15 yr old arrest

[JJP]

we have an 18 yr old going to didsney with us who was arrested at 15 and given a tick off by police but no charge made shold I worry do I need to look at getting him a visa

 

[musketeer]

My son was same age when he was arrested and he wasn't charged, i sent off for the police record( can't remember what it's called) and it comes back within the 40 days unfortunately he had been put on the national database so he's now got a visa but this happened the same year as we were going.
Hope this helps

Tracy

 

[Jakey Rowling]

More info can be found here
http://www.usembassy.org.uk/cons_new/visa/niv/add_crime.html

If you go through the visa waiver wizard below it asks the question

Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record? Please note: the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you are unsure, press YES.

http://www.usembassy.org.uk/cons_new/visa/visa_wizard.html.

 

[Netty]

we have an 18 yr old going to didsney with us who was arrested at 15 and given a tick off by police but no charge made shold I worry do I need to look at getting him a visa

The usa do not hold records of every brit who has been arrested for minor offences..their only looking for the big fish- terrorists.
I know a lady that was arrested and charged with drink - driving a month before she went to florida, she didnt get a visa and had no probs getting into the usa. this was only in the last 6 months
And no it wasn't me!

 

[UKDEB]

I really wouldn't worry about it.

 

[jen_uk]

I would go on the visa waiver, they are not going to be interested in 15 year old who got in a little bit of bother with the police

 

[amberandolly]

I agree with the last two posters, my dd was arrested at the age of 14, not charged but had a caution, 6 months later we went to Miami (very nervous after seeing the threads on another UK forum), we were fine.
We are going again in a few weeks and won't think twice about using the vwp.
Visas are just a good way of screwing a bit more cash out of us brits.
There must be millions of brits who've been arrested and who travel to the US with total ignorance of the fact that they should have a visa. If even a few of them were turned away, it would be all over the news.

 

[Netty]

Visas are just a good way of screwing a bit more cash out of us brits.
There must be millions of brits who've been arrested and who travel to the US with total ignorance of the fact that they should have a visa. If even a few of them were turned away, it would be all over the news.

Well said!!

 

[Jakey Rowling]

We might not be having this debate of the chances of going undetected much longer.

http://travel.timesonline.co.uk/tol/life_and_style/travel/news/article3374605.ece

 

[alisonbestford]

I was of the understanding that 'children' who'd got into a 'spot of bother' didn't need to worry about visas

 

[wicket2005]

I often think it is a good way for the US to collect intelligence on us at no cost to themselves. Those with criminal records have to go and dig them out themselves at their own cost, then submit it to the US who no doubt store it forever. If they had access to all our records there would be no need for those requiring visas to go through the whole procedure of obtaining official records to supply the US with official documentation.

I wouldn't have thought you would have any problem going to the US, however, the visa gives you peace of mind. I don't think the actual visa waiver asks if you have been arrested or convicted generally I think it refers to crimes of moral turpitude (crimes against the person) and to do with drugs. I think only you can decide what is best for you to do.

 

[jayne2]

I think you may be ok with the boy that was arrested as a 15 year old, because Juvenile delinquency is not a crime involving moral turpitude

This is the big question on the I-94W visa waiver form that causes so much confusion

“Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”

The information that you are getting from the visa waiver wizard is vague to say the least and the big one for most people is what is an offense or crime involving moral turpitude?

Here is a link to Wikipedia that defines what crimes do and do not involve moral turpitude

http://en.wikipedia.org/wiki/Moral_turpitude

 

[Miss Stitch]

My son is also 15 and a couple of months ago was arrested and cautioned for assualt following a fight with another kid. Ive just checked out the Wikipedia and the can only see assault with intent to kill, rape etc. and assault with a deadly weapon. He didn't mean to kill, or have any deadly weapons, they just fell out and he punched him in the nose! Would he be okay to travel under the visa waiver?

 

[jayne2]

My son is also 15 and a couple of months ago was arrested and cautioned for assualt following a fight with another kid. Ive just checked out the Wikipedia and the can only see assault with intent to kill, rape etc. and assault with a deadly weapon. He didn't mean to kill, or have any deadly weapons, they just fell out and he punched him in the nose! Would he be okay to travel under the visa waiver?

I think you should be looking at the section Crimes not involving moral turpitude
Under assault (simple) I would say that your sons offence could be classed as simple assault

 

[Funky_dino]

I've been worried over the last few months.
A few years ago I was arrested after my picture had appeared on our local police website. i turned up at the station to ask what it was about, they arrested me on suspition of theft involving the use of a copied bank card that was used at the same cash machine I used. It was proved that i hadn't used the card the camera in the bank was 20 mins out of snyc with the atm machine whiched proved it wasn't me.
I wasn't charged or cautioned obv as I hadn't done anything but they did take my fingerprints and DNA, which I was furious about.
I have sent off for the record from the police (which takes 40 days)
Now obv there should be nothing on it, as it was proved I didn't do anything.
has anybody been in the same situation where they have sent the form off even for a small arrest? I was told you get what looks like a certificate from scotland yard which you then take to the embassy. can anybody shed some light on what comes from this.

 

[Cochise]

We might not be having this debate of the chances of going undetected much longer.

http://travel.timesonline.co.uk/tol/life_and_style/travel/news/article3374605.ece

There is no indication that this is anything more than giving the same details you do on flying through the API but a whole lot sooner, still no access to the criminal UK records for the US.

 

[susieh]

I think this debate is ridiculous. If I follow it to the letter then I have to get a full VISA because I got a speeding ticket 7 years ago. Same for my husband and two sons.

ALL 4 of us have been to the States several times, we've all always done the VISA Waiver scheme. One son was arrested on suspicion of shop lifting when he was 14 - I never even gave it a thought when we went to the US that year or any year since.

Do people really think the US authorities are concerned with UK citizens who have a driving offence in their past (which I suspect is the vast majority of us!) or got into 'a bit of trouble' with the police in their teens?

 

[jayne2]

I think this debate is ridiculous. If I follow it to the letter then I have to get a full VISA because I got a speeding ticket 7 years ago. Same for my husband and two sons.

speeding tickets are not a crime involving moral turpitude, the question on the via waiver form says

“Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?”

 

[Funky_dino]

I am guessing though that under 18's don't have their fingerprints etc taken.
I am just worried that is all, and for the sake of sending the form off to get piece.
All I really want to knwo is if you have been arrested but not charged etc will it show up when you have your finger prints scanned at immigration

 

[musketeer]

I've been worried over the last few months.
A few years ago I was arrested after my picture had appeared on our local police website. i turned up at the station to ask what it was about, they arrested me on suspition of theft involving the use of a copied bank card that was used at the same cash machine I used. It was proved that i hadn't used the card the camera in the bank was 20 mins out of snyc with the atm machine whiched proved it wasn't me.
I wasn't charged or cautioned obv as I hadn't done anything but they did take my fingerprints and DNA, which I was furious about.
I have sent off for the record from the police (which takes 40 days)
Now obv there should be nothing on it, as it was proved I didn't do anything.
has anybody been in the same situation where they have sent the form off even for a small arrest? I was told you get what looks like a certificate from scotland yard which you then take to the embassy. can anybody shed some light on what comes from this.

Hi my son was arrested and he also had fingerprints etc taken but he wasn't charged or cautioned i also sent off for his record and when it came back he was on the police database we have since been told by a police officer that he should not even be on there as he wasn't charged so i said that if the record comes back and nothing is on there then we wouldn't get a visa as he is on the database we went and got him a visa.
The record that we received was about 3 pages long and the last page was where it states whats on record.
Hope this helps.