ladida

I'm 19 and was arrested on monday for suspicion of attempting to transport/smuggle drugs from france to the uk at the eurotunnel border. I was not fingerprinted, fined or convicted. My vehicle was searched, found empty and I was released. They said that the incident would not go on my criminal record (which was completely non existant before this by the way) and only that they had noted down my passport so that if I try and cross that border again, my car will most likely be checked. My family lives in America though I am a UK citizen and I go over to visit them 5-6 times a year. I want to visit them in a couple of weeks and was going to update my ESTA form when they asked if I had been arrested.
I know the repercussions of lying on the VWP form, and being banned from the USA for life would be hugely devastating to me. However, I am hesitant to apply for a B2 Visa and get this arrest on the USA's radar when it all might not be visible now.
Does anyone have any advice? Would an arrest with no fingerprints, photograph or conviction be seen by a US border patrol official at JFK??

fatbrit

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Yes, you have. Answer seems obvious to me -- you need a B2.

GeoffM

Are you sure you were actually arrested and not simply asked to wait while they did a more thorough search of your vehicle?

ellenofellen

Is there anywhere I can find the EXACT wording that is on the ESTA without filing it in of course

ladida

it was definitely an arrest. i got the "anything you say could be held against you" speech. but im pretty sure i was let off with just a warning which might be hard for the US officials to see?

GeoffM

Yes, in the text you already quoted. Or you can see it here: esta.cbp.dhs.gov - you can get part way through the process without filling in your details and the text is there.

Noorah101

Here: https://esta.cbp.dhs.gov/esta/applic...execution=e1s1

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Rene

GeoffM

Then you need to take fatbrit's advice - you were arrested for certain things which is what the question asks, not what happened afterwards. It's an unhelpful question for those that get arrested and are completely innocent but they make the rules and you have to play by their rules.

Out of interest, who arrested you - France or England? I know UK customs have a presence in France but wondered what the extent of their authority is. I'm not suggesting this is a get-out clause however.

ladida

it was the kent/east anglia police force, all the officers were completely english, i saw no evidence of french police at all strangely

ladida

just wondering if anyone knows how having an arrest with no conviction like this shows up on UK computers when coming back from the US? Will they realise that the person applied for ESTA and therefore lied?

Noorah101

It's not returning to the UK you have to worry about. It's what they see on the computers at the US POE. That is where they can stop you from entering, and if they see you've lied, they can ban you from ever returning to the USA.

Rene

Jerseygirl

Lying is a really really bad idea. From some of the remarks immigration officers have made to me...I always assume they know what I had for breakfast that morning.

fatbrit

Are you feeling lucky?

ian-mstm

Apparently not... because you continue, "I am hesitant to apply for a B2 Visa and get this arrest on the USA's radar when it all might not be visible now." This comment suggests you might try to "get away with it". The arrest happened. Whether it's visible or not is irrelevant. You no longer have a choice. You must update ESTA. You must answer "yes" to the question. If ESTA is approved, great. If not, you'll need a B-2 visa.

Do yourself a favor; get hold of whatever records exist with respect to this incident. Even if you can't get anything, document everything you've done to get those records... every phone call, every email... document all of it. You'll need that when it comes time for your visa interview.

Ian

lansbury

More frightening is when they know what you will have for breakfast tomorrow