Visa Waiver Program - Arrested not Charged

[The Cook crew]

Please help

We are booked to fly out to Orlando for our 2nd visit on May 30th this year as a family group. Unfortunately 1 member of the family was arrested and appeared in court 17 years ago. Although given a suspended sentence with no criminal record, it would seem through these posts that the Visa Waiver program is not an option. The flights are booked and paid for and villa deposit paid as we honestly thought that only people with criminal records would have problems gaining entry to America. At the time of booking the flights, the only question asked by the tour operator was 'does any person travelling have a criminal conviction against them' Of course my answer was no as I was blissfully unaware until I found out that even to be arrested would have serious implications. Can anyone advise on the quickest way of applying for the special restricted visa and how long it takes. We've been saving for 4 years for this holiday. It was supposed to be a dream holiday but is slowly turning into a nightmare [msncry]. Any replies would be extremely welcome.

[poohbear]

the only true way to know would be to telephone the american embassy in london.

[Nostromo]

<blockquote id="quote" class="ffs">quote:Originally posted by The Cook crew
Please help

We are booked to fly out to Orlando for our 2nd visit on May 30th this year as a family group. Unfortunately 1 member of the family was arrested and appeared in court 17 years ago. Although given a suspended sentence with no criminal record, it would seem through these posts that the Visa Waiver program is not an option. The flights are booked and paid for and villa deposit paid as we honestly thought that only people with criminal records would have problems gaining entry to America. At the time of booking the flights, the only question asked by the tour operator was "does any person travelling have a criminal conviction against them" Of course my answer was no as I was blissfully unaware until I found out that even to be arrested would have serious implications. Can anyone advise on the quickest way of applying for the special restricted visa and how long it takes. We've been saving for 4 years for this holiday. It was supposed to be a dream holiday but is slowly turning into a nightmare [msncry]. Any replies would be extremely welcome.
[/quote]

I may be wrong, but I think even a suspended sentence might be considered as a 'criminal record'. In any case, the fact that the person was arrested would mean that he/she would be automatically ineligible for VWP and has to get a VISA. If he/she has not declared this arrest and travelled to the US on the VWS before, it could become an issue when they consider the application. But if they have not done so, I cannot imagine why a visa won't be granted.

My suggestion would be to contact the US Embassy asap and explain the situation to them, including your travel dates. I am sure that they'll be understanding. All the best.

[The Cook crew]

Thanks Nostromo

A phone call to the US embassy it will be first thing on Monday. When we last travelled to the states in 2000, I don't recall seeing anything about being arrested or having a criminal conviction on the VWP. Then again, I probably thought nothing of it as I knew that our group could honestly answer no to all the questions. This time is entirely different however.

[marv]

same hear cook crew wasn,t made aware of convictions or given any info. We had confirmation come through for holiday 2006 from virgin today. Still they do not inform on the letter that if there was any convictions in your past life then you need a visa. It gave all the info on passports and needing visa if you have to renew it now or in future but not a dicky bird about criminal convictions. This makes me wonder wether visa is really needed at the moment.

[poohbear]

best not take a chance tho marv imagine having nearly nine hours on a plane to get there and be told you cant come in you have to go home[msncry][msncry]

[marv]

No ime not poobear ime definatly going to get a visa. I really wouldn't be able to cope with worry

[The Cook crew]

Marv

I'm sure we're not the only one's in this dilemma. You can bet your life that everyday others are entering the US without declaring arrests/convictions etc. However, like you I would worry to much which would completely spoil the holiday. I can't see the US tourist industry flourishing in the future if this is how they treat prospective guests. While I agree that they are entitled to let in or deny access to whom they want, I do feel that they are going a bit OTT. To have to declare an arrest even if charges were never brought is ludicrous. What happened to innocent til proven guilty! We all did stupid things while we were young with no responsibilities. I fully understand why the US wouldn't want life's most undesirables who had committed horrendous crimes entering their country, I wish our country would adopt these and other stricter policies on immigration here. I do however, feel that the way US immigration control greets tourists is intimidating, frightening and very very intrusive. Even if you have absolutely nothing to hide, the sight of armed border control guards with faces like thunder makes you feel like you're guilty of something and puts the fear of god into you. I'm afraid that the thought of what we have to go through in obtaining special visa's for a mistake 17 years ago has totally wiped out the excitement of the holiday[msnsad]. This experience has been so stressful.

[poohbear]

please dont let this spoil your holiday...
i am sure you will sort it all out. i have never been arrested but i have had to go to the police station and answer a few questions at my descression. so i am a little worried myself. (but i will find out when i get there as i am not going to apply for a visa for that)
i have never had my fingerprints taken.
as for the immigration officers yes they do look a bit daunting but i have actually had a laugh with them.(think they have to put that stern look on) just remember they are human too.

[Carla]

When I first went to America back in the 70s, everyone had to get a visa in order to be allowed entry into the Country. They considerably relaxed their previous requirements when they introduced the VWP for UK nationals and a number of other countries. As part of this relaxation, so that the majority don't have to get a visa, they require that anyone who has been arrested etc. declare this and obtain a visa. I've never heard of anyone in your family members' situation who has been refused this visa. It is still very easy for the vast majority of people to enter America. I've also never been aware of the "guns" or "faces like thunder" either and I've travelled via majority of the Eastern seaboard ports of entry!! They do take entry into their country seriously, particularly since 9/11, but majority of immigration personnel have a smile for visitors and are helpful if you need help.

I'm also not sure how someone can be arrested, appear before a court, be given a suspended sentence, and yet not consider this to be a criminal record. Surely you have to be guilty of something to get a suspended sentence?