crg

The regulations are so complicated as to what offenses can keep someone out they ask the arrest question in the broadest sense and then have the experts determine if there are immigration consequences to it.

The fact that a record of the arrest is not easily located isn't relevant because the question asks "have you ever". I'm not saying that you are doing it, but sometimes people will put false information on the form and then try to rationalize it.

They'll say "but that was 20 years ago" "but I've gotten a pardon" "but I thought the question only wanted to know if I was arrested since I became British because I'm using a british passport now and that happened when I was Irish" "but I wasn't arrested in the United States" "but my parole officer said I could travel so I didn't think it was important" "but that was under my maiden name"

It's amazing what people talk themselves into.

nettlebed

I concur. It seems very straightforward to me:

1. OP was arrested for a drug offense. What happened after that is irrelevant for purposes of completing the form.
2. Form asks, among other things, if you have ever been arrested for a drug offense.

I can't see that any answer other than "Yes" is correct. ANY other answer is deliberately lying to the US immigration folks, which I think is a bad idea.

spanishfly

Let me just put everyones mind to rest, I have aleready completed the form and already ticked YES to the question "Have I ever been arrested?"

What i wanted really if anything was some advice on how to approach the interview.

Thanks again.

nettlebed

Three very simple rules:

1. Answer any questions they ask you honestly.
2. Answer ONLY the questions they ask: as folinskyinla is fond of pointing out, the correct answers to the question "Do you know the time?" are either "Yes, I do" or "No, I don't".
3. Do not volunteer any information that they do not ask for.

One other thing: you might want to consider are dressing smartly. If you turn up looking like a stoner, it may prejudice them. It's not supposed to make a difference, but people always react to appearances.

JAJ

But it seems that if there is nothing on his police record, and nothing in the local police records, they may not have proceeded with any charges, hence is would not be guilty of anything.

nettlebed

You need to declare arrests, even if they lead to no further action.

JAJ

Yes ... but the "no further action" element is quite pertinent ... an arrest on its own does not make you inadmissible.

nettlebed

True, and that is where documentation is all important: saying you have not been arrested when you have can make you inadmissible permanently, and there is no telling when changes in record keeping or in requirements for production of documentation might come back and bite you.

I would say that admitting an arrest and being able to document that it was a false arrest, or that the circumstances surrounding the event do not make one inadmissible, is infinitely better then saying that the arrest didn't happen because it may -- currently -- not be easy for a third party to discover the fact of the arrest.

As far as I am concerned, the important thing is to tell the truth, then get the records to back up your statements, or if those records are unavailable, then get documentation as to why they are not available. Anything else is potentially a future problem.

But people have to make their own decisions on how to approach the subject. It's their choice, but they have to take responsibility for the consequence of the choices they make.

Bottom line: I still think it's always a mistake to try to hide from (i.e., lie to) US immigration authorities about arrests, cautions, convictions, parole or any other formal interaction with law enforcement about anything that may be relevant.

That's just my view. YMMV.

spanishfly

Thankyou for everyones advice and comments on this matter.

I should know by this Wednesday whether i will be allowed to travel or not anyway, and i shall keep you informed and let you know the outcome.

spanishfly

Just another final question and then i promise to be quiet for a while

I have been reading the requirements for my interview process. And it states that i must have...

"Evidence to show that the applicant has a residence abroad to which he/she intends to return at the end of the stay in the United States. This is generally established by evidence of family, professional, property, employment or other ties and commitments to some country other than the United States sufficient to cause the applicant to return there at the conclusion of his/her stay. Applicants resident in the United Kingdom will be required to show strong social and economic ties to the U.K.;"

I am thinking i am going to be taking my pay slips from work, I have a letter from my place of work confirming me as an emplyee. I also have some mobile phone bills etc, is there anything else that is required do you think?

TooHonestForMyOwnGood

I have my interview this week too and am also taking a letter from work, pay slips, bank statements, credit card statements, utility bills etc. Don't think I'm taking anything else (apart from the required forms such as DS156, DS157, VCU01 and the appointment letter and payment confirmation).

Good luck.

spanishfly

Are you also taking a police certificate?

meauxna

Think in terms of what it is that you have evidence of that would be a compelling reason for returning to the UK. I wouldn't go back for my cell phone bill!

spanishfly

Other than my family (how am i to prove that i would come back for them??) And my job I do not have any other ties to the UK.

I am currently enrolled on a Certificate in Education course.

lansbury

You said you were going to the Belfast "Embassy". Did you get arrested for your caution in Northern Ireland, if so it will not be on the PNC.

The PNC only covers England and Wales.