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Entering Florida with an arrest

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leeg1971 | 16:54 Sun 06th Jul 2008 | Travel
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I have just found out that if you have been arrested, even if not charged, at any time you need a visa to enter the US.
My problem being that i fly out in 3 weeks and visa's are currently taking 14-16 weeks to process.
Do i stand a chance of getting past immigration if i just answer no to the arrest question.
I was arrested a year ago, for racial aggravated common assault, totally unfounded, i was told after about 2 weeks that the matter will not be taken any further.
I will travelling as a single parent with my sons (15 & 11), the only other thing bugging me is that my boys do not have my surname so will that draw attention to me at immigration and maybe cause them to probe me checking my background and discovering my arrest.
i know there have been similar questions answered here but they seem a bit old and i really need some up to date fresh info, many thanks
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maybe cause them to probe me checking my background

How on earth are they going to check your background? It takes weeks to do that sort of thing.

In any case, common assault is not a crime involving moral turpitude - which means you can truthfully tick the 'no' box.

(Your opening sentence is a gross oversimplification of the situation - change it to 'may need' and it's nearer the truth)
apparently the US authorities do not have any legal access to UK legal databases so there is no way they could get hold of information regarding your arrest. This does not apply if you have committed such crimes as drugs or terrorist offences in which case the authorities here are obliged to share the information. I suspect there are thousands of people travelling to the US on the visa waiver scheme in your situation who simply tick no to all of the questions on the form. If everyone who wanted to go the US on holiday applied for a visa the embassy would be inundated. I don't think that the Americans are really that interested in petty crimes, they are very much more concerned with drugs and terrorism. The fact that your children don't have the same name as you shouldn't be a problem as they will no doubt have their own passports. My neice has travelled several times with her children, they do not have the same name as she does.

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Entering Florida with an arrest

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