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Am I inadmissable to the US for a minor offence?

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Am I inadmissable to the US for a minor offence?

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Old Nov 29th 2011, 1:27 am
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by Squirrel
So the US immigration authorities take as fact any accusation against an immigrant/intending immigrant without proof?
I'm not sure how you arrived at that conclusion.


Isn't that rather unfair?
US immigration fair? Think about it for a moment.


The USCIS is going to just take their word?
There's a huge situational difference between someone who has a GC vs someone seeking admission to the US.

Have you considered switching to decaf?

Ian
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Old Nov 29th 2011, 1:29 am
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by ian-mstm
I'm not sure how you arrived at that conclusion.



US immigration fair? Think about it for a moment.



There's a huge situational difference between someone who has a GC vs someone seeking admission to the US.

Have you considered switching to decaf?

Ian
I just commenting on Mr F's post.
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Old Nov 29th 2011, 1:34 am
  #18  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by Squirrel
I just commenting on Mr F's post.
You put a "?" after each comment. That gives the impression you were asking questions. I answered.

Ian
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Old Nov 29th 2011, 1:42 am
  #19  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by ian-mstm
You put a "?" after each comment. That gives the impression you were asking questions. I answered.

Ian
More wondering at the answer than expecting anyone to know.
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Old Nov 30th 2011, 5:17 am
  #20  
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Default Re: Am I inadmissable to the US for a minor offence?

To be honest, if I never read the fine print in the holiday brochure about the arrest then i'd have ticked no, no problem whatsoever on the form as I honestly have not committed a CMIT and would not be lying if i ticked no, but now with the US Embassy saying ANY arrests you can't travel then now I don't know what to do!

I'm even suffering OCD thinking US will trace this question to me in February and deny me on the basis I asked the question in the first place!!
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Old Nov 30th 2011, 5:43 am
  #21  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by JackHughes88990
To be honest, if I never read the fine print in the holiday brochure about the arrest then i'd have ticked no, no problem whatsoever on the form as I honestly have not committed a CMIT and would not be lying if i ticked no, but now with the US Embassy saying ANY arrests you can't travel then now I don't know what to do!

I'm even suffering OCD thinking US will trace this question to me in February and deny me on the basis I asked the question in the first place!!
The US Embassy are part of the Department of State. When you enter on the VWP, the decision on whether to admit you is the prerogative of Customs and Border Protection, part of the Department of Homeland Security.

The two don't always agree. The people who make the decision are not the people touting for your visa business.
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Old Nov 30th 2011, 5:57 am
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Default Re: Am I inadmissable to the US for a minor offence?

Thank you for your comment. So as the US Embassy may be touting for my visa business. Do you agree that I can tick no for my arrest of a non-CMIT, with honesty and be guilt free?
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Old Nov 30th 2011, 6:11 am
  #23  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by JackHughes88990
Thank you for your comment. So as the US Embassy may be touting for my visa business. Do you agree that I can tick no for my arrest of a non-CMIT, with honesty and be guilt free?
If I were you, I'd tick no and forget about it. (Having said that, the first time I ever entered the US was, rather strangely, on an immigrant visa -- so I'm definitely not you!) Just remember that whatever your history there are never any guarantees you'll be granted admittance as a visitor on the VWP.
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Old Nov 30th 2011, 6:50 am
  #24  
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Default Re: Am I inadmissable to the US for a minor offence?

I appreciate your comments.

I just had a look round the internet and come across this on the Wiki Travel United States of America Page http://wikitravel.org/en/United_States_of_America .

I come across this:

Travel under the Visa Waiver Program is limited to tourism or business purposes only; neither employment nor journalism is permitted with a Visa Waiver. The 90-day limit may not be extended nor will travel to Canada, Mexico, or the Caribbean reset the 90-day limit. A criminal record (excluding traffic violations, offenses committed as a minor, and some relatively minor charges such as disorderly conduct) will generally make a potential traveler ineligible for visa-free travel. Contact your nearest U.S. embassy to find out if you need to apply for a visa or not.

Assuming that 'Drunkeness' falls under the same category (Disoderly conduct in my opinion sounds more serious! ) . Then this would confirm that I would be ok? As it says excluding. Obviously I'm not sure as to how reliable the Wiki Travel website is?
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Old Nov 30th 2011, 7:00 am
  #25  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by fatbrit
If I were you, I'd tick noJust remember that whatever your history there are never any guarantees you'll be granted admittance as a visitor on the VWP.
Or with a visa, or with a Green Card: only US citizens are guaranteed entry to the US!

To OP: go to the ESTA site, read the questions carefully, and armed with the knowledge you've acquired in your researches and answer them accordingly. If you believe your single arrest was not for a CIMT, and based on what you've posted I'd join with the others who argue it's not, then that's how you should answer that question.
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Old Nov 30th 2011, 7:10 am
  #26  
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Default Re: Am I inadmissable to the US for a minor offence?

Thanks Guys.

I've had a look at the Wiki Travel for United States of America website.

A section which talks about 'Get In' talks about the visa waiver programme and goes on to say:

Travel under the Visa Waiver Program is limited to tourism or business purposes only; neither employment nor journalism is permitted with a Visa Waiver. The 90-day limit may not be extended nor will travel to Canada, Mexico, or the Caribbean reset the 90-day limit. A criminal record (excluding traffic violations, offenses committed as a minor, and some relatively minor charges such as disorderly conduct) will generally make a potential traveler ineligible for visa-free travel. Contact your nearest U.S. embassy to find out if you need to apply for a visa or not.

I'm not to sure how reliable the Wiki Travel website is (if at all) but note the part after criminal record says excluding disorderly conduct, I would presume that 'drunkeness' is no worse than this.

I've had a look at the ESTA site and I do think that it's not a CMIT and I can tick no to every other question.

Do you think I'm good to go?
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Old Nov 30th 2011, 7:26 am
  #27  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by JackHughes88990
Thanks Guys.


Do you think I'm good to go?
You seem to be looking for approval, but no-one is going to say, "Yes, off you go, no problem." People have given you their thoughts and opinions, but they don't know what will happen when YOU show up at the border. The only person who will be affected by any problem or backlash is YOU. Therefore YOU have to make the decision as to what kind of stress YOU can stand and if a decision YOU make now will ever come back to bite YOU in the rear. You know what Dirty Harry said . . .
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Old Nov 30th 2011, 7:45 am
  #28  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by JackHughes88990
Assuming that 'Drunkeness' falls under the same category (Disoderly conduct in my opinion sounds more serious! ) . Then this would confirm that I would be ok? As it says excluding. Obviously I'm not sure as to how reliable the Wiki Travel website is?
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Old Nov 30th 2011, 7:46 am
  #29  
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Default Re: Am I inadmissable to the US for a minor offence?

Sorry. Looks like I sent a similar post twice!

Nutmegger, I understand that it's all down to myself. I was just looking to see if anyone has ever been in a similar situation and I was looking to see if the majority of people agree that it is not a CMIT.

Thanks for all your comments, i'll try to leave it at that and have a think what to do. At present I can't take any time off work to go to London to discuss a visa, but at present I can't afford to lose over £1,500 too.

Guess time will tell...
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Old Nov 30th 2011, 7:51 am
  #30  
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Default Re: Am I inadmissable to the US for a minor offence?

Originally Posted by S Folinsky
S Folinsky,

Sorry to bother you; but could just confirm which part of the quote you are to?

Thanks.
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