JohnLocke

Hey,


I recently filled in the ESTA application form and got a 'Travel Not Authorised' response. I was initially bemused and assumed that I probably made a mistake on the form, as all of my friends frequently visit the states and get their ESTA for accepted on the spot. I filled the form in a month later and got the exact same response

They go on a regular basis and I thought I'd tag along with them on this occasion. Unfortunately for myself, I was given the 'Travel Not Authorised' response.

The only option I have left is to get that B2 Visa form and go to my local embassy in London, England. I have absolutely no idea why I was given the 'Travel Not Authorised' response, so I'm a bit apprehensive in terms of applying for the B2 Visa.

I only plan on visiting New York for around two weeks or so. I've read that you need to prove that you have ties to England, so they know that you have intentions to actually return back to the country. My friends and family all live here, so I have no reason to leave. I'm also a property owner, so does that count as having a tie to the country? I'm self-employed and currently have a few thousand pounds in my account. I've got arrested before, but never once convicted.

I can go to the HM Land Registry website and pay the £3 for an official copy of the register to prove that I'm the owner and I can bring my bank statements along with me.

I've been a frequent flyer in recent times and have visited Egypt, Thailand, Turkey and Dubai in recent times. I also applied for a Canadian eTA (their version of the ESTA) and it got accepted on the spot.

I was born and bred in London and I have a British Passport.

What do you think my chances are of getting it approved? What should I bring along with me to the interview?
What is the interview like? What sort of questions do they ask?

Thanks for taking your time out of your day to reply to me.

Much appreciated.

Regards,

John.

Noorah101

What was the arrest for, and how long ago was it?

And how did you answer the question about arrests on ESTA?

Rene

mikelincs

what was the outcome of the arrest? a caution?

JohnLocke

NFA, mate.

Noorah101

What does NFA mean?

Rene

JohnLocke

NFA, bro.

JohnLocke

No further action.

JohnLocke

Yeah, I ticked yes to the box that asked if I've ever been arrested, cautioned or convicted.

This happened all the way back in 2011 and 2012.

Noorah101

That's probably why it was denied. You didn't say what the attest was for?

You say "all the way back...", but in terms of immigration, 5 years ago is still pretty recent. You also listed 2 years...were there 2 arrests?

Rene

JohnLocke

Yeah, a bunch of young people robbed an innocent person and I was wrongfully arrested for it. On another occasion, I was accused of ABH on a police officer, but again, I wasn't charged or cautioned with anything, as they were the ones that hit me and I only used force because of self defence.

Literally, never been charged or cautioned for anything.

Thing is, a lot of my friends have actually been charged with crimes before, but they had their ESTA application accepted. I guess I'm going to have to go through the other route and do the B2 visa thingy.

Do you think I stand a good change of getting a visa? I'm self-employed and I own a house, so I have no reason not to return.

Rete

You need to bring proof of those charges and that they were discharged, dismissed or a case of mistaken identity.

As for your friends, it sounds like they answered no instead of yes whereas you were honest.

I'm wondering if perhaps in cases such as these it is a matter of being detained for questioning since no charges were brought. I was under the impress (at least for here in the US) that an arrest meant you were being charged with a criminal offense. Is it the same in the UK?

scrubbedexpat099

I thought the DA determined the charge?

JohnLocke

Nahhh, it's different over here. If you get arrested, then it doesn't necessarily mean that you'll be charged. They'll keep you in the station for a while, take your finger prints, capture a picture of you, then a short interview and then they'll put you in a cell (under 24 hours), then you'll be released. They can then set a court date, put you on remand or let you out and put you on bail.

You'll then have to return to the police station on a specific date and they'll then make their decision to charge you or give you an NFA (No further action). You wont get a criminal record or any sort of caution. It'll be as if you were never arrested in the first place.

It's pretty annoying, as anyone can get you arrested and put you in the station for under 24 hours.

JohnLocke

DA?

rpjs

District Attorney: US equivalent of the CPS.

Returning to your OP, I think it’s quite clear based in what you’ve told us that you’re not inadmissable on criminal grounds.

When you apply for the B-2 I understand it’s possible to upload supporting docs with the electronic application. As well as your NFA docs from the police, DO also provide evidence of your work, income and property to show your ties to the UK. It’s important to get as much evidence to the Consular Officer before the interview as they are notorious for deciding cases before the interview without looking at evidence the applicant brings on the day (but do bring original docs and copies with you as well!).