Visa

[musketeer]

Not sure if we are allowed to talk about this sorry in advance if we are not. My son got arrested about a month ago the police have said that they will take no further action but the problem is that we have booked this holiday to Orlando 18 months ago we are flying out in November.

I phoned the us embassy and they said he needs a visa but i will also need to get a letter from the police to say what he was arrested for etc, unfortunately i was told that it would be a 14-16week wait after the interview
i cannot even make an appointment until this letter comes through so it looks like i will either change the holiday dates or take him off the holiday altogether
the only other option is to go to Belfast and see if that is any quicker any suggestions welcome.

tracy

 

[jen_uk]

Did you tell the embassy your sons name? If not still travel on the visa waiver, the US do not have details of arrest records in the UK. Even if he was charged they wouldnt have the info unless it was a terrorism related charge.

Also if you do have to apply for a visa you generally find out the same day whether you have it or not and its only a 3 week wait to get an interview. My dh had to get one as hes not British and he had no problems. Unless your son was involved in something really serious then I cant see the US caring about 1 arrest!!

 

[musketeer]

Did you tell the embassy your sons name? If not still travel on the visa waiver, the US do not have details of arrest records in the UK. Even if he was charged they wouldnt have the info unless it was a terrorism related charge.

Also if you do have to apply for a visa you generally find out the same day whether you have it or not and its only a 3 week wait to get an interview. My dh had to get one as hes not British and he had no problems. Unless your son was involved in something really serious then I cant see the US caring about 1 arrest!!

He wasn't charged he was in the wrong place at the wrong time i know this sounds like he wouldn't do it but his so called mate set him up but we can't prove it.
He was accused of trying to break into a social club because the window was broken, so the police took fingerprints and a photo which i have since found out that they cross matched it for his DNA .
That's good to know that you generally find out on that day.
Thanks for the information.
tracy

 

[musketeer]

Forgot to say no i didn't give the embassy his name.

 

[jen_uk]

Definately travel on the visa waiver! There is no way the US embassy would know that he was arrested and I dont think they would care! I know people who have been arrested and travelled to the US loads of times without problems.

 

[wilma-bride]

I know I shouldn't really encourage you to lie but I would also travel on the visa waiver. We went last year (my DH was arrested and convicted of drink driving 10 years ago) and we didn't declare it. I must admit, I was absolutely crapping myself but it was fine and I needn't have worried.

We are going on the visa waiver this year as well (as long as no-one from here grasses me up now )

 

[musketeer]

That's my problem(worrying to much) i'd be the same wilma-bride but the way my lucks running at the moment i'd probably be the one that got caught oh i don't know what to do, will let you know what happens

Tracy

 

[wilma-bride]

Tracy, seriously don't worry about it. I am pretty sure that they don't check that deeply - just make sure YOU fill all the visa waiver forms in.

Worrying will only ruin the holiday for you and your family - life's too short. I really hope everything works out alright

 

[jen_uk]

Tracy, someone on here once posted that they know someone very high up in immigration and this person told them the US have no way of accessing UK police records. The only way the US hear of people is if they are in some way related to terrorism. As Wilma-bride said people with convictions travel without a problem and your son was only arrested so dont worry! If you apply for a visa now he will always have to apply for one as it will be on his file, its not worth the trouble!

 

[musketeer]

He was supposed to go back to the police station but 3 days before he was told he didn't have to then the policeman that arrested him phoned us the night before to say that he didn't have to attend i asked him if there would be anything kept on file and would it affect him going on holiday to the US and he said that there wouldn't be any record or file and that it wouldn't affect him going on holiday, but they did take his fingerprints and a photo so would that show up when he has to have his finger scanned at the immigration desk?
The policeman said that it would be kept on his computer only so i hope he hasn't put it on the police national computer.
As you can see i've got everything going round in my head and i really don't know what to do i think i worry to much.

Thanks for info

Tracy

 

[Cochise]

I am pretty sure that on the US site I read that all FAQ contacts etc are made are not kept for recording reasons until formal applications etc are made

 

[jen_uk]

The US immigration computers are not linked to the UK police computers, the reason the US takes fingerprints isnt to check the police records, its so that next time you go they know its def you and to check for terrorists etc.

US immigration has no powers over our police force and they are not allowed access to our records.

 

[musketeer]

this will be our last family holiday together as he's hoping to go into the RAF so i might just take that chance.
thanks for all the advice

will let you all know what happens.

Tracy

 

[allie5]

Hi Tracy

I was going to reply to you on the "other board" but the thread was closed - they dont like visa threads over there very much :teeth .

The "Official" line is ANYONE who has ever been arrested (not even charged) must apply for a visa. However, it is true what everyone has said, there is no way US Immigration would have records of arrests made in the UK. They almost certainly have databases of criminal activity and anyone who has spent time in prison or has been arrested for a "Crime of moral turpitude" (murder, rape, drugs, terrorism etc) could easily find US Immigration know all about it.

Im my opinion, your son should travel on the Waiver Scheme. Its 99.99999 % sure to be fine.

One word of advice, the Immigration officers sometimes ask "trick questions". On my first trip, a very scary person asked "How many times I had been in prison". Quite unexpected and I was momentarily stunned! I have heard of others being asked similar things, like how many times have you been arrested etc, so just be aware that this MIGHT happen and to obviously answer none! This happened to me some years ago though, and they do seem much friendlier these days!

Good luck and have a great trip!

 

[kristieuk]

I'm sure someone will tell me if I am completely wrong, but I wasn't aware that simply being arrested for an offence was something that prevented you from travelling on the Visa Waiver?

As far as I can remember, the Visa Waiver Form asks about criminal convictions, but obviously, simply being arrested doesn't amount to a conviction.

I have had a quick look at the US Embassy website, and the following link is all about eligibility for the Visa Waiver programme
Nationals of VWP countries must meet the conditions noted in Which travelers may use the Visa Waiver Program to enter the United States? in order to seek admission to the U.S. under the Visa Waiver Program. Travelers who do not meet these conditions must apply for a visa. In particular, a visa must be requested if the traveler:

• Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
• Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.;
• Does not have a machine-readable passport (MRP) as of June 26, 2005.
• Intends to travel by private aircraft or other non-signatory air or sea carriers to the U.S.;
• Has been refused a visa or admission to the U.S. before, or did not comply with the conditions of previous VWP admissions (90 days or less stay for tourism or business, etc.); or
• Has a criminal record or other condition making them ineligible for a visa (see Classes of Aliens Ineligible for Visas).

(sorry - link wouldn't work!)http://www.travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

I can't see anything on there about being arrested, although it does deal with convictions.

As I say, maybe I am completey wrong, and I know there are often discussions about people with convictions taking their chances, but when the police have confirmed they are taking no further action, don't understand where the problem is.

 

[musketeer]

Hi Tracy

I was going to reply to you on the "other board" but the thread was closed - they dont like visa threads over there very much :teeth .

The "Official" line is ANYONE who has ever been arrested (not even charged) must apply for a visa. However, it is true what everyone has said, there is no way US Immigration would have records of arrests made in the UK. They almost certainly have databases of criminal activity and anyone who has spent time in prison or has been arrested for a "Crime of moral turpitude" (murder, rape, drugs, terrorism etc) could easily find US Immigration know all about it.

Im my opinion, your son should travel on the Waiver Scheme. Its 99.99999 % sure to be fine.

One word of advice, the Immigration officers sometimes ask "trick questions". On my first trip, a very scary person asked "How many times I had been in prison". Quite unexpected and I was momentarily stunned! I have heard of others being asked similar things, like how many times have you been arrested etc, so just be aware that this MIGHT happen and to obviously answer none! This happened to me some years ago though, and they do seem much friendlier these days!

Good luck and have a great trip!

This is the first time he has been arrested and he hasn't got any other charges agains't him the police didn't even caution him like i said before this is the last holiday as he is hoping to go in to the RAF it would be a shame if he couldn't come.

Thanks for the advice will let you know what happens.

 

[musketeer]

Thanks to everyone for advice
Will let you know what happens

Tracy

 

[musketeer]

Just to let you know that i've just got the letter back from the police and it does have his arrest record on it so i phoned the US Embassy to make an appointment in Belfast but the lady didn't seem hopeful that i would get a visa in time for my son as she said it would take 12 weeks well if this is the case it certainly won't back in time as i fly out in November.

 

[angel659]

Hi

I cant believe all the questions you had how many times have you been arrested etc.... Knowing me I would go bright red and throw a mental and they would deport me.

I went last year flew to Sanford it was only my 4 year old and I who went they didnt take any pictures or finger prints literally said to Casey are you going to Mickey and let us threw we didnt even have our luggage re-scanned after picking it up. Perhaps it being just us two they wernt bothered or it was random not sure really. This year we are flying to MCO I am expecting big delays and lots of questions inc photos and finger prints.

Try not to worry travel on the visa waiver programme, if he wasnt charged I cant see there being any way that America will know he had been arrested. As people have said unless they are on the murder, rape or anything serious you should be fine. Especially if the police did say you will be ok.

Good luck and have a nice trip.

 

[jen_uk]

I agree I would go the visa waiver programme, they wont know he was arrested and it was for such a minor thing I dont think its worth causing trouble over!