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No idea if what I want to do is even possible...

No idea if what I want to do is even possible...

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Old Nov 22nd 2016, 1:09 pm
  #16  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by cmb29385
Thank you to everyone for their visa related advice. Pulaski, I got arrested once in 2008 for drunk and disorderly (which to this day I am so embarrassed about that only my mum knows because she had to pick me up - cringe), I wasn't charged or anything, just made to dry out in a cell. Will that count against me then if I did the 90 day holiday?
If nothing was written up, you were never charged, never received court ordered punishment for your escapee, then can you really be considered to have been arrested? Detained, yes, but arrested? Anyone want to weigh in on this. And what exactly is the question asked on the ESTA form regarding arrests.

It is lovely that you can take a break and recoup physically and emotionally with a dear friend. It can't be for the six months that you envisioned as you will be unable to work but it can be for a month or so if your finances will allow. It will give you the additional fortitude to make a new path in life when you return home.
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Old Nov 22nd 2016, 1:47 pm
  #17  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by Rete
If nothing was written up, you were never charged, never received court ordered punishment for your escapee, then can you really be considered to have been arrested? Detained, yes, but arrested? Anyone want to weigh in on this. And what exactly is the question asked on the ESTA form regarding arrests.

It is lovely that you can take a break and recoup physically and emotionally with a dear friend. It can't be for the six months that you envisioned as you will be unable to work but it can be for a month or so if your finances will allow. It will give you the additional fortitude to make a new path in life when you return home.
I believe this is the relevant ESTA question:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
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Old Nov 22nd 2016, 2:51 pm
  #18  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by MidAtlantic
I believe this is the relevant ESTA question:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
Then is it safe to assume that being detained to sober up is not a violation of a controlled substance? If so, then the answer is no.
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Old Nov 22nd 2016, 3:14 pm
  #19  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by MidAtlantic
I believe this is the relevant ESTA question:
That's certainly what the question used to be! I don't think that's what's asked now. Now it asks about serious harm to others or something similar.

Ian
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Old Nov 22nd 2016, 3:21 pm
  #20  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by ian-mstm
That's certainly what the question used to be! I don't think that's what's asked now. Now it asks about serious harm to others or something similar.

Ian
Then the answer is still no.
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Old Nov 22nd 2016, 3:25 pm
  #21  
 
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Default Re: No idea if what I want to do is even possible...

Originally Posted by Rete
If nothing was written up, you were never charged, never received court ordered punishment for your escapee, then can you really be considered to have been arrested?
That is an arrest.

A person can be detained by an Examining Officer at a UK Port under the prevention of terrorism powers. That is the only instance I can think of when a UK police officer can detain someone and it not be an arrest.
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Old Nov 22nd 2016, 3:35 pm
  #22  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by ian-mstm
That's certainly what the question used to be! I don't think that's what's asked now. Now it asks about serious harm to others or something similar.

Ian
Which is why there was some doubt in my wording!

It looks like it is now:

1 Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

2 Have you ever violated any law related to possessing, using or distributing illegal drugs?

3 Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage or genocide?

4 Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
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Old Nov 22nd 2016, 4:24 pm
  #23  
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Default Re: No idea if what I want to do is even possible...

Originally Posted by lansbury
That is an arrest.

A person can be detained by an Examining Officer at a UK Port under the prevention of terrorism powers. That is the only instance I can think of when a UK police officer can detain someone and it not be an arrest.
I've heard of cases in the UK where e.g. the officer realizes they've made a mistake and "unarrests" a person. In such a case is the arrest deemed not to have happened?
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