SCATMAN

I am asking a similar question to others in the past but hope somebody can give me an answer. I am travelling to san francisco/vegas in november but was arrested in 1988 for "suspicion of criminal damage". What actually happened was that my friend and I were attacked by a gang one night and while this was happening the police arrived and stopped the attack. When the situation calmed down the police then arrested everybody at the scene as there had been some damage to a shop window near the scene of the attack. I did not have any idea what had happened but spent the night in a police cell, interviewed and charged to appear before a magistrates court on unconditional bail a month later. I later received a letter from the police dropping the charge due to lack of evidence (not surprising as I still did not know what damage they were talking about). Bearing in mind that this was on suspicion and charges were dropped would I be entitled to enter US on a VWP or is a visa required. I checked with the local police and out of the kindness of her heart the wpc said that I had no record on the criminal system. If charges are dropped does this make the arrest invalid. I have never been in trouble before or after this incident and I visited Florida 2 years after the incident without any problems. Any views please.

fatbrit

All depends whether the charge was a CIMT.

The I-94W doesn't ask you whether you were convicted or whether the charges were subsequently dropped -- it asks you whether you've ever been arrested -- which you were!

As you've already been here once on a VWP since the arrest, this would complicate matters were your arrest for a CIMT.

What's a CIMT you ask? Google is your friend!

SCATMAN

I can't remember anything about a vwp when i went in 1990...thought they were a new concept. So did you need a visa then?

fatbrit

VWP since 1986.

Noorah101

Did you HAVE a visa back in 1990 when you visited? Only you know how you arrived here, you have to tell us. Double check in your passport.

Rene

SCATMAN

talking to the police woman she said as there was no record on the system....it's safe to say that I would be okay as nothing would show on any police check so they wouldn't know of the incident. Surely the arrest should not be allowed to stand as I was the injured party. I am still gonna get an official check done and if nothing on it I think I will take my chances.

SCATMAN

no i didn't as i thought there was no need...but knew nothing about any waivers...must have just filled in the card without any thought.

Noorah101

If you didn't have a visa, then for sure you used the visa waiver program.

SCATMAN

would the authority's have checked for any arrests etc then...or are they just a lot stricter these days??

fatbrit

If the crime is not a CIMT, it's fine to tick no on the box.

Your opinions about the morality of it are irrelevant.

fatbrit

Post 9/11 paranoia has hit previously undiscovered heights. They've out-McCarthied McCarthy. However, what they do and do not know is open to debate.

Tracym

imho doesn't sound like a CIMT - I'd think the OP would be fine on the VWP most likely - don't you?

fatbrit

No idea! If it's murder, I tell 'em it is. If it's a parking ticket, I tell them it isn't. Anywhere in between and I'm opting out.

Tracym

No fair, you stole my examples

ian-mstm

You write this as though it matters. It doesn't. The question asks if you have *ever* been arrested.


What difference? You were arrested. Period. End of story. The question doesn't take into account whether or not the charges were subsequently dropped... that is irrelevant. It's a yes/no question with no wiggle room in between. If you lie, and are caught, you face a lifetime ban from the US.


Well then, good luck to you!

Ian