Entry into the US

[fletchpuss]

A friend of mine has a wedding to attend in the states, so he bought a return ticket and has a complete itinerary organised for 1.5 weeks. He is Australian and has been arrested in the US, 2 years ago with no conviction recorded while on a working holiday visa . He only just realised that he might not qualify for the visa waiver program but has 3 weeks to book an interview and apply for a visa before his flight leaves. Is his only choice, to take the flight and hope they let him through on the basis of his complete itinerary and return ticket?

[JoolsTwo]

If he was arrested in the US, they will certainly have access to the records of the arrest. So I wouldn't attempt to try and go with the visa waiver. I think he would cerainly be denied entry at the very least.

[dzug]

It depends on what he was arrested FOR. If it was not a crime of moral turpitude (and a few other things like genocide), then he is still eligible for the visa waiver.

If it was moral turpitude, then yes, the US authorities probably will have access to his records given that the arrest took place in the US. Only probably, given that it was an arrest and not a conviction.

[JonnoGenie]

Dzug is right, in that it depends what he was arrested for. BUT, you can be damned sure they will have the police record on their screeens right in front of them when he goes though immigration. I mean they had no problem digging up my 15 year old minor DUI record from the other side of the country!

If you want to get into some serious **** have a police record in the States, and then lie about it to them. Not in a rush are you? They find one chink in your story, and they have all the time in the world to enjoy taking you to pieces.

The irony is that having a single 'misdemeanour' on your record does not in some circumstances preclude you from using the visa waiver scheme, but having two (i.e. having one misdemeanour, and then lying about it) does. I have had them threaten me with this at Secondary Inspection at JFK.

Your friend needs to know if he can answer the questions on the visa waiver form honestly, and gain entry. If not he needs a visa. Which ever way he has to act now.

[tigwig]

to JonnoGenie does DUI mean drink driving? What happened to you at immigration? We have just come back from Orlando and my hubby was done for drink driving and got a visa (before I read all other posts about not really needing one) At immigration I was sent through alone while the woman spoke to my hubby and she couldn't believe it when he told her his offence. She was genuinely shocked and thought he had done time to need a visa. You are the first person I have ever heard about that has had a problem with that. How did they access your record?

[JonnoGenie]

We have just come back from Orlando and my hubby was done for drink driving and got a visa (before I read all other posts about not really needing one) At immigration I was sent through alone while the woman spoke to my hubby and she couldn't believe it when he told her his offence. She was genuinely shocked and thought he had done time to need a visa. You are the first person I have ever heard about that has had a problem with that. How did they access your record?
----

Hi tigwig, yes DUI = Driving Under the Influence, in my case of 2 glasses of wine. This was Florida in the early 90's. I was cuffed, and taken to the police station where the cops threw a phone book at my head (literally) and told me to call a lawyer; it was 1am FFS. When I refused to sign any charge sheets (I was scared ****less) I was put in a van with a dozen people who had been arrested that evening for attempting to buy crack off an undercover cop. I spent the night in a cell with these people. I can tell you it was not a lot of fun!

What happens at immigration? Well, the whole DUI matter was resolved, I hired a lawyer, I got fined, end of. The funny thing was I was never asked about it going to the US through the early/mid 90's (I have been to the US maybe 30 times since this happened). Then around 1998 I'd get to POE (Port of Entry), Newark or JFK. And they'd take your forms, tap away on their computer, generally polite but efficient, but then say a combination of 'There's something here we have to look at'. 'Have you ever been refused entry before?'. 'Have you ever overstayed your visa? - Basicly then you get escorted off to Secondary Inspection.

[JonnoGenie]

This is like a bleak lino-floored room of 40-50 fixed in the floor plastic chairs in front of a raised counter, behind which which sit the USCB&P people. There might be a few other people in there, all of whom will be equallly confused and tired. The Primary guy will have handed over your passport and forms to the people behind the counter. Eventually, your name will be called out, and they will start questioning you, in front of everyone else.

Last time I went through this, visiting my GF who worked in NY, they asked me if I intended to marry her on that visit. This is in front of a crowd of complete strangers in a room! I won't elaberate, but trust me it was extrememly hostile and extremely humiliating.

[JonnoGenie]

p.s. Tigwig

When you go to Secondary, they sit behind their computers and dig and dig. the system is called IBIS. With me it would usually take them about ten minutes digging to come out with 'Were you arrested for DUI in Florida in 199x?' Then they'd often try and find that I'd lied on the visa form or done something else. I appreciate these people have a job to do.

Note: DUI is not Moral Turpitude. DUI does not stop you using the visa waiver scheme. As long as that is your only record. But it won't stop them having a dig around.

[JonnoGenie]

This is why I keep on saying do not lie. Because if you do, and they catch you out, you will make the day of some bored and hostile USC&BP people, and they are going to go to town on you.