View Full Version : Immigration questions
Hi
This is my first posting on this site (which I think is fab, by the way!) W're visiting Orlando in January 2005 and have just received
a copy of the I-94W form. One of our group has just told me that he was taken to his local police station way back in 1968-69 (he can't remember the exact date) along with a group of friends. They'd been out drinking and one of them broke a shop window and stole a bottle of drink. They were all taken in, but the culprit owned up so the others were let off. The trouble is, this guy can't remember if he was formally arrested. I'm not happy with him ticking 'No' to Question B without contacting the US embassy - he thinks I'm being paranoid.
Any advice?[confused]
Given that the offence was such a long time ago I doubt that he will have anything to worry about.
If he wasn't the culprit and not formally charged he should be ok.
The US Authorities are more interested in more recent a nd more serious offences.
I doubt you will have any problems
Magical Dreams
12-10-2004, 21:36
You might be has well checking it out though!
It all depends if the records have been kept up to date!
These things have a strange way of appearing when you least expect it!
Fingers Crossed it will make no difference!
[lucky][beer][lucky]
The amount of time back is not relevant in one way in that the Rehabilitation of Offenders act does not apply to US immigration issues but is in another way in that it was way before computerisation so I would think it would be unlikely that this is going to bite him on the leg. However unlikely does not mean impossible. If you are not going till January you probably just about have time for him to apply for a visa.
sandra777
12-10-2004, 23:54
If he was released without charge then I would have thought any records kept are covered by the Data Protection Act and therefore not allowed to be retained (old records were transfered onto the Police National Computer). However, if in doubt it may be worth contacting the police force responsible and asking them.
If your friend was arrested they need to get a US Visa. The Data Protection Act or the Rehabilitation of Offenders Act is not recognised in the US.
I would recommend that you look at the US Embassy website - www.usembassy.org.uk/cons_web/visa/niv/add_crime.htm
I would ask them to contact the Police Force that dealt with or through the contact on the website to see what did happened.
I would ask you to note that when I spoke to my Court in Scotland (speeding conviction), they were sure that I did not need a Visa and advised me to go the US without having one. Can you image what would have happened if I then ticked the Yes box for convictions. As I have a holiday home there, this was never an option I was willing to risk.
Could you not call into a police office and ask them to check what records they have on you, if any?
Thanks for your replies. He's going to contact the police station for further advice.
Cruella DeVilla
14-10-2004, 15:59
Great mover Linda.......the avatar not you!
Hi Cruella
She's great isn't she? Wish I could move like that!!
[msnwink]
We've been in touch with the police and they said no worries - it wouldn't still be on record as he wasn't charged with anything. Panic over [clap][clap]. Still, I think I'm going to be nervous going through immigration anyway - it sounds like it can be a very daunting experience at the best of times![gun] Definitely won't crack the "Walking on the Moon" joke [laugh][laugh]. Guess it's best to stay [msncool]. Don't you just love these :):)
Cruella DeVilla
14-10-2004, 17:18
Best to stay serious when you come through immigration, we try to join the queue of the guy who normally processes us in as he is really friendly, some of them are a bit stoney faced[msneek]
traceya89
17-10-2004, 01:53
How do the US immigration know if you have a criminal conviction or an arrest, not that i have, but i hope that the UK also decide to opt for what the USA are enforcing. i am sure at the end of the day a lot of money is being made by the £1.30 a minute charges to the embassy!
<blockquote id="quote" class="ffs">quote:Originally posted by traceya89
How do the US immigration know if you have a criminal conviction or an arrest, not that i have, but i hope that the UK also decide to opt for what the USA are enforcing. i am sure at the end of the day a lot of money is being made by the £1.30 a minute charges to the embassy![/quote]This requirement is nothing new, has been in existence since the visa waiver programme was introduced some years ago and I think you'll find that the UK has similar requirements (also that they've had for a very long time).
I doubt they're likely to let us all know their information sources Tracey. All we need to know is that they have access to this information.