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USA travel after arrest...

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spindle76 | 21:05 Mon 28th Nov 2011 | Travel
26 Answers
spindle76
Hi, my friend and i are going to New york in June, however he has just been arrested and charged with common assault. We've both already have had our ESTA approved so where does he stand?.........
Thanks...
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Avatar Image rockyracoon
I would b inclined to stay shtum and just go, if the embassy refuse to give him a visa then he won't be able to go.
21:20 Mon 28th Nov 2011
Avatar Image gadgetgeek
An approved ESTA does not guarantee entry to the US. If someone has been arrested they will be sent straight back home. Check the US travel website, it will explain all.
22:23 Mon 28th Nov 2011
Avatar Image sherrardk
Just curious, does that mean you can't go to America if you have ever been arrested? I haven't, by the way, just wondered.
22:24 Mon 28th Nov 2011
Avatar Image boxtops
From previous posts, sherrard, I believe you can't ever go if you have a conviction.
22:25 Mon 28th Nov 2011
Avatar Image MarkRae
^^ To qualify that a bit, the US immigration authorities have no access to the UK Police National Computer. The only way that they could be aware of this is if the police consider him a threat to global security, such as being a known terrorist or drug smuggler etc.

That said, you are supposed to inform US immigration of any changes of circumstance after our EST was issued...
22:26 Mon 28th Nov 2011
Avatar Image MarkRae
Again, not quite true, Boxy. The US immigration rules say that you are to inform them of any conviction or even any arrest and, if you have either of these, then you must apply for a full visa. This can take many months. However, if your conviction isn't classed by the US as "moral turpitude", there is quite a good chance that you will be granted a visa, eventually. If it is, though, you have next to no chance of ever getting into the US legally...
22:28 Mon 28th Nov 2011
Avatar Image sherrardk
But isn't arrested different to a conviction. Himself has been arrested (years ago, not charged) - would that stop us going to America now (if we ever had the money)? Always said we would go and do one of those drive through wedding things, dressing the kids upetc.
22:28 Mon 28th Nov 2011
Avatar Image gadgetgeek
Yes, I am afraid so. Unsure if there are any exceptions but haven't come across any. Up to you if you declare it. If you don't then you have to take the gamble on if entry is allowed. Its a stupid law but there u go.
22:29 Mon 28th Nov 2011
Avatar Image boxtops
Ah - thanks Mark, I'd understood otherwise.
22:30 Mon 28th Nov 2011
Avatar Image MarkRae
As before, this is all explained in great detail on the US immigration website...
22:30 Mon 28th Nov 2011
Avatar Image boxtops
I'm not likely to go to the States, so I've never looked there...
22:32 Mon 28th Nov 2011
Avatar Image douglas9401
That pretty much appears to be the case sherrardk. Unlike us the US seems to have decided that they have enough home-grown talent to deal with without importing more.
A good friend of mine spent over a hundred pounds on the US embassy premium rate phone line, stayed overnight in London and went for an interview with officials because of a minor conviction over 30 years ago. A self made man with no further record since then he's still waiting to hear if he can travel months later.
The huddled masses need no longer apply it seems.
22:32 Mon 28th Nov 2011
Avatar Image sherrardk
They are a bit strict - there must be loads of people who were arrested as drunken youngsers and weren't charged.
22:35 Mon 28th Nov 2011
Avatar Image MarkRae
It's almost worth the risk. If you tick the "I'm a good boy really" box on the visa waiver application form and, by some miracle, you get tumbled at US immigration, the worst they can do (so far as I understand it) is lock you up and deport you on the next available flight... Do a Google search for moral turpitude - you'll be amazed as to which crimes are considered to be inside and outside it...
22:36 Mon 28th Nov 2011
Avatar Image sherrardk
Probably a good job we haven't got the money to go!
22:38 Mon 28th Nov 2011
Avatar Image dzug2
<<If it is, though, you have next to no chance of ever getting into the US legally... >>

Not actually true - there is a period (15 years I think) after which they have the provision to overlook even a serious crime given a perfect record since.
22:43 Mon 28th Nov 2011
Avatar Image MarkRae
^^ But almost never do unless you're extremely famous or extremely wealthy, cf Pete Townsend...
22:44 Mon 28th Nov 2011
Avatar Image 237SJ
In answer to the original Op would be that you will get away with it. The US authorities won`t have access to your UK criminal record. They won`t know anything about it. Personally, if it was me though, I would come clean. I wouldn`t want to be trying to get into the US while worrying that they know something I don`t. If you don`t get in, you will not be deported (as MarkRae says). You will be "Inadmissable" (known as an Inad) and not a Deportee.
22:47 Mon 28th Nov 2011
Avatar Image MarkRae
You will be classed as inadmissible but, after a (strip) search you will be deported.
22:51 Mon 28th Nov 2011
Avatar Image 237SJ
Wrong MarkRae
22:53 Mon 28th Nov 2011

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