Page 1 of USA VISA - no entry for anyone whos been arrested before!!!

Over on the DVD forums this came to light -

http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

basically.. if you have ever been arrested even if you weren`t convicted.. you aren`t eldigble for the free visa entry system..

I am now starting to frett.... I have a caution for possesion of a class A controlled substance... and i am due to go on honeymoon to florida in Ocotber...

is there anyone else who has been to the States recently whos had a similar problem?..

This item was edited on Tuesday, 14th January 2003, 13:34

Well, this does`nt in theory seem to have changed at all since my brother was worried about the same thing. I think you`re okay with a simple caution mate.
I`ve heard to the contrary before but my brother went through fine with a caution a couple of years back.
If you can apply early though in case, I`d do that

l`m a good boy so can travel everywhere.

Haggis, you don`t need a visa if you are going on holiday for a short while!

I think a visa is needed for 3 months or more.

no... you fill in a visa waiver on the plane... and it asks about drugs related offences etc..

Looks like you`re in the s***.

Only joking, a caution won`t do much harm. Just make sure your nose is clean before boarding the plane, because that "was just powdering my nose" excuse doesn`t work.

This item was edited on Monday, 13th January 2003, 17:31

I assume you were joking when you say you`re getting worried. A caution can only be seen if you apply for a job involving children or the police themselves for 5 years. I`ve got one and I can assure you that you will have no problems travelling!

but the new law excludes anyone from getting a visa waiver if they have ever been arrested.. whether convicted or not.. (motoring offences the exception)...

How on earth would they *know*, though? I very much doubt that a US Immigration official can just type your name into his terminal, and bring up your entire criminal record including your caution for possessing naughty stuff. (Mind you, these days nothing would surprise me.)

It`s far more likely that the immigration officer will ask you questions along the lines of "Have you ever been arrested or convicted of a criminal offence, excluding motoring offences?" and refuse you entry if you answer "Yes". If that`s the case, then you know what you have to do.

Mike

Haggis, my understanding ( from contacts within ) is that this is designed to stop career criminals crossing US borders ( on business if you like ) and not holidaymakers
You should fill in the waiver that you have no arrests/ convictions and enjoy your holiday.
Probably a good idea to leave the class A stuff at home though.;-))
Enjoy your Honymoon.
Cheers P

This item was edited on Monday, 13th January 2003, 19:25

Haggis, don`t want to worry you, but as they`ve got your details it is possible that checks are done on you prior to your entry to the USA (very much similar to our Special Branch doing block checks on certain flights / sailings. And especially in this present climate). As mentioned on their website the rehabilitation of offenders act does not apply and therefore you should apply for a visa, or risk being sent back on arrival.

Can`t see you being refused a visa on application, but if you don`t apply you may not get in.