers. Were you booked in by a custody officer ? property taken from you, given access to a solicitor, the usual phone call and copy of PACE codes of practice offered ? In order to ensure that you went back a week later I'd imagine that they gave you some form of paperwork rather than expect a 'kid' to remember precisely when to return ? When you did return did you sign anything ? I.E A caution form ?
PurpleMoonlight said:
Sheepshanks said:
Be aware that if the case is a bit iffy (I'm thinking of situations like PurpleMoonlight's) it's currently taking 6 months to process visa applications.
I hope you are wrong as my holiday is in December and already fully paid for.I didn't realise there would be a possible issue until after the event. After all, what innocent person would think they would have to prove their innocence to travel?
The final outcome was that the guy concerned had to delay his flight by a day.
The ridiculous thing is that the application was totally un-necessary.
photosnob said:
Utter utter rubbish. Whilst an arrest is very recognisable the idea that you get given a copy of pace is a fantacy. Try and enforce the rules which is establishd are even more comical. Try asking for writing materials... I'm no police hater (I respect them for the job they do) but I was nearly choked unconscious when I tried to demand my right to a full copy of pace once. At other times I was given outdated copies. Never once have the full rules of pace been applies in a police station. Again I'm not anti police, but the number of times I was taken into a small cubicle designed for prisoners and solicitors and offered a deal or else has taught me that the law doesn't work in black or white.
Maybe try and stop getting arrested all the time. Mk3Spitfire said:
Maybe try and stop getting arrested all the time.
Forgive me for saying so, however that seems a glib attitude towards your own responsibilities. By their nature all those in your custody have been arrested. That they've been arrested and in custody previously shouldn't erode their rights.Detainees are not entitled to a copy of PACE. They are entitled to a copy of the codes of practice , a completely different document. If I had had some plonker demanding a copy of the act, and declining to cooperate until he got it, it would have been straight to a cell without passing go, I am afraid.
photosnob said:
My advice is to simply lie. They won't check and you will have a nice holiday. The only reason people get turned away is owning up at the airport. say no to all arrests and convictions and you will be fine. Obviously if you have been a bit silly in your past don't draw attention to yourself by taking the Micky with duty free etc...
If you think they don't check, and that the UK doesn't share extensively, then you are wrong.High risk decision.
tenpenceshort said:
Forgive me for saying so, however that seems a glib attitude towards your own responsibilities. By their nature all those in your custody have been arrested. That they've been arrested and in custody previously shouldn't erode their rights.
Not at all. I wasn't going to say it because I didn't want to make out I was doubting his story, but I can honestly say I have NEVER seen someone refused a copy of the COP at all. Never. It's such an easy and simple thing that there's no point in denying it. I also can't imagine someone being "choked" for asking for writing materials. It's not my responsibility once they're in custody, but I have never seen anything but complete professionalism in the custody suites of the 2 forces I've worked in.Mk3Spitfire said:
Not at all. I wasn't going to say it because I didn't want to make out I was doubting his story, but I can honestly say I have NEVER seen someone refused a copy of the COP at all. Never. It's such an easy and simple thing that there's no point in denying it. I also can't imagine someone being "choked" for asking for writing materials. It's not my responsibility once they're in custody, but I have never seen anything but complete professionalism in the custody suites of the 2 forces I've worked in.
Plus the fact custody suites are covered by CCTV.Everything is captured in glorious technicolour with added sound recording.
La Liga said:
Indeed. Choked out for asking for a copy of PACE in the most accountable building the police have. Hmmmm.
Perhaps he forgot to mention the "choking" happened in Russia (at the hands of the KGB) or in some African back-water (at the hands of some para-military militia).Or maybe on The Death Star, when Lord Vader took exception to him.
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