Visa

[musketeer]

Ok thanks just hope everything will be alright

thanks for the advice

 

[homerdog]

Your son was arrested, but wasn't charged with any offence, or even cautioned. This means that he can use the Visa Waiver with a clear conscience. Believe me when I tell you that the US Immigration Official will have absolutely no access to UK records relating to your son. The only way he will find out is if you tell him!

There is so much rubbish talked about this subject, but basically it is the heavy-handed approach of the US authorities that causes the US Embassy to tell you that your son needs a Visa. If you phone them and ask, what do you expect them to say? It's far easier for them to tell anyone who calls that they need one.

It actually makes me quite annoyed to see the distress this causes people, and it only makes matters worse when people claim that US authorities have routine access to UK records. They don't, and unless you're a terrorist they couldn't care less. Just go on your holiday, don't worry and everything will be fine

If it matters, I am in a position to be able to speak on the subject with an 'insider's' point of view.

 

[patdavies]

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.

From the US Embassy Visa Website:...

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

Having said this, I would go with the VWP as, like others have said, US Immigration do not have access to this information.