Steve_

It's called the use of a pretext to elicit information.

crg

I somewhat doubt that he was paroled. There is a distinct blue "parole" stamp and the parole process is decidedly more involved than some trash talk followed by them shaking a fist and saying "next time.....".

I'm on the fence but leaning towards a visa application if the person is clearly qualified to visit. It would be helpful to know what the arrest was for. That bit of information is very important. It could range from jaywalking to soliciting a prostitute and any number of things. There is no conviction, but it's still relevant.

rpjs

I remember the very first time I flew to the US, which is so long ago that it was under the VWPP, the BA cabin crew went to some lengths to say that the only thing acceptable to US immigration when referring to the UK was "UK" and nothing else, not "United Kingdom", "Great Britain", "England" or whatever was allowed.

So I've only ever used "UK" ever since and never had a problem.

cc27

There was nothing marked or stamped in my passport. Just a verbal warning unless he added something on the computer system but he did not indicate that he did that.

If I do go down the visa application route I'm a little worried about how quick it will be turned around. Does anyone have an idea what the lead times are for an appointment and processing period assuming all was straight forward?

Also, is it possible to call/email the embassy in London and ask for clarification on the validity of my Esta? I could then give this to the border officers in the US.

I could re-apply for a new Esta answering the questions as previous I.e. No for Q2 as he did ask that I resubmit an application for Estanat least. When I then arrive I could go prepared with loads of literature from their own website showing that I am allowed to enter with the questions answered as is. I appreciate a know it all may rub him up the wrong way but I'm very polite and confident I could put across politely. I've also partly listened to him by re-applying.

I really don't know the best route, it's a minefield.

ian-mstm

With respect, you're worrying about the wrong thing.

What you should worry about is whether or not the officer will suggest that you don't need a visa in the first place. There are only two possible outcomes from a visa application: approval or denial. Anything that isn't an approval, is a denial... anything at all - including you not needing a visa in the first place. You can't withdraw an application and you can't just not show up at the interview... both constitute a denial. Why? Because neither is an approval, and anything that isn't an approval is a denial. That visa denial must, thereafter, be declared on every subsequent US visa application, including ESTA... which, in turn, will also cause ESTA to be denied.

Bottom line - if you apply for a visa and it is denied, then you won't be visiting the US any time soon. End of story.


No... and it wouldn't matter even if you did, because...


... the CBP officer at the POE is not obligated to agree, and he gets the final say in who is allowed to enter the US! The visa is issued by the US Department of State. The CBP officer works for the Department of Homeland Security. Two different agencies... two different interpretations - and the only one that matters is the CBP officer whose job, by the way, is to keep non-US citizens out of the US.


The web site doesn't reflect the law. If you're going to take any literature, take the law! Even so, they can still deny you entry to the US.


I'm not sure what's best either... but you do not want to apply for a visa unless you absolutely must. Trouble is, at this point in time - you don't know if you must. Whatever else you do, don't apply for a visa simply because it seems to be the way of least resistance.

Ian

Steve_

I've been paroled in and it only took a few minutes. The CBP guy just simply refused to believe me so we had a stupid argument so he paroled me in for two weeks, which was the return time on my ticket, which sort of implied he did believe me. But it was definitely a parole stamp, I've still got it in my old passport. Crossed out "admitted" and wrote in "paroled".

scrubbedexpat099

Not sure how much if anything the Consulate has to do with ESTA etc, would not seem to be part of their remit.

B Visa application is usually a matter of day/weeks, but that is not really the issue.

sir_eccles

So what was the arrest for?

Steve_

And I know for a fact it took minutes because I had a connecting flight afterward and they didn't transfer my luggage! He did it at primary.

Hotscot

I used Scotland.

crg

I can see why you believe what you're saying, but due to a fluke of history, it's a misperception of what you have there.

During that time period on your stamp, entire flights of VWP travelers were Paroled CP on primary because Congress didn't extend the VWP on time. INS lost the authority to admit WT or WB for a few weeks or months so they had to get the people in somehow. So they paroled on primary. The proper parole process is indeed more involved and there is an actual parole stamp and not a crossed out admission stamp.

crg

As for the luggage, did you grab it from the belt after immigration, bring it through customs and then drop it off again once cleared through customs?

cc27

I've taken a few days to think about this and there isn't a right answer.

My options are as follows after deciding not to apply for a visa as there is not enough time amongst other potential complications.

1) don't travel - I will loose the money already paid for flights etc

2) travel anyway with everything as is. My existing Esta is still showing as authorised on the online system and there was nothing written/printed/stamped in my passport on this last trip. I'm however unclear if the officer can type notes against me on a system via his computer for all future officers to see such as he told me to re-apply etc.

3) travel anyway but re-apply for a new esta as the officer requested me to, as he stated that he had cancelled my existing, but answering all questions still as no. I still have the same concern regarding any notes he may / may not have written if I go down this route. Could he have also 'ticked a proverbially box' causing my next esta to be rejected automatically? If the latter is even possible or true it may be better travelling on my existing potentially still approved(??) esta.

materialcontroller

FWIW I believe that option 2) is the best course of action in your case.

Pulaski

+1. Another vote for option 2).