Visa Waiver Program - Arrested not Charged

[blott]

<blockquote id="quote" class="ffs">quote:Originally posted by 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.[/quote]The visa waiver form has always, as far as I'm aware, had exactly the same questions on it, one of which involves convictions, so this is nothing new at all and I'm not sure how you managed to miss this on your visit in 2000. A sample visa waiver form is here http://www.orlando-guide.info/forums/topic_14753.asp Question B on the second side is the one about arrests or convictions.

Perhaps the confusion lies in the term 'moral turpitude'? Moral turpitude means:

1 : an act or behavior that gravely violates the sentiment or accepted standard of the community
2 : a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense

As Carla has said, the VWP has made entry into the USA much easier for whole loads of people as everyone used to have to get a visa. So, rather than making it more difficult, it's been much easier for the majority of people to visit the USA since it was introduced.

If someone has been arrested, gone to court and been given a suspended sentence, then they obviously have an arrest and conviction and need a visa to visit the USA. The USA immigration service don't know whether that the person made a stupid mistake and are quite sensible, in my view, for wanting to check out people with either arrests or convictions. The UK has similar restrictions on visitors who come here so there's nothing unusual about that at all.

I've never encountered anyone at Immigration with a face like thunder - most of them are pretty human and humourous in my experience (and we've been a lot of times). You'll also find armed police at all the UK airports, so I'm not sure why you should be surprised to see these in the USA?

[Steve and Dawn]

<blockquote id="quote" class="ffs">quote:Originally posted by blott

Originally posted by The Cook crew
Thanks Nostromo

If someone has been arrested, gone to court and been given a suspended sentence, then they obviously have an arrest and conviction and need a visa to visit the USA. The USA immigration service don't know whether that the person made a stupid mistake and are quite sensible, in my view, for wanting to check out people with either arrests or convictions. The UK has similar restrictions on visitors who come here so there's nothing unusual about that at all.

I've never encountered anyone at Immigration with a face like thunder - most of them are pretty human and humourous in my experience (and we've been a lot of times). You'll also find armed police at all the UK airports, so I'm not sure why you should be surprised to see these in the USA?

Blott, here is a situation for you then. What if someone has been arrested for Affray or B of P and fould Not Guilty had their finger prints taken and subsequently destroyed following the verdict?

Also just We did have an awkward Immigration official a couple of years ago. She asked how long we were staying and we told her 89 days. To which her attitude changed, she said what happens if your Aircraft becomes unseviceable and you are unable to leave the country, you will be in violation of Federal Law. I didn't know what to say other than to tell her that's why we didn't stay for 90days. She then asked when were we there last? I told her Last Christmas/New Year she said you do realise that you are only allowed to stay 90 days in any 12 Months!! I thought that was wrong but didn't argue, this was October and If she was right then we were likely to be over our time. I started to think we would not be let in. We had to dig out our car hire paperwork, hotel vouchers, (Before we bought Villa). I have since found out that we are allowed 180 days in any 12 months. Does that sound right?

Steve & Dawn

[E. Cosgrove]

possibly what Cook Crew is trying to say Carla is that after 5 years the convidtion is considered spent and in this country you no longer have to declare it ( except in some specific cases) whereas in the US it would never be considered spent however long ago it was. Good Luck Cook Crew and Mary with your visa applications.

[blott]

<blockquote id="quote" class="ffs">quote:Originally posted by Steve and Dawn
<blockquote id="quote" class="ffs">quote:Originally posted by blott

Originally posted by The Cook crew
Thanks Nostromo

If someone has been arrested, gone to court and been given a suspended sentence, then they obviously have an arrest and conviction and need a visa to visit the USA. The USA immigration service don't know whether that the person made a stupid mistake and are quite sensible, in my view, for wanting to check out people with either arrests or convictions. The UK has similar restrictions on visitors who come here so there's nothing unusual about that at all.

I've never encountered anyone at Immigration with a face like thunder - most of them are pretty human and humourous in my experience (and we've been a lot of times). You'll also find armed police at all the UK airports, so I'm not sure why you should be surprised to see these in the USA?

Blott, here is a situation for you then. What if someone has been arrested for Affray or B of P and fould Not Guilty had their finger prints taken and subsequently destroyed following the verdict?

Also just We did have an awkward Immigration official a couple of years ago. She asked how long we were staying and we told her 89 days. To which her attitude changed, she said what happens if your Aircraft becomes unseviceable and you are unable to leave the country, you will be in violation of Federal Law. I didn't know what to say other than to tell her that's why we didn't stay for 90days. She then asked when were we there last? I told her Last Christmas/New Year she said you do realise that you are only allowed to stay 90 days in any 12 Months!! I thought that was wrong but didn't argue, this was October and If she was right then we were likely to be over our time. I started to think we would not be let in. We had to dig out our car hire paperwork, hotel vouchers, (Before we bought Villa). I have since found out that we are allowed 180 days in any 12 months. Does that sound right?

Steve & Dawn[/quote]Oh crumbs, you're going to start Robert off here! According to the American Embassy http://www.usembassy.org.uk/cons_web...l.htm#nineteen there are no restrictions on the number of times you can use a visa waiver during any period. But it depends on the Immigration officer on the day, even if you have a visa, whether they will allow you in.

The regulations say arrested and/or convicted so I guess you'd need to check that out with the Embassy for yourself. It sounds to me like you'd need a visa but I'm no expert!

[Steve and Dawn]

<blockquote id="quote" class="ffs">quote:Originally posted by blott
<blockquote id="quote" class="ffs">quote:Originally posted by Steve and Dawn
<blockquote id="quote" class="ffs">quote:Originally posted by blott

Originally posted by The Cook crew
Thanks Nostromo

If someone has been arrested, gone to court and been given a suspended sentence, then they obviously have an arrest and conviction and need a visa to visit the USA. The USA immigration service don't know whether that the person made a stupid mistake and are quite sensible, in my view, for wanting to check out people with either arrests or convictions. The UK has similar restrictions on visitors who come here so there's nothing unusual about that at all.

I've never encountered anyone at Immigration with a face like thunder - most of them are pretty human and humourous in my experience (and we've been a lot of times). You'll also find armed police at all the UK airports, so I'm not sure why you should be surprised to see these in the USA?

Blott, here is a situation for you then. What if someone has been arrested for Affray or B of P and fould Not Guilty had their finger prints taken and subsequently destroyed following the verdict?

Also just We did have an awkward Immigration official a couple of years ago. She asked how long we were staying and we told her 89 days. To which her attitude changed, she said what happens if your Aircraft becomes unseviceable and you are unable to leave the country, you will be in violation of Federal Law. I didn't know what to say other than to tell her that's why we didn't stay for 90days. She then asked when were we there last? I told her Last Christmas/New Year she said you do realise that you are only allowed to stay 90 days in any 12 Months!! I thought that was wrong but didn't argue, this was October and If she was right then we were likely to be over our time. I started to think we would not be let in. We had to dig out our car hire paperwork, hotel vouchers, (Before we bought Villa). I have since found out that we are allowed 180 days in any 12 months. Does that sound right?

Steve & Dawn[/quote]Oh crumbs, you're going to start Robert off here! According to the American Embassy http://www.usembassy.org.uk/cons_web...l.htm#nineteen there are no restrictions on the number of times you can use a visa waiver during any period. But it depends on the Immigration officer on the day, even if you have a visa, whether they will allow you in.

The regulations say arrested and/or convicted so I guess you'd need to check that out with the Embassy for yourself. It sounds to me like you'd need a visa but I'm no expert!
[/quote]


Lol........ ok yes I would do that it was just a hypothetical question.....

Steve & Dawn

[Robert5988]

<blockquote id="quote" class="ffs">quote:Oh crumbs, you're going to start Robert off here! [/quote]

What Me! LOL

I agree with everything Blott says.

I always advocate simply reading the regulations!!! It is also absolutely correct to say that whether entering on a Visa or a Visa Waiver The immigration officers can refuse entry if they see fit. I think it is reasonable to assume that they would need a good reason to refuse entry – and even suspicion is sufficient reason – as they do not deport people lightly. The problem with entering on a Visa Waiver is that you waive your right to appeal or review their decision.

My reading of the regulations is that it is a cut and dried case. If you have been arrested, regardless of what happened subsequently, you require a Visa. However if clarification is required, contact the Embassy.

[The Cook crew]

Carla
We feel quite hurt at some of your comments. Obviously you have to be guilty of something to be arrested and appear in court. My point is that this happened over 17 years ago while the person concerned was a teenager. The offence committed was petty not criminal hence no criminal record. A suspended sentence was given due to a previous unblemished record. With regard to the faces like thunder and guns, this was our experience on clearing immigration control at MCO in Oct 2000. Blott, while I know that armed police are present in the UK, the big difference here is that people taken in for interrogation are not shackled like animals. I was watching Trevor McDonalds Tonight programme a few months ago and witnessed someone from the UK being treated in the manner described above by immigration officer because of a parking ticket that was issued on a previous visit to America. The ill treatment of visitors to the US must exist or else why do programmes like this highlight the issues.

[chunkichik]

The only experience I know of regarding this situation is when my husband and five others were granted offers of employment in North Carolina.

They were all told not to tell the officials that they were there to tour their employment facilities but to state they were on vacation.

One member inadvertantly told the officials they had been offered a job and the second had filled in the visa waiver stating that they had been arrested with a suspended sentence on a drug related charge.

These two men, never made if further than the airport and were put back on the same plane home.

I am unsure if any lenghth of time from the conviction would make a difference, but would urge contacting the embassy, they are very helpful and you should have plenty of time to apply for the visa if necessary.

Good luck cook crew, I am sure it will go all go smoothly and you have a wonderful time

[Carla]

Cook Crew, I don't understand why you feel hurt at my question. You wrote in your post:

Although given a suspended sentence with no criminal record

and I couldn't see why you felt that a suspended sentence meant that the person didn't have a criminal record. I've no experience of any of this, so merely asked the question.

The ill treatment of visitors to the US must exist or else why do programmes like this highlight the issues.

Because they are sensational and make for a good story. They never highlight just how extremely rare this is, or give you the whole story.

It's the same with programs about owning a home in Florida. Those of us who do own a home, cringe, when we watch these programs, at all the blatant lies, and "twisting" of facts into something that we don't recognise at all.

It wouldn't make good television if they told the truth.

[The Cook crew]

Like you Carla, I have no experience of getting on the wrong side of the law. Your statement "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" came across as being judgemental. The purpose of my original posting was for advice on the quickest way of applying for the special restricted visa and how long it takes to receive. I simply wanted to hear from anyone who had experienced similar problems as result of arrest or court appearance.