security in USA

[nee]

I booked a 2 week trip to WDW several months ago for me my DD12 and son aged 25. Should I be worried that he was charged with public affray a few years ago. He took part in an animal rights sit in and was charged.
I am not sure what do, if anything as I have heard that he may not be admitted to the states when we arrive there. As I am disabled he will be my carer.
Advice appreciated

 

[homerdog]

You will get conflicting advice, I'm afraid, so this isn't the best place to ask.

What your son should do is apply for a visa, as the US authorities are paranoid - they think that anyone who has had a brush with the law is a threat to their National security.

What I would do in his position is ignore the above and fill in a visa waiver on entry. The US Immigration service will be none the wiser and your son will pose no threat to the US.

Flame suit on

 

[jen_uk]

I agree, there is no way the US will know your sons record so I would travel on the visa waiver. The only thing they would be concerned about are drug dealing charges and anything relating to terrorism. Its not worth causing trouble for such a minor thing.

 

[paulh]

same here
Paulh

 

[traycie2201]

I agree with the above posters, go guilt free and enjoy.

 

[steve_rob]

Just looked on the Department of Homeland Security website, and while I can't find anything about exclusions from the visa waiver scheme specifically, on pages about getting a visa (and I'm guessing that the exculsions are going to be much the same), they are only interested in convictions that carry a sentence of 12 months or more.

 

[nee]

Thank you so much for your replies, I don't feel so paranoid now as he was only fined.
This will be his first time there and I really want him to have a fantastic time so that he will go again and then I can go too as unfortunately my DH won't go.

 

[Obi Wan Kenobi]

I agree, there is no way the US will know your sons record so I would travel on the visa waiver. The only thing they would be concerned about are drug dealing charges and anything relating to terrorism. Its not worth causing trouble for such a minor thing.

Well, it alld epends on your definition of a minor thing, Affray is very serious, and some will say that animal rights people can be looked at in the same way as terrorists.

However, as he was not imprisoned for the offence he should be OK, so long as he is not on the MI5 watched person list as this i9s given to the US authorities.

 

[Laurafoster]

He wasnt imprisioned so i would just go ahead with the Visa Waiver!

 

[rpbert1]

question on the form about being arrested and i to am a bit concerned.
about 11 years ago i was hit by an individual and naturally hit back, about 3 hrs after the incident the police arrived at my door to say they wanted to take me to the station for a statement as they had a call from someone who said i assulted them, took fingerprints and statement but where not aware that the incident happened 3hrs earlier, the result was that we where both spoken to by the police about our future behaviour and no futher action they also said the prints would be destroyed.
i thought no more about it,and had actually forgot about it, then about 2 weeks ago discovered by accident that this incident was on police files against my name, so was going to apply for a visa because of this.
i know there is a place on the form asking if you have had a visa to the US before, i had one back in 93 before this incident, not sure wether to just go for the waiver free or apply for visa.

 

[patdavies]

The decision as to whether or not you apply for a visa is yours alone, but I offer my twopennworth.

Despite your brush with the law, from your post you were not arrested and therefore can honestly answer that you have never been arrested on the I-94W.

Any visa issued in 1993 must have been on a now expired passport and US records will not be able to tie this to your current passport number.

 

[rpbert1]

thanks for that Pat

 

[Claire L]

i know there is a place on the form asking if you have had a visa to the US before, i had one back in 93 before this incident, not sure wether to just go for the waiver free or apply for visa.

Back in 1993 the Visa Waiver Program was fully up and running, so you shouldn't of needed a visa or indeed been eligible if you complied with the VWP. I would of thought as soon as your name and DOB are put in the computer they will probably know you have previously had a visa.

Claire

 

[patdavies]

Back in 1993 the Visa Waiver Program was fully up and running, so you shouldn't of needed a visa or indeed been eligible if you complied with the VWP. I would of thought as soon as your name and DOB are put in the computer they will probably know you have previously had a visa.

Claire

Not at all, On my previous passport, I had an indefinite visa that I continued to use and not bother with VWP. Now I use VWP and have not been challenged.

For 56 million Britons, name and DoB are not sufficent discrimination.