I was arrested, but not charged but it hasn't come up on my police certificate, help!
Sep 13th 2008, 1:41 am
#16
Retired
Joined: Apr 2004
Posts: 34,649
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
Secondly, I am not aware of any clause which makes one inadmissible to the United States based purely on an arrest. The VWP form does ask about it, but that does not in itself mean that an arrest renders one indmissible. Section 1187 of this part of the U.S. Code makes no reference to arrests:
http://uscode.house.gov/download/pls/08C12.txt
Sep 13th 2008, 12:40 pm
#17
Lost in BE Cyberspace
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
I don't know of any country which routinely keeps arrest records in a systematic/accessible way. Convictions - yes. Arrests - no.
Secondly, I am not aware of any clause which makes one inadmissible to the United States based purely on an arrest. The VWP form does ask about it, but that does not in itself mean that an arrest renders one indmissible. Section 1187 of this part of the U.S. Code makes no reference to arrests:
http://uscode.house.gov/download/pls/08C12.txt
Secondly, I am not aware of any clause which makes one inadmissible to the United States based purely on an arrest. The VWP form does ask about it, but that does not in itself mean that an arrest renders one indmissible. Section 1187 of this part of the U.S. Code makes no reference to arrests:
http://uscode.house.gov/download/pls/08C12.txt
Sep 13th 2008, 11:51 pm
#18
Just Joined
Joined: Jun 2007
Posts: 7
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
Interesting thread. I might be able to give you a bit more info on this based upon my experience.
Whilst I was a student I was "arrested" for being drunk. The police let me go a few hours later without charging me and told me I didn't need to tell anyone of the arrest i.e. as if it didn't happen. I subsequently applied for my Police Record when I applied for a visa for the US. It was also clean like yours.
However at some point a couple of years back the US embassy in London (where I was a resident at the time) decided to add a new page that said anyone arrested regardless of if they had been convicted or not was no longer eligible for the VWP. This seems to go against everything I had found at the time under US immigration law i.e. petty offense, crime of Moral Turpitude.
I found out infact that laws regarding drinking are state by state, for example some states have no law against being drunk so therefore you can not be arrested for it, where as others have really strict laws.
Anyway I consulted a lawyer about it and asked what I should do. The response I got was to declare it attach the police certificate and write a letter explaining the situation.
I did this and went for the interview and the gentleman who served me looked at the letter and said something like "don't all students get drunk" laughed and approved the visa.
The London embassy is even stricter now by all accounts requiring medical checks!
I have links you may be interested in and will post them up so you can read a bit mroe into it.
My suggestion is to do things by the book, see the lawyer get advice, get a visa and most of all... don't worry!
EuropeNUK
Whilst I was a student I was "arrested" for being drunk. The police let me go a few hours later without charging me and told me I didn't need to tell anyone of the arrest i.e. as if it didn't happen. I subsequently applied for my Police Record when I applied for a visa for the US. It was also clean like yours.
However at some point a couple of years back the US embassy in London (where I was a resident at the time) decided to add a new page that said anyone arrested regardless of if they had been convicted or not was no longer eligible for the VWP. This seems to go against everything I had found at the time under US immigration law i.e. petty offense, crime of Moral Turpitude.
I found out infact that laws regarding drinking are state by state, for example some states have no law against being drunk so therefore you can not be arrested for it, where as others have really strict laws.
Anyway I consulted a lawyer about it and asked what I should do. The response I got was to declare it attach the police certificate and write a letter explaining the situation.
I did this and went for the interview and the gentleman who served me looked at the letter and said something like "don't all students get drunk" laughed and approved the visa.
The London embassy is even stricter now by all accounts requiring medical checks!
I have links you may be interested in and will post them up so you can read a bit mroe into it.
My suggestion is to do things by the book, see the lawyer get advice, get a visa and most of all... don't worry!
EuropeNUK
Jul 8th 2009, 9:14 pm
#19
Just Joined
Thread Starter
Joined: Sep 2008
Posts: 3
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
Hey guys,
Thought I should and update you all on what's happened since Sept. Well, the good news is, I am now holding in my hand a shiny new B1/B2 visa!
I got completely worked up about everything, but in the end it was quite simple. I held off booking an appt until April becasue I had a lot of business travel to do. When I called in Apr, the first appt they could give me with a visa co-ordination officer was in July, this is well worth noting - I was really surprised how long the wait would be.
As you can see by my original post, I was really worried that the fact that my ACRO form came up as 'no trace' would cause all sorts of hassle. However, it was absolutely fine.
My appt time eventually came around - I took my ACRO form with me, by VCU1 personal info for and my standard visa app form with my weird square photo that they are so pernickety about. I also took a letter from my employer (to prove links with the UK) and a bank statement (to show I had sufficient funds) however, neither of these two were necessary.
My appt at the Embassy was at 8:30, however it's worth noting that these are really more like 'batch' times - you turn up and there are loads and loads of other people who also have appts at 8:30. You have to do a lot of queueing - first to get through security, then to hand in your docs, then to actually have your interview. The embassy in London now has a little video showing what you can expect, which is quite useful. It's also worth noting they don't call the numbers in sequence - so it's quite a frustrating process!
When I was finally called up for my interview, the lady behind the window was very nice (actually as was everyone the whole time - and I was all prepared to moan!) She asked me what had happened when I was arrested - I gave her a very brief version of events. She asked a couple of very brief follow up questions. She also asked my career history, if I owned any property in the UK, who I lived and a couple of other general questions. She also asked me if I used an illegal substances - obviously I said no (which is also the truth, luckily for me!) and she didn't probe. She also asked my travel plans - I said I didn't have any as I was trying to get the visa first. She said she needed me to give an answer for the purposes of the computer, but was happy for me to make sth up on the spot. All in all the whole interview lasted probably for no more than 10 minutes, if that.
One thing that probably is worth mentioning is that she was very careful to clarify that I was indeed released without charge - I mentioned that someone else who was arrested at the same time as me had been cautioned, and she said 'ok, it's good that wasn't you because if it was you would be ineligible for the visa.' at that point I really breathed a sigh of relief!
After that she said that since it was such a long time ago, and because I didn't use any drugs, she was happy to give me the visa. She also said it didn't need any additional processing time - and that it would take 3-5 days to print and then the posting time for the Embasssy service. In the end I got it back in four working days. Hardly the three months I had got myself all worked up about! The visa itself it valid for 10 years, is a B1/B2 (which means I can do the same work as I could under the Visa Waiver Prog as well as tourism) and is multiple entry.
Oh yes, one further final point - I ended up taking along a hideous photo, taken at midnight before my interview because I hadn't read the photo guidelines properly. Well this is now printed on my visa for the next 10 years, so if you have a choice, take a nice one!
Anyway, thanks to all for your advice. I've tried to write everything down here that you might need to know in as full detail as possible, but please feel free to message me with questions etc.
Cheers,
C
Thought I should and update you all on what's happened since Sept. Well, the good news is, I am now holding in my hand a shiny new B1/B2 visa!
I got completely worked up about everything, but in the end it was quite simple. I held off booking an appt until April becasue I had a lot of business travel to do. When I called in Apr, the first appt they could give me with a visa co-ordination officer was in July, this is well worth noting - I was really surprised how long the wait would be.
As you can see by my original post, I was really worried that the fact that my ACRO form came up as 'no trace' would cause all sorts of hassle. However, it was absolutely fine.
My appt time eventually came around - I took my ACRO form with me, by VCU1 personal info for and my standard visa app form with my weird square photo that they are so pernickety about. I also took a letter from my employer (to prove links with the UK) and a bank statement (to show I had sufficient funds) however, neither of these two were necessary.
My appt at the Embassy was at 8:30, however it's worth noting that these are really more like 'batch' times - you turn up and there are loads and loads of other people who also have appts at 8:30. You have to do a lot of queueing - first to get through security, then to hand in your docs, then to actually have your interview. The embassy in London now has a little video showing what you can expect, which is quite useful. It's also worth noting they don't call the numbers in sequence - so it's quite a frustrating process!
When I was finally called up for my interview, the lady behind the window was very nice (actually as was everyone the whole time - and I was all prepared to moan!) She asked me what had happened when I was arrested - I gave her a very brief version of events. She asked a couple of very brief follow up questions. She also asked my career history, if I owned any property in the UK, who I lived and a couple of other general questions. She also asked me if I used an illegal substances - obviously I said no (which is also the truth, luckily for me!) and she didn't probe. She also asked my travel plans - I said I didn't have any as I was trying to get the visa first. She said she needed me to give an answer for the purposes of the computer, but was happy for me to make sth up on the spot. All in all the whole interview lasted probably for no more than 10 minutes, if that.
One thing that probably is worth mentioning is that she was very careful to clarify that I was indeed released without charge - I mentioned that someone else who was arrested at the same time as me had been cautioned, and she said 'ok, it's good that wasn't you because if it was you would be ineligible for the visa.' at that point I really breathed a sigh of relief!
After that she said that since it was such a long time ago, and because I didn't use any drugs, she was happy to give me the visa. She also said it didn't need any additional processing time - and that it would take 3-5 days to print and then the posting time for the Embasssy service. In the end I got it back in four working days. Hardly the three months I had got myself all worked up about! The visa itself it valid for 10 years, is a B1/B2 (which means I can do the same work as I could under the Visa Waiver Prog as well as tourism) and is multiple entry.
Oh yes, one further final point - I ended up taking along a hideous photo, taken at midnight before my interview because I hadn't read the photo guidelines properly. Well this is now printed on my visa for the next 10 years, so if you have a choice, take a nice one!
Anyway, thanks to all for your advice. I've tried to write everything down here that you might need to know in as full detail as possible, but please feel free to message me with questions etc.
Cheers,
C
Jul 8th 2009, 9:44 pm
#20
Joined: Apr 2002
Posts: 35,082
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
Congratulations to you, charlie!
That is an interesting tidbit. One of the ongoing debates around here is about the result of having a caution.
phew for you!
One thing that probably is worth mentioning is that she was very careful to clarify that I was indeed released without charge - I mentioned that someone else who was arrested at the same time as me had been cautioned, and she said 'ok, it's good that wasn't you because if it was you would be ineligible for the visa.' at that point I really breathed a sigh of relief!
phew for you!
Dec 25th 2009, 12:39 pm
#21
Just Joined
Joined: Dec 2009
Posts: 13
Re: I was arrested, but not charged but it hasn't come up on my police certificate, h
1) What do I do now, just apply for a visa anyway and 'fess up to the arrest even though I have no proof it ever happened? How do I go about getting proof?
2) What do I even need to apply for? Is there any waiver of ineligibility available? I'd also like to be able to visit the States for holidays, do I need a holiday visa for those trips and a work related visa for work trips? Is it one visa per trip? (ie do I have to go to Grosvenor Square every time I want to go to the States?)
2) What do I even need to apply for? Is there any waiver of ineligibility available? I'd also like to be able to visit the States for holidays, do I need a holiday visa for those trips and a work related visa for work trips? Is it one visa per trip? (ie do I have to go to Grosvenor Square every time I want to go to the States?)
Thanks. I should note that the alleged offence was actually this year. So what's the effect of that, because all the posts I've read are for cautions which happened ages ago.
