Visa waiver question

[lookingforward]

I work for a police department in the US and my husband for homeland security.Forgive me if this does not apply in the UK, but here in the US you only have have a criminal history if you are convicted of a crime but your arrests will always pop up on a national search. An arrest with no conviction (dropped charges) is not considered a criminal history and won't count against you (although it does lend to a conversation when looking for a job,etc). Innocent until proven guilty. So if a US citizen was arrested for theft but not convicted (charges dropped, etc) then they have a clean record, so to speak as far as law enforcement is concerned.

Not sure if this applies when entering the US but she should ask the local police if they have ANY record of her earlier arrest. If there is no notation of her arrest at all on a national (UK) search then shouldn't she be okay?

Again, sorry for butting in, I saw this on NEW POST search.

 

[yo-ho-yo-ho]

Ok when i applied for my Visa a conviction couldn't be found by the Courts due to the length of time, the court wrote this on a letter to the Embassy.

Why put yourself through all that worry when you can just apply for a Visa.

 

[jen_uk]

Why bother when you dont need to?

 

[yo-ho-yo-ho]

Why bother when you dont need to?

Because the entry rules to the U.S are quite clear !!


Just imagine you've paid thousands for your hoilday, you're travelling with family and when you arrived at Orlando Airport you're refused entry

 

[Boss Hogg]

Why bother when you dont need to?

Precisely, I don't think that the OP was putting herself through worry until part way through this thread.

You might want to look at this !!

Applicants applying for a visa at the Embassy in London or the Consulate General in Belfast are required to furnish a recent Subject Access statement from the National Identification Service (NIS)

But she doesn't need to! Following your idea that why not apply it's easy, why don't we all apply for Visas? Better to be safe than sorry

 

[jen_uk]

Because the entry rules to the U.S are quite clear !!


Just imagine you've paid thousands for your hoilday, you're travelling with family and when you arrived at Orlando Airport you're refused entry

But why would she be when:

1 - there is no record of a criminal conviction:
2 - the USA wouldnt have access to her record even if she did!
3 - A visa does not guarantee entry to the USA, it only allows you to travel to the port of entry where even with a visa she could still be denied!!

 

[Boss Hogg]

Because the entry rules to the U.S are quite clear !!

I still think you are missing the point. The rules may well say what they say, but it is impossible for US immigration to have access to a record that does not exist. If you fill out your VWP form US immigration will have no possible way of knowing that you were once admonished by the police.

 

[Merylj]

I work for a police department in the US and my husband for homeland security.Forgive me if this does not apply in the UK, but here in the US you only have have a criminal history if you are convicted of a crime but your arrests will always pop up on a national search. An arrest with no conviction (dropped charges) is not considered a criminal history and won't count against you (although it does lend to a conversation when looking for a job,etc). Innocent until proven guilty. So if a US citizen was arrested for theft but not convicted (charges dropped, etc) then they have a clean record, so to speak as far as law enforcement is concerned.

Not sure if this applies when entering the US but she should ask the local police if they have ANY record of her earlier arrest. If there is no notation of her arrest at all on a national (UK) search then shouldn't she be okay?

Again, sorry for butting in, I saw this on NEW POST search.

Thankyou for that, I think that answers alot of questions.

 

[major]

Hi,
Thanks for all the replies. which are much appreciated..I think the general consensus seems to that she doesn't need to apply for a visa. However, I will let my sis read these and let her decide for herself.
Linda

 

[major]

edited as posted it twice