Entering the US - Visa requirements
Discussion
Long story short, planning to go to the US in Feb, but upon reading the visa waiver program, if you have ever been arrested, even if it didn't lead to anything, you must go through the (incredibly) long process of asking kindly for a visa...
I don't have any convictions, but have been to a police station once, when I was 18 (over 5 years ago), so it seems I must go through all the forms, go for a meeting at the US Embassy in London and pay various fees, just to go.
I'm not considering just trying my luck by not declaring it, but I was wondering if anyone here has gone through a similar process recently? There seems to be an awful lot involved. Part of me thinks 'sod it', I'll just stay at home...
I don't have any convictions, but have been to a police station once, when I was 18 (over 5 years ago), so it seems I must go through all the forms, go for a meeting at the US Embassy in London and pay various fees, just to go.
I'm not considering just trying my luck by not declaring it, but I was wondering if anyone here has gone through a similar process recently? There seems to be an awful lot involved. Part of me thinks 'sod it', I'll just stay at home...
King Herald said:
Just deny ever having any police issues completely. I know many many people who have kept quiet about such things and had no problems.
If it was any other trip, I would consider it, but the s
t kicker is that I'm going with the OH and her parents (fk knows why I agreed in the first place...).If I get detained and turned around at the airport, it could make for an interesting Christmas get together.
andrew311 said:
You'll be fine. I recieved a caution when I was 18 and have been to the US several times.
I'm not so welcome there anymore after gettting a speeding ticket and not paying the fine......
I'm not so welcome there anymore after gettting a speeding ticket and not paying the fine......
Fair enough... I've read a bit more on the net and the general consensus is that everyone just chances it. I've got a few weeks to decide, before I'm back in the UK and can even think about sending off forms, so I'll do some more reading and take a view.A few people out there seem to have been caught, but were just sent on their way.
I'm not really sure of the ins and outs of the whole process, does the question get flagged up on the ESTA form? When I was cautioned I was told I didn't have to declare it when applying for jobs other than HM services or MoD and stays on your record for 5 years? I've undergone DV clearance at work (developed vetting) and had to declare it but had no issues.
Again not sure of the ins and outs so maybe betterer in SP&L section? You either have a criminal record or you don't which is what they're getting at I think?
I may sound like an unsavoury character but I've been in trouble with the law twice in 29 years, once when I was 18 for getting in a bit of a scrap and last year for speeding in the US!
Again not sure of the ins and outs so maybe betterer in SP&L section? You either have a criminal record or you don't which is what they're getting at I think?
I may sound like an unsavoury character but I've been in trouble with the law twice in 29 years, once when I was 18 for getting in a bit of a scrap and last year for speeding in the US!
I think the main problem is this question on the ESTA form;
ESTA Website said:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
)cronk-flakes said:
I think the main problem is this question on the ESTA form;
What a cracking phrase ESTA Website said:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
cronk-flakes said:
I think the main problem is this question on the ESTA form;
It's very badly written - and that's generally assumed to be on purpose.ESTA Website said:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
However in most people's eyes it would be entirely reasonable to assume that as long as the arrest wasn't for a crime of moral turpitude then you're OK.
The slight further snag is there's no official definition of moral turpitude - this has been challenged in US courts and again it's assumed they want to keep it deliberately vague. But, for example, a non-binding ruling in an immigration court said the first level of driving offence to involve moral turpitude is driving while banned. This makes pefect sense as you would have to commit that act on purpose. Although it has recently been changed, it used to say on the Australian version of the US Embassy website that it was OK for Aussie's to use the visa waiver scheme if they'd been done for drunken driving!
In my line of business I know loads of people with all sorts of convictions who have travelled to the US and none have ever had any problems. If you ask the Embassy anything (on their premium rate phone line, calls always take at least 20mins) they always say they can't tell you and the only way to know is to apply for a Visa. I know someone who went to the not inconsiderable trouble of getting a Visa only for the Immigration Officer to laugh at them when they explained why. They were thrilled. Not.
Were you arrested? What was the charge? Were you convicted?
Something like Drunk and Disorderly, Common Assault etc., tends not to be an issue.
Affray, GBH, DUI and anything narcotics related could (only could) present a problem for you.
By the sound of things, you were not charged. That being the case, You shouldn't lose sleep over it.
One final reminder. Do not offer US Customs and Border Protection officials ANYTHING, that is not specifically asked for - example, CBP asks, "Do you know what time it is?", the correct answer is "Yes".
Something like Drunk and Disorderly, Common Assault etc., tends not to be an issue.
Affray, GBH, DUI and anything narcotics related could (only could) present a problem for you.
By the sound of things, you were not charged. That being the case, You shouldn't lose sleep over it.
One final reminder. Do not offer US Customs and Border Protection officials ANYTHING, that is not specifically asked for - example, CBP asks, "Do you know what time it is?", the correct answer is "Yes".
cronk-flakes said:
Hmm... All signs point to 'wing it'...
If I get done, this thread will be my defence.
No, if you get done you can forget going in easily (if at all) for a long time.If I get done, this thread will be my defence.
Colleague of mine got turned round at the border on a visa issue - someone else's mistake - but it now takes him 3hrs+ to get in every time he goes.
I can imagine that if you get turned back for having lied on the form then they might take a very dim view. Of course, all depends on how important any trips to the US might be to you in the future...
Actually just got off the phone and had a blessing in disguise... I've got to be in the UK next week for work, so I'll take that chance to get visa proceedings started.
Getting back into america afterwards is of no real concern to me, but it makes sense to prevent worry.
For those that care, I was arrested and received a caution. Whether it falls under 'moral turpitude' is not a conversation I want to be having with an immigrations officer...
Getting back into america afterwards is of no real concern to me, but it makes sense to prevent worry.
For those that care, I was arrested and received a caution. Whether it falls under 'moral turpitude' is not a conversation I want to be having with an immigrations officer...
LooneyTunes said:
Colleague of mine got turned round at the border on a visa issue - someone else's mistake - but it now takes him 3hrs+ to get in every time he goes.
How can a visa issue be someone else's mistake - you can only get a visa after a personal interview at the Embasssy?And what would it take him 3hrs to get in now? He could only attempt it with a visa, and once you've got one, then that's it - otherwise the application and screening process is a bit pointless.
cronk-flakes said:
Actually just got off the phone and had a blessing in disguise... I've got to be in the UK next week for work, so I'll take that chance to get visa proceedings started.
Getting back into america afterwards is of no real concern to me, but it makes sense to prevent worry.
For those that care, I was arrested and received a caution. Whether it falls under 'moral turpitude' is not a conversation I want to be having with an immigrations officer...
I honestly think you're bonkers - you're just attracting attention to yourself and it means you'll always need a visa for the US. My missus has a conviction for careless driving and we went to the US about ten times before it even occured to me that it might be an issue after I read a hysterical thread about it on another forum.Getting back into america afterwards is of no real concern to me, but it makes sense to prevent worry.
For those that care, I was arrested and received a caution. Whether it falls under 'moral turpitude' is not a conversation I want to be having with an immigrations officer...
The other thing I was going to mention earlier is that if you're going next Feb you might not have time - and once you've started the process you're obviously stuffed.
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