Entry to US

[sdawne]

A group of 8 of us are due to travel to Florida this May however 3 of us have been arrested for something.

My boyfriend was arrested 5 years ago for theft - he stole something that was going to be thrown out at work and his boss got him arrested for it. He was not detained and only given a caution. Two weeks ago he was also held overnight for drunk and disorderly - i.e singing in the street when we left the club. He was let off with a fine.

The other 2 people in our group had similar cautions - none of them were sent to court over it.

Does this mean that they all have to go to London and get a visa and risk it not arriving in time for our holiday as the waiting time is so long or should we risk it as they were never convicted of anything and basically let off with a slapped wrist.

Also is there any way the Airport officials can get this information as the offences are so minor? My boyfriend did have his fingerprints taken at our local police station. Does this mean that when they take our fingerprints in America they will be able to access his records and view the caution?

Also my friend forgot to return her portion of the I-94W form to the officials when she went last year! Is she now going to be refused entry because they have no record of her leaving last year.

This holiday is beginning to turn into a nightmare!!

Any advice will be very much appreciated.

Sdawne

[Mr Orlando]

Right then -

Firstly failing to give up the I-94W return form isnt a big deal - I failed to return it and have never had a problem getting back in.

As for being given a caution, I also have received a caution and again still got in

I think you only nead to get a visa in London if you have been jailed - please don't quote me on that.

[sdawne]

Thanks Mr. Orlando.

Did you get your fingerprints taken when you were cautioned and if so have you gone to the US since they introduced fingerprinting?

Just wondering if there is any way they can access fingerprints held by UK police.

Sdawne

[Mr Orlando]

Did you get your fingerprints taken when you were cautioned and if so have you gone to the US since they introduced fingerprinting?

Just wondering if there is any way they can access fingerprints held by UK police.



I did get fingerprinted when I got a caution and yes I did go to America after fingerprinting was introduced - BUT I never got fingerprinted !! yeah work that one out.

[Unregistered]

A group of 8 of us are due to travel to Florida this May however 3 of us have been arrested for something.

My boyfriend was arrested 5 years ago for theft - he stole something that was going to be thrown out at work and his boss got him arrested for it. He was not detained and only given a caution. Two weeks ago he was also held overnight for drunk and disorderly - i.e singing in the street when we left the club. He was let off with a fine.

The other 2 people in our group had similar cautions - none of them were sent to court over it.

Does this mean that they all have to go to London and get a visa and risk it not arriving in time for our holiday as the waiting time is so long or should we risk it as they were never convicted of anything and basically let off with a slapped wrist.

Also is there any way the Airport officials can get this information as the offences are so minor? My boyfriend did have his fingerprints taken at our local police station. Does this mean that when they take our fingerprints in America they will be able to access his records and view the caution?

Also my friend forgot to return her portion of the I-94W form to the officials when she went last year! Is she now going to be refused entry because they have no record of her leaving last year.

This holiday is beginning to turn into a nightmare!!

Any advice will be very much appreciated.

Sdawne

You only get refused entry if you have been given a conviction. that means you have a criminal record. and your friend should be ok because they should know if she left the usa. dont worry. but contact your travel agent and they will give you the US embassy number but ring from work it around £1 a min. good luck.

[scorpius]

i know of people who have gone to the us(florida) who have had worse convictions than most and have had no problem in getting into the country i am not saying that everyone is or are going to be fine in getting through imigration but i am sure they cant check up on everyone who enters the country as if you really think about how many people enter through the airports it must be in the thousends per hour it would be a heck of alot of work for the imigration/customs people to do and even if they do cheack everyone most probably by the time they have gotten to your name you may wel be out of the country anyway ?? possibly

any anyhow how long would you have to go ack into your past history of any police activities do you have to go back as i have heard that its litterally from when you can commit an offence so from what i have read in the other threads about past convictions anyone who was stupid enough to commit and be sent down for that offence no matter how petty it was say for instance a motoring offence that would lie to know even if you are now say 60 and you commited it back when you were sy 16 to 20 or something to me that is a little extreme please add any comments on this it would be interesting to know how far back you really have to go back i also have heard that they do require that each arrest and or conviction is documented when you go for a said interview with the us imigration i know for a fact that each one costs £8 each so what if in your yonger days you were a bit naughty and had a few and now for a while you havent been in trouble anymore

i think personally that ther eshould be a few guidelines on what is fully necessary and to how severe a conviction has to be to be counted as a threat to their country eg i dont think anyone convicted of a motoring offence is a deadly enought threat to their national security to cause a problem
anyway ill leave my thoughts there and see if anyone has their own

[Nickynoo]

Just wondering if anyone else has information about entering the US when youve been arrested.
I was cautioned years ago, It will have been wiped from my British record by now (that only takes 3 years) but Im wondering if there is any way that US Customs can see that information still?
I really dont want to pay £60 and attend an interview in London if its not necessary, but also dont want to ruin my holiday by being refuwsed entry!

[Unregistered]

Visit the US web site http://www.usembassy.org.uk/

It states: Travelers who have been arrested, even if the arrest did not result in a criminal conviction, and those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), are not eligible to travel visa free under the Visa Waiver Program. They are required to apply for visas. If they attempt to travel without a visa, they may be refused entry into the United States

It is worth spending the money on the phone call than flying over and then being deported!!!

[rbm1964]

There is another question similar to this about VISA requirements.

I have posted a reply there, but the general rule of thumb is that if you were seen by a judge, not even gone to prison, then the conviction from the USA perspective is NOT spent.

My partner has a drink drive conviction from 23 years ago, no records held with Police, Courts etc., but he still required a Visa.

We went across to Belfast as they had a shorter waiting list and from the actual attendance at the Embassy and being told it was approved, the passport was returned within 3 days.

Hope that helps!?!

rbm1964

[ROBDUFFILL]

:D Wow! you know a lot about all of this! How? :D

[rbm1964]

Gleaned alot of info from another FORUM [specific to Orlando and accommodation rental] and then from pure leg work due to needing Visa for partner. Also expensive calls to the Embassy!! [£1.50 per minute I think it was].

[ROBDUFFILL]

Ouch! Thats expensive! :(

[Double k]

It is and thay did'nt talk dirty to you thats terrible :D

[rbm1964]

It is and thay did'nt talk dirty to you thats terrible :D

I don't think there is an answer to that one :) Unless of course you know about these premium rate phone lines - or is it just what you've been told :D

[daftdaisy]

Well i'm a little confused, I have a conviction, it wasn't spent when I last went to Florida and it really didn't occur to me to declare it (honestly) it's spent now, but I still need a visa do I? But they let me in last time?? As there's 9 of us going this time I really dont want to be the one sent home :( I really dont know what to do, apply or not? :confused:

[ROBDUFFILL]

I would just so to be sure and you dont get send home leaving it all behind! THAT WOULD BE AWFULL! :(

[Rachel]

My boyfriend and I are travelling to Florida in just over a week, he has a conviction for drink driving 11 years ago. No visa, and no time to apply...it's a risk we will have to take. Are they really going to send us back for a conviction this long ago? :confused:

[Mr Orlando]

that shouldnt be a problem

[Paulie]

that shouldnt be a problem

I asked on another thread in this section if I would need a visa (it's too late anyway but I'd thought i'd ask!) for a DD conviction 10 years ago and you said I would need a visa!

I appreciate that Rachel and I would both need a visa and that your opinion is only your opinion (though you are much more experienced than us) but it seems a little conflicting!

No flaming me as I'm only pointing it out!

:confused:

[karrie]

paulie im with u (sorry mr o!!) but it does state that any conviction will need a visa.
i think that rob is just saying u will be ok as its a fair length back but to be rite u will need a visa if ever arrested or convicted.

[Mr Orlando]

well there is no time to get one - Please let us know how you get on

[Paulie]

Will do! :eek:

I can't say that I'm not worried about it... But the only people who seem to be posting on here and have been refused entry are the people that have declared their conviction... not that I'm advocating doing that!

I may be being naive though and can honestly see myself on the next plane back to Bimingham with a slapped bum and a two week holiday to fill!

All me own fault I know... :mad:

[sunnygirl]

I think it's a bit of a lottery Paulie to be honest. Hopefully they will be concentrating on the real bad guys and you will get in no problem. When exactly is it you go????

:)

[Paulie]

Thursday the 28th... Im quite worried actually as I don't want to let my girl down :mad: