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-   -   Visa reqts for US (http://www.travelbanter.com/showthread.php?t=42846)

sniper September 19th, 2004 07:05 AM

Visa reqts for US
 
In 1997, during an argument with my then boyfriend I was arrested for ABH.
When this went to court, the case was dismissed due to extenuating
circumstances (I was defending ,myself). Therefore I have no criminal
record. I haven't even had a parking offence

However, I have to go to the US on company business and it appears I am no
longer able to travel under the Visa Waiver Scheme because I have been
arrested, regardless of the outcome of the case. This now means I am going
to have to admit this to my employers (and it also means I am going to have
to tell them I cannot do the business trip since there is no way of getting
a visa in the time scale). I also now have to explain the whole sorry mess
to my husband.

I have no paperwork relating to the case, - I can't even remember what court
it was in- never thinking I'd need it so now I have to apparently contact
New Scotland yard to try to find some record. Exactly how, or how long this
will take, I have yet to find out

Surely this is an offence against Civil Liberties? If I'd been found guilty
then maybe I could have understood it but in these circumstance this seems
totally unfair, especially as I've previously travelled to the US many times
without problems.


--
"Support bacteria, they're the only culture some people have



Peter Crosland September 19th, 2004 07:25 AM

Surely this is an offence against Civil Liberties? If I'd been found
guilty then maybe I could have understood it but in these
circumstance this seems totally unfair, especially as I've previously
travelled to the US many times without problems.


That is the US requirement and always has been. AFAIK you have always had to
declare this so you may have problems explaining to the US Imigration
service why you did not do so before. You need to obtain a copy of your file
on the Police National Computer. You can get an application form at any
police station.



Peter Crosland September 19th, 2004 07:25 AM

Surely this is an offence against Civil Liberties? If I'd been found
guilty then maybe I could have understood it but in these
circumstance this seems totally unfair, especially as I've previously
travelled to the US many times without problems.


That is the US requirement and always has been. AFAIK you have always had to
declare this so you may have problems explaining to the US Imigration
service why you did not do so before. You need to obtain a copy of your file
on the Police National Computer. You can get an application form at any
police station.



IanAl September 19th, 2004 09:44 AM

On Sun, 19 Sep 2004 07:25:51 +0100, "Peter Crosland"
wrote:

Surely this is an offence against Civil Liberties? If I'd been found
guilty then maybe I could have understood it but in these
circumstance this seems totally unfair, especially as I've previously
travelled to the US many times without problems.


That is the US requirement and always has been. AFAIK you have always had to
declare this so you may have problems explaining to the US Imigration
service why you did not do so before. You need to obtain a copy of your file
on the Police National Computer. You can get an application form at any
police station.


Since the OP managed to travel to the US before without any problems I
would suggest that she keep quiet about the arrest. The chance of the
US authorities finding out about the arrest are pretty much nil unless
someone tells them.

IanAl September 19th, 2004 09:44 AM

On Sun, 19 Sep 2004 07:25:51 +0100, "Peter Crosland"
wrote:

Surely this is an offence against Civil Liberties? If I'd been found
guilty then maybe I could have understood it but in these
circumstance this seems totally unfair, especially as I've previously
travelled to the US many times without problems.


That is the US requirement and always has been. AFAIK you have always had to
declare this so you may have problems explaining to the US Imigration
service why you did not do so before. You need to obtain a copy of your file
on the Police National Computer. You can get an application form at any
police station.


Since the OP managed to travel to the US before without any problems I
would suggest that she keep quiet about the arrest. The chance of the
US authorities finding out about the arrest are pretty much nil unless
someone tells them.

Ken Tough September 19th, 2004 10:21 AM

IanAl wrote:

Since the OP managed to travel to the US before without any problems I
would suggest that she keep quiet about the arrest. The chance of the
US authorities finding out about the arrest are pretty much nil unless
someone tells them.


The sticky bit in those situations is that if anything does happen
when she's over there, not having declared things (or ticking 'No'
in the 'I intend to kill the president' box) gives them reason to
throw the book at her.

--
Ken Tough

Ken Tough September 19th, 2004 10:21 AM

IanAl wrote:

Since the OP managed to travel to the US before without any problems I
would suggest that she keep quiet about the arrest. The chance of the
US authorities finding out about the arrest are pretty much nil unless
someone tells them.


The sticky bit in those situations is that if anything does happen
when she's over there, not having declared things (or ticking 'No'
in the 'I intend to kill the president' box) gives them reason to
throw the book at her.

--
Ken Tough

Ken Tough September 19th, 2004 10:29 AM

sniper wrote:

I have no paperwork relating to the case, - I can't even remember what court
it was in- never thinking I'd need it so now I have to apparently contact
New Scotland yard to try to find some record. Exactly how, or how long this
will take, I have yet to find out


You have looked here, I suppose:
http://www.usembassy.org.uk/cons_web.../add_crime.htm

Surely this is an offence against Civil Liberties? If I'd been found guilty
then maybe I could have understood it but in these circumstance this seems
totally unfair, especially as I've previously travelled to the US many times
without problems.


It looks like you're over a bit of a barrel. You're right, it is
a nasty take on civil liberties. It's easy for me to say, but to
fight back you should come clean. You didn't do anything wrong,
and to imply that arrest = guilt is what a police state what do. A
person ought to be able to declare a pointless/incorrect arrest
without it being seen negative, otherwise it's just adding fuel to
their fire. They could always deny your visa and there's not much
you can do about it after that point, but otherwise you're being
denied entry implicitly for no fault on your part. As another
poster writes, they're unlikely to connect that arrest to you,
but you technically ought to declare it. Why not discuss it with
your employer, and see what they advise you to do. At least then
it's out in the open, and any delays can be explained and maybe
they can help adjust schedules to fit?

--
Ken Tough

Ken Tough September 19th, 2004 10:29 AM

sniper wrote:

I have no paperwork relating to the case, - I can't even remember what court
it was in- never thinking I'd need it so now I have to apparently contact
New Scotland yard to try to find some record. Exactly how, or how long this
will take, I have yet to find out


You have looked here, I suppose:
http://www.usembassy.org.uk/cons_web.../add_crime.htm

Surely this is an offence against Civil Liberties? If I'd been found guilty
then maybe I could have understood it but in these circumstance this seems
totally unfair, especially as I've previously travelled to the US many times
without problems.


It looks like you're over a bit of a barrel. You're right, it is
a nasty take on civil liberties. It's easy for me to say, but to
fight back you should come clean. You didn't do anything wrong,
and to imply that arrest = guilt is what a police state what do. A
person ought to be able to declare a pointless/incorrect arrest
without it being seen negative, otherwise it's just adding fuel to
their fire. They could always deny your visa and there's not much
you can do about it after that point, but otherwise you're being
denied entry implicitly for no fault on your part. As another
poster writes, they're unlikely to connect that arrest to you,
but you technically ought to declare it. Why not discuss it with
your employer, and see what they advise you to do. At least then
it's out in the open, and any delays can be explained and maybe
they can help adjust schedules to fit?

--
Ken Tough

Stef September 19th, 2004 11:26 AM


"IanAl" wrote in message
...
On Sun, 19 Sep 2004 07:25:51 +0100, "Peter Crosland"
wrote:

Surely this is an offence against Civil Liberties? If I'd been found
guilty then maybe I could have understood it but in these
circumstance this seems totally unfair, especially as I've previously
travelled to the US many times without problems.


That is the US requirement and always has been. AFAIK you have always had
to
declare this so you may have problems explaining to the US Imigration
service why you did not do so before. You need to obtain a copy of your
file
on the Police National Computer. You can get an application form at any
police station.


Since the OP managed to travel to the US before without any problems I
would suggest that she keep quiet about the arrest. The chance of the
US authorities finding out about the arrest are pretty much nil unless
someone tells them.


To be honest that was what I was going to do but as from October 26, you
have to be fingerprinted going in to the US and I'm afraid it will show up
then
(Email sent from laptop hence different id)




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