tigerlilly67

Hi, I was wondering if anyone can help me. My husband was granted a 10 year B2 visa in Oct 2014. Unfortunately last Oct he was arrested for an assault of hair pulling (not to me) Today thankfully we were told that this has been dropped due to the person being so drunk and admitting their part. Anyway what I need help with is if will prevent him getting into the states again. I asked the CPS if his fingerprints will be kept on record and the answer was very vague. Can anyone tell me if his prints are on file will this be a problem in returning to the USA.
Thanks in advance for any help offered.

notaclue

I stand to be corrected but they do not have access to UK criminal database and rely on you being honest.

ian-mstm

Generally, no.

Ian

tigerlilly67

Thank you for the quick replies. He has been to secondary on each visit but doesn't get asked any questions they just disappear with his passport and then allowed on his merry way. He will always be honest so if he is asked and admits that he faced a charge but it was dropped can he denied entry.

StuBear65

Anyone arrested and taken into custody in England and Wales will have their fingerprints taken and these will stay on file.

I would be surprised if US Immigration had access to this database.

ian-mstm

Good!


All visitors can be denied entry - so yes, that possibility exists. Will it happen, though? Highly unlikely.

Ian

tigerlilly67

Thanks guys. Can anyone tell me if this is the same for Scotland and is there anyway to have them removed. Also will this show up on a police check.
Ian I'm almost certain I read on this forum that border control can check the UK database. My hubby is always going to be honest if asked but they have never questioned him but is this because they are checking the Uk database and found it clear?

notaclue

The embassy does not have access for visa purposes so I highly doubt the border agent has access. I've been to secondary a ton of times. You can ask PS to remove them only after the step down method has been applied which is something like 40 years after for an actual offence. Not sure about non convictions though.

hungryhorace

Why are you asking the CPS? Ask the local police force who dealt with him.

To answer your question, yes, his finger prints will be kept. It's a disgusting piece of legislation you can blame the Blair government for.

lansbury

Not sure if Scotland has a mirror Act but I would expect them to be similar. Fingerprints are retained as detailed in the ACT linked to below.

https://www.gov.uk/government/public...otected-in-law

By the way the questioned asked was irrelevant. It is not if his fingerprints are in file, but does he have a CRO file. ie a record on the PNC.

ian-mstm

To my knowledge, they can't.


No. One has nothing to do with the other.

Ian

shiversaint

I once filed a Freedom of Information Request to the Home Office about this. The only methodology the US Immigration Service and CPB have to access UK Police databases and Court databases at the border are via requests through Interpol.

In short, unless he's suspected of doing something very serious indeed, there's no way to find out.