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US Visa waiver program and arrests

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Old Mar 2nd 2004, 9:08 am
  #16  
axel
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Default Re: US Visa waiver program and arrests

In uk.legal Simon <[email protected]> wrote:
    > I have a problem. I have booked a holiday in the US next month and do
    > not seem eligible for the US visa waiver program since I was arrested
    > last year. No charges were ever brought and have received a letter to
    > that extent from the police including a veiled apology.

Don't worry about it... with the visa waiver programme, it only comes
into action if you were a Nazi or involved in Nazi occupied Europe over
50 years ago or Communist Soviet Union. It is something you fill on the
plane.

Axel
 
Old Mar 2nd 2004, 5:22 pm
  #17  
paul2004
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Default Re: US Visa waiver program and arrests

I think i am in a similar boat as i have an arrest but no conviction.
So do people think that it is possible to still go through the Visa waiver program..
i'm starting to run short on time or i'd apply for a B2 visa (not even minding the expense and time to visit embassy) - how long can these take in these circumstances?
am i likely to get a B2 visa - i here they are usually denied!?
 
Old Mar 3rd 2004, 8:59 am
  #18  
Mike Mann
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Default Re: US Visa waiver program and arrests

On 1 Mar 2004 16:09:56 -0800, [email protected] (Simon)
wrote:

    >> http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

    >The next paragraph says:
    >"Travelers with minor traffic offenses which did not result in an
    >arrest and/or conviction for the offense may travel visa free,
    >provided they are otherwise qualified."
    >This implies that if you have a motoring conviction you may also need
    >a visa. The wording is not entirely clear or is my English not up to
    >American standards?

Traffic offences in the UK are dealt with by a fixed penalty or by
conviction in a court. I'm not sure whether a motoring fixed penalty
is classed as a conviction but it may well be. If so, that first
quoted sentence above is nonsense in the UK because a minor traffic
offence equals a conviction (unless the offence was undetected or a
police officer decided to issue a verbal warning). Any idea what
proportion of drivers have at least one motoring fixed penalty in
their record?

Even if fixed penalties don't equate to a conviction, there must be
(hundreds of?) thousands of people in the UK with real, genuine court
convictions for minor traffic offences before fixed penalties were
introduced. Are all of those ineligible for the visa waiver
programme?

Mike.
 
Old Mar 3rd 2004, 3:07 pm
  #19  
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Default Re: US Visa waiver program and arrests

Originally posted by Mike Mann
On 1 Mar 2004 16:09:56 -0800, [email protected] (Simon)
wrote:

    >> http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

    >The next paragraph says:
    >"Travelers with minor traffic offenses which did not result in an
    >arrest and/or conviction for the offense may travel visa free,
    >provided they are otherwise qualified."
    >This implies that if you have a motoring conviction you may also need
    >a visa. The wording is not entirely clear or is my English not up to
    >American standards?

Traffic offences in the UK are dealt with by a fixed penalty or by
conviction in a court. I'm not sure whether a motoring fixed penalty
is classed as a conviction but it may well be. If so, that first
quoted sentence above is nonsense in the UK because a minor traffic
offence equals a conviction (unless the offence was undetected or a
police officer decided to issue a verbal warning). Any idea what
proportion of drivers have at least one motoring fixed penalty in
their record?

Even if fixed penalties don't equate to a conviction, there must be
(hundreds of?) thousands of people in the UK with real, genuine court
convictions for minor traffic offences before fixed penalties were
introduced. Are all of those ineligible for the visa waiver
programme?

Mike.
All fixed penalties that you choose to pay are convictions. I recall getting a fixed penalty as a student and the judge made me pay £2 a week until it was paid off

I think you have to use your common sense to some extent. Turning on a no right turn, 10 mph over the speed limit, faulty break light...these are all minor things. Dangerous driving, DUI, stuff like that is probably not minor.
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Old Mar 3rd 2004, 3:27 pm
  #20  
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Default Re: US Visa waiver program and arrests

Originally posted by Simon
I have a problem. I have booked a holiday in the US next month and do
not seem eligible for the US visa waiver program since I was arrested
last year. No charges were ever brought and have received a letter to
that extent from the police including a veiled apology.

I phoned the Foreign and Commonwealth Office and they say that whether
I needed a Visa depended on the nature of the arrest. When phoning
the US consulate premium rate phone number they said I did need a
Visa.

What is the timescales for getting a Visa? I was told 12 weeks.

Do I have a criminal record as kept by the criminal records office?

Are arrest records held nationally and / or made available to the US
immigration dept.

I am frustrated that a simple vindictive accusation can result in an
arrest and cause these problems.

I would be grateful for any information.
Look at this link, it has the questions which are on the reverse side of the I-94W.

If you can answer NO to all of the questions then you can probably use the program.

http://www.airfares.co.uk/VisaHealth...ver_Scheme.asp
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Old Mar 4th 2004, 12:03 am
  #21  
Highlander
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Default Re: US Visa waiver program and arrests

Greetings All !
On 1 Mar 2004 16:09:56 -0800, [email protected] (Simon) wrote:

    >> http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm
    >Thanks for the link.
    >It uses the words "may not" as opposed to just "not"?

My suggestion. If you feel confident with your situation... print out what is
stated (as you've seen in the link) and take it with you!

If they give you a hard time on entering or 'call you for a more datail
conversation' on a reserved room... yes.. that happens.... you will have
something to question them also... you will have some documentation support!

[]s
Highlander

PS: follow-up msg only... for e-mail reply to [email protected]
(replace the gh with _ and remove the at.)
 
Old Mar 4th 2004, 9:57 am
  #22  
R. Mark Clayton
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Default Re: US Visa waiver program and arrests

"Mike Mann" <[email protected]> wrote in message
    > Even if fixed penalties don't equate to a conviction, there must be
    > (hundreds of?) thousands of people in the UK with real, genuine court
    > convictions for minor traffic offences before fixed penalties were
    > introduced. Are all of those ineligible for the visa waiver
    > programme?

I don't know. I am beginning to smell an inertia "please ring 090xxx" scam,
but then the USA wouldn't be party to something like that would it.

    > Mike.

BTW how do I know that the Iranian government haven't convicted me of being
kaffir (atheist) in my absence?
 
Old Mar 4th 2004, 10:24 am
  #23  
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Default Re: US Visa waiver program and arrests

what happens when a minor is arrested.? My son aged 16 travelled with me to meet his new grandparents.Last year he was arrested for stealing some cans of spray paint. He received a reprimand, not a conviction and has no criminal record. Whilst on the plane about 10 mins before we were due to land we were given the green forms. He filled out his and i filled out mine and my younger sons as well as the customs form. He got off the plane before me and it was only when we got back home that i read something about the I-194W and arrests/ moral turpitude etc that i realised he should prob not have travelled. I guess i'll get my K1 + his K2 denied for a simple mistake and not knowing what the wording actually referred to. We were totally honest throughout and did not wilfully or knowingly lie to anyone. What happens now ?



Shona
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Old Mar 7th 2004, 5:42 pm
  #24  
crg
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Default Re: US Visa waiver program and arrests

Originally posted by Simon
I have a problem. I have booked a holiday in the US next month and do
not seem eligible for the US visa waiver program since I was arrested
last year. No charges were ever brought and have received a letter to
that extent from the police including a veiled apology.

I phoned the Foreign and Commonwealth Office and they say that whether
I needed a Visa depended on the nature of the arrest. When phoning
the US consulate premium rate phone number they said I did need a
Visa.

What is the timescales for getting a Visa? I was told 12 weeks.

Do I have a criminal record as kept by the criminal records office?

Are arrest records held nationally and / or made available to the US
immigration dept.

I am frustrated that a simple vindictive accusation can result in an
arrest and cause these problems.

I would be grateful for any information.
I doubt you need a visa. If you didn't commit the crime, didn't accept a plea deal, and didn't get convicted then you don't need a visa just because of an arrest.

You could be inadmissible to the U.S. if they have a reason to believe you are a drug trafficker, or if you admit to the essential elements of a crime involving moral turpitude. Other than that, you'd need a conviction oR a conditional discharge for a specific crime to be barred from using the visa waiver program.

What was the arrest for?

Last edited by crg; Mar 9th 2004 at 5:40 pm.
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Old Mar 9th 2004, 7:35 am
  #25  
@matthewb76
 
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Default Re: US Visa waiver program and arrests

Originally posted by shona66
What happens now ?
Shona
I am just a layperson, but I would imagine you and the kids will be fine.
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