If charged with ABH can I still travel to the States?

[Tracy-ely]

Ive been accused of assaulting someone. I did not cause any harm to the person however they did assault me so it is my work against theirs.

I have a family holiday booked for August to go to the states. What are my chances of being allowed entry if I am charged?

Any info would be gratefully received as I am going out of my mind with worry in regards to the false claim made against me as well as the thought of not being allowed to go on a once in a life time holiday.

Thanks

Tracy

[Buenchico]

Under the rules quoted on the US Embassy website, anyone who has ever been arrested (even if totally innocent) or convicted of an offence is ineligible to travel to the USA under the Visa Waiver Program (i.e. with an 'ESTA'):
http://london.usembassy.gov/vwp3.html

You're obliged to apply for a visa. That's a lengthy and tedious process, involving getting hold of a copy of your 'police record' (even if that's currently blank) and attending an interview in London.

The good news is that (alleged) ABH doesn't usually fall within the USA's definition of 'moral turpitude'. (Conviction for such an offence, which could be for something as simple as nicking a Mars bar, automatically places a lifetime ban on a person entering the USA. It's possible to seek an exemption but that process can take over a year).

Since 'moral turpitude' isn't involved you should receive the result of your visa application within a week or so of attending your interview, so the whole procedure shouldn't take longer than a month or two. (Remember that your other family members will also need to apply for visas, or ESTAs, as appropriate).

My guess is that your visa application will be approved but the only way to be certain is to complete the application process.

Application details:
http://london.usembassy.gov/b2.html

Chris

[Tracy-ely]

If I've been read my rights does this mean I've been arrested? I went to the police station voluntarily and answered all questions. Also does this mean I've been cautioned?

Sorry but I have never been in trouble with the police!

[Buenchico]

You can be interviewed under caution without being arrested. (If you're actually arrested you'd normally hear the words "I'm arresting you on suspicion of . . . )". Some people who attend a police station voluntarily are arrested upon arrival, whereas others aren't. (If you were arrested you would have been bailed upon release, rather than just being allowed to walk out of the door without any formalities, unless it was clear that no further action was to follow).

You can only be cautioned if you agree to the caution (which means that you admit to the offence).

Chris

[Tracy-ely]

So with this in mind could I apply under the waiver? If I apply now and I am later cautioned or charged will I have to update them?

I'm very confused! At the station the PC said something about "anything I say could be used in court". Is this being arrested?

[Buenchico]

No, that's being cautioned.

You can still apply for your ESTA at the moment:
https://esta.cbp.dhs.gov/esta/
It will cease to be valid if you're convicted but, in practice, I very much doubt that the US authorities would ever find out about your brush with the law anyway.