pending visa can I get in to usa

[hotflush21]

I am from uk and have been arrested for minor offence for which i will either be found not guilty or fined.
tried to do right thing and applied for visa only to be told that as case is ongoing my visa will be pending.Due to travel to new york on xmas day with my family and need advice. have read that form on plane refers to mortal turpitude ?? so can i tick the no box ? If I come clean and admit arrest which is my preferred option can i have an interview at customs and are they really as awful as people have described,can take details of my offence to prove my case.If there is any remote possibility that i may be allowed in am prepared to take the chance as it beats being home alone for xmas. I have had my fingers scanned and am now in the system so would like any personal experiences or advice please

[dzug]

Depending on what the crime is if you admit it the immigration official will have no choice but to turn you away.

You have an additional problem - the visa waiver form has a question 'have you ever been denied a US visa?' - to which there is no clear answer. Sounds like 'yes' at the moment though.

I'm guessing that if they have deferred a decision on your visa because your crime does involve moral turpitude (you haven't said what it is - doesn't need to be major, shoplifting a loaf would be sufficient) and that if you are found not guilty they can grant it, but if you are found guilty they will refuse the visa.


Difficult to know what to advise - whether the US immigration computers are 'joined-up' enough to know you have a visa application pending or not I've no idea. If they do you will NOT get in to the US. If you tell the truth on the visa waiver form you will NOT get in. If you lie you MIGHT.

[dzug]

As to what will happen if you tick the 'yes' boxes, you WILL have an interview with immigration (not customs - they deal with baggage) - it's called being referred for secondary questioning. The same will happen if you tick the 'no' boxes and they sus out, or know, you are lying.

If they decide to refuse you entry, the best that will happen is that you will be escorted straight back to a plane and sent home. You will not be allowed to see the rest of your family. The airline will later bill you for the fare.

If there's no available flight, you will be kept in a cell, probably shackled, until there is one.

[JonnoGenie]

Yes if you have to go to 2ndry at USCBP they really are *****, I can vouch for that, 'Welcome to America, we are the face of the nation' indeed!

HF... I think as you are 'in the system' and have applied for a visa, you won't get in now without one... but this is a highly specific question and requires expert advice I think...