Visa Waiver help for 15 year old

[Miss Stitch]

Recently my 15 year old son had a fight with a kid the same age and came off best. Unfortunately he was arrested for assault, he wasnt charged and just got a warning.

My question is that we were thinking about returning to Florida next year. I have checked out the Visa Waiver requirements and I can only find mention of assault with weapons or upon certain people. I dont know if it me but I just dont see assault there on the list. I dont mind getting him a visa, but a trip to London from Yorkshire on public transport (dont drive) wouldnt be my idea of a fun day out

I wouldnt try to get away with the visa waiver, would be too scared if he got turned away.

Does anyone know the answer to this I have searched the web for an hour but cant see it anywhere?

 

[Jakey Rowling]

Getting arrested isn't a problem in itself.
Lots of people get arrested on suspicion of whatever and subsequently released without charge.

It's getting a conviction which can be the issue.
If he wasn't charged as you say then you shouldn't have a problem with the visa waiver.

From the website below for more info on youth justice.
Criminal records
Fines, warnings or reprimands don't show up if someone performs a basic criminal record check.

So you should be OK for the visa waiver.

http://www.direct.gov.uk/en/YoungPeople/CrimeAndJustice/CrimeAndTheLaw/DG_10028367

 

[SimonV]

This is a really tricky question these days and, unfortunately, the US immigration authorities use the word 'arrest' rather than a 'conviction' under their criteria. The US Embassy has a good website for info on things like this, but I suspect your son, as a minor, may not come under the conditions they are looking for.

However, for a quick answer, try here:

http://london.usembassy.gov/cons_new...sa_wizard.html

A commonly asked question may be answered by the following:

Question 8 : Arrests & ConvictionsSome applicants are uncertain how to answer the question, "have you ever been arrested?"

In general, minor and common motoring offenses outside the U.S. that were disposed of by paying a ticket by mail have no bearing on admission to the United States. Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question would be to apply for a visa. The Embassy and the Live Operator Information Service cannot provide any further guidance on this matter until you appear in person before a consular officer.

One key question on the Visa Waiver Wizard is as follows:

Is the full extent of your history of legal violations limited solely to minor traffic offenses that did not result in your arrest and/or conviction?

If you answer NO to this question, you get the following page:

Not Eligible for Travel on Visa Waiver Program travel
You are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.
Please note that the Rehabilitation of Offenders Act does not apply to U.S. visa law. If you attempt to travel without a visa, you may be refused entry into the United States at your personal expense.

Applicants who have been arrested or convicted are also subject to additional documentation and processing time.

 

[Miss Stitch]

Thanks you all your help. I know that any arrest for moral turpitude need to be disclosed but on the list of moral turpitude crimes I cant find assault, just assault with weapon and upon certain types of people eg. JP's. I have checked the list but cant find assault.

I am not sure if just plain assault, with is usually what you are arrested/charged with after a fight is a crime of moral turpitude. After all it was just a fight between two 15yo schoolboys.

 

[musketeer]

unfortunately about 3 years ago my son was arrested he was 15 at the time he wasn't convicted but i sent off for the police record anyway and it came back that he had been arrested and what for so he now has a visa.
This arrest is on the police national database and i wasn't going to take any chances as not sure how much information is shared.