US immigration with arrest but no conviction or caution

[alex8810]

Hi all. I have used the search function but couldn't come up with an answer to my specific situation.

Im planning to take the gf to new york for 21st birthday in march 2010 but was arrested and held in a cell overnight in august 2009 on suspision of being in possesion of cocaine. i denied the allegation, was released on bail the following morning and the substance sent off for forensic examination.

After 6 long weeks it came back that what i was found with was not a controlled substance and my bail notice was cancelled and that was the end of it.
(I knew what i was found with was legal as it was bought in a shop in brighton and they sell it at music festivals etc.)

Today i have sent off for a subject access request and a ACRO thingy and im waiting to see what that shows to help me make a decision. I dont know if an arrest not leading to caution or conviction is held on your record? If they come back with anything on i will need to make an appointment at us embassy - if clean do i just declare No on VWP?

Basically I dont want to ruin her 21st by being put on first plane home nor waste loads of money! Confused and worried and i havent even booked it yet!

[jno]

the Esta form (online visa waiver application) does require you to say if you've ever been arrested for a violation relating to a controlled substance, so in theory you should answer yes even if it did not lead to a conviction. Alternatively you could decide that it's none of their business. The US authorities won't know about this unless you tell them; and in your place I would not tell them.

[dzug]

Well US law says you MUST apply for a visa in this circumstance. Doesn't matter that the arrest was never followed up - it's sufficient in itself.

Up to you if you choose to lie and go for ESTA instead. I doubt if they will know but if they do (or you admit to it under questioning) you'll be sent home.

[alex8810]

Thanks for your replies. Sort of confirms what I already thought. I can\'t afford to loose the money so am going to sort it out through the embassy. I just hope they can see past what I was alleged to have had in my posession.

Will I likely get a visa considering the arrest allegation even though it came back negative? Do the embassay tell you at your apointment if you have qualified?

Sorry so many questions and thanks again.

[dzug]

At your appointment the Embassy will either:

tell you it's OK and the visa will be issued in a few days
say that have to refer it to Washington which may take a month or so
tell you no go

If what you have said is correct, the first outcome is the most likely.

The gotcha is that (and I'm speculating here) if the substance you had is a controlled one in the US you could fail entry under the drug abuser question regardless of any police record.

[alex8810]

Thanks again dzug.

Well it's better knowing the outcome before I travel.

I best make sure my story is straight before going to the embassay and hope they don't ask too many awkward questions. Luckily though, none of the uk police documents I have at the moment state what it is other than it isn't controlled. And to be honest I don't know what the heck was in it, only remember the brand name. Best research this before I go or just tell them I was actually caught with protein whey powder!

[munchie63]

I had an 'interview' at the embassy 2 years ago.
It isn't a grilling...they'll just ask why you were arrested, when and what for. Be absolutely honest. show them apperwork, tell them the charges were dropped. I'm sure you'll be fine. Mine lasted 3 or 4 mins. That was all.
there's a lot of chewing tobacco etc that are legal and health drinks, powders etc. fingers crossed they see it as that.