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MY BOYFRIEND WAS ARRESTED OVER A YEAR AGO NOW. NOTHING SERIOUS, AND NEVER WENT TO COURT.
HE APPLIED FOR A COPY OF HIS RECORD FROM THE POLICE STATION AS HE WAS TOLD HE WOULD NEED THIS FOR HIS VISA INTERVIEW.
WHEN THE FORM CAME THROUGH IT WAS BLANK, SAYING HE DID NOT HAVE A RECORD.
DOES HE STILL NEED A VISA THEN, OR CAN HE ENTER UNDER THE VISA WAIVER PROGRAMME WITH EVERYONE ELSE?
ANY THOUGHTS WOULD BE APPRECIATED.
THANKS IN ADVANCE
NIC
If it didn't show on the national identification document, i myself would go on the Visa waiver. Dont put yourself's through all the agro off applying for a visa if you dont need too. The usa say yes you should apply for one even if its an arrest without conviction. As i see it if it doesn't show on the Nis document then i wouldn't worry as your boyfreind couldn't find anything on himself, ime sure the US wont be able too.
Bestwishes Marv
musictech
13-04-2005, 17:52
This is a subject that's been covered many times in various parts of the forum, but still seems to be the source of a lot of confusion.
The US government is absolutely clear and unequivocal on the point that, if you have ever been arrested - no matter what the outcome - you cannot travel under the visa waiver programme (VWP).
I traveled to the US under the VWP last year without any problems. I was lucky, because I hadn't understood the implications and therefore the risk of being denied entry. Everyone's circumstances are different, but I've been arrested twice: the first was fifteen years ago and a case of mistaken identity (honestly! even though they held me for 24 hours!) and the second was thirteen years ago for a moving vehicle offence resulting in a successful prosecution. I intend to apply for a visa before my next visit, BUT:
I've recently undergone an enhanced CRB check and nothing came up - my record was completely clean. I questioned both the CRB and a friend who's a police officer (and who made some discreet enquiries on my behalf), and they each said that there would be nothing held on record given the time elapsed and nature of the arrests. (My policeman friend also said that no record would be kept of a moving vehicle offence). This would appear to be because of the Rehabilitation of Offenders Act, which does NOT apply to US Visa law. However, the Act doesn't apply for an enhanced CRB check either, so I'm a little confused to say the least - if I can't get the info, then perhaps it no longer exists (although there might be a court record somewhere) and perhaps that's why I had no trouble with the VWP. I haven't yet tried to get the information from anywhere else, as I'm not intending to apply for a visa yet, but when I do, I'll let you know how I get on...
Curly Wurly
13-04-2005, 18:07
Hi Nic,
I was under the same dilemma with my husband. He was arrested 10 years ago (but he did get a conviction). However, there was nothing on the police records but still a file at the court. We travelled to FLorida in 2003 under the visa waiver program, again like musictech not knowing the implications of being arrested for 'moral turpitude' we ticked 'no' on the form.We, personally, didn't want to risk him being turned away on our trip this year so we applied for a visa and it was granted for 10 years but it is a bit of hassle. I still think for peace of mind its worth it. [msnsmile2]
Nic,
We were in exactly the same situation as Curly Wurly. Hubby's drunk & disorderly was 20 years ago and despite being regarded as a 'spent' conviction in the UK (but NOT the US) will still have court records relating to it.
Purely for peace of mind hubby applied for a visa. I can't lie and say the process is easy, it is a complete pain and involved financial expenditure, BUT to know that the visa has been granted and you do not have to lie on the Visa Waiver Form and risk getting caught out is well worth it.
[msnsmile]
<blockquote id="quote" class="ffs">quote:Originally posted by musictech
This is a subject that's been covered many times in various parts of the forum, but still seems to be the source of a lot of confusion.
The US government is absolutely clear and unequivocal on the point that, if you have ever been arrested - no matter what the outcome - you cannot travel under the visa waiver programme (VWP).[/quote]You have just stated the facts of the requirements for the visa waiver program so, if you have ever been arrested or convicted, then you cannot travel on the visa waiver program - you are asked a direct question about this on the form and would need to lie in order to be admitted under the visa waiver program. If you tell the truth and put 'yes' to this on the visa waiver form, you would not be allowed entry.
If you are found to be lying, then you could face serious consequences on two counts, first for having been arrested and second for lying on the visa waiver form. None of us know the information the USA Immigration services have available on their computer system, particularly since you can imagine it has probably been enhanced considerably since 9/11.
The US entry regulations are very clear - if you have been arrested or convicted of anything (other than a minor traffic offence) then you cannot travel on the visa waiver program and need to apply for a visa.