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Sorry to ask a stupid question but we are so confused. 8 weeks ago i was assaulted and did not want to press charges however the oyther person decided that they would like to have me charged. Anyway the police were really good with me and explained that i would have to be arrested as the officer had taken a statement from the other person and that it had gone down as a section 47 assault. The police said i would have to counter charge but that it was going nowhere as there was a witness on my side and not to worry. However on fathers day i was called to go to the station to be arrested and they constantly apologised. I made a statement on tape but had no finger prints taken, no photos or dna. They told me to go and enjoy my holiday. We rang the emmbassy the next day and were told that if i had been charged i would need a visa, so we made a app for 3 weeks later. The day before we were due to go to belfast we got a phone call saying no charges were being brought against me and that a warrant was out for the arrest of this other person. We contacted the emmbassy straight away to be told i would not need a visa and that they were looking for the big fish in the big pond and i was not even plankton...nice! Anyway we are due to go in 12 days with 2 autistic children and i am so worried can someone please give me some advice[msnsad]
sundowner
22-08-2005, 21:53
Sorry to hear of your dilemma, these mindless thugs just do not realise the stress they cause. I would firstly, ask the Embassy and Police to give written confirmation if they possibly can.
After that, I'm afraid I cannot think of anything to suggest but I am sure someone will be able to give you good advice.
Robert5988
23-08-2005, 00:55
If I understand your post correctly it seems you cancelled your appointment at the embassy. However it is not clear from your post if you were arrested or not – a visit to a police station to make a statement does not necessarily mean you have been arrested.
If you do a search on this forum you will find scores of posts of this subject and you will come away as confused as ever.
You have rung the Embassy twice and been given advice – presumably you think this advice could be wrong?
The Embassy regulations make it quite clear that if you have ever been arrested you need a Visa; but who reads the small print on the Embassy web site? The Visa waiver form – which the vast majority of European citizens use - does not make that clear at all and you can read it in any number of ways.
You are the very first person I have even heard of that has had such a response from the Embassy i.e. don’t bother with a Visa. Although it is quite clear that you are not the sort of person they are trying to stop entering the USA, it would appear from your second reported conversation that the advice you have been given conflicts with their regulations.
As it is now too late to get a Visa you have 3 choices:
Cancel your trip, go on a Visa Waiver and answer ‘No’ on the form, or answer ‘Yes’ on the form.
What further advice do you seek?
Robert, sorry if i sounded a bit confused. The police said it was classed as an arrestible offence. The police officer said i would have to attend the station to be arrested and i did so. However the police made it quite clear this was going nowhere and took no fingerprints, photos or dna. I had nothing taken away from me and was shown into a office where i gave a statement. The police officer dealing with it said she had a villa out in florida as we had explained about our holiday and would this affect it, she said no but we contacted the emmbassy to be on the safe side. When we contacted the police to confirm had i been arrested they said they could find no record of me and the officer had gone long term sick and her sergent would deal with any questions. We got the call the day before we were due to go to belfast to say no further action would be taken and to enjoy our hols. So we contacted the emmbassy and that was when we spoke to someone who said that i would not need a visa and then we rang again to see if we got the same advice again to be on the safe side. I am very worried that if i have been arrested then i would hate to think i break the law by not being honest and do not wwant to have to return back home with 2 dissapointed children. If i go on the visa waiver how do they know if i have been arrested when the police are not even sure. To be honest if we do go this will be the first and the last, we will stick to europe as it's not worth the stress.[msnscared]
Robert5988
23-08-2005, 03:47
Lots of offences can warrant an arrest. If my firm accused me of stealing money from them, the police would interview me but that doesn't mean to say I am arrested. After considering all of the evidence they may, or may not, arrest me in conjunction with the offence.
It would therefore appear you have not been arrested - you are formally cautioned if you are arrested - and it is not unusual for the police to take statements. That being so you can obviously go on the Visa waiver.(provided you meet all of the other criteria)
If you are still not certain if you were arrested or not, go to the police station and demand the answer from the duty officer - they have to log these things.
No arrest and you can put 'No' on the Visa Waiver Form.
One piece of advice: do not explain the sequence of events to the Immigration officer in the USA, and ask his advice, as you will probably be taken for questioning with a long delay to sort it out. 'No' is 'No'
You ask "How do the Immigration Authorities in the USA know if you have been arrested?" The simple answer is they can't, but they can find out from asking the UK authorities if they have any serious suspicions. The chances of them doing so, one assumes would be tiny as several million enter the USA on a Visa Waiver and only a handful are refused entry.