Visa to the USA when holding a caution?

I have a friend who works for the US government, sorting out visas in Germany. He says your friend will not be able to enter under the VWP. He'll have to declare the caution. He says never ever ever lie or withhold info as you'll be banned from entering for life if you do. He seems to think a visa will be granted as the caution was so long ago. HTH.

Thanks Mel, we thought that would be the case.

He has sent off for a police certificate which the internet says he would need if he had to go for a visa interview, but we do know that previously this caution was not held on the Police National Computer, so we dont know if it will show on the police certificate anyway?

Does your friend know If it doesnt show on the police certificate would he still have to apply for the Visa?

I would have thought that if it doesn't show up on the PNC or on his police certificate then there is no way the US authorities would know about it as they would be getting their info re cautions and convictions from the police here.

Thanks Sparklywug,

i would have thought the same. Dont want us all to get there though and then he gets refused entry!

Get the person to phone the embassy and explain the details, they are the best people to offer advice

Thanks Zoe - that would be the sensible thing to do, but he is scared that if he phones and brings attention to it when he doesnt need to, then he is just causing more trouble for himself.

I will tell him to phone

I don't think you can phone the embassy, at least that's what our solicitor told us when we had forgotten to pay for my visa by accident.

Get it sorted sooner rather than later and be prepared for a long wait in the embassy - ours took 4 hours.

I actually witnessed this once - the woman in front of me in the queue at US Immigration was refused entry after crossing the Atlantic. I think it was for a reason as trivial as not being able to give them an address where she'd be staying, but they were absolutely adamant. She was devastated, and horribly confused as to what on earth to do - except get on the next plane back home, I imagine.

WES, get it all checked out. Dad got sent back for having the wrong type of work visa (not his fault but the company he was working for at the time) and came back in First class...

J

With the new ESTA system, you need to apply for permission to enter the US (either with a visa or on the Visa Waiver) online at least 72 hours prior to arrival. If you arrive at the airport without the printout approval you'll be denied boarding

If you get approval you can travel on the visa waiver, if it doesn't approve you, you can then apply for a visa. I'd recommend doing it way before 72 hours ahead though as that will not allow time to apply for a visa.

Make sure you use the US embassy site to do this https://esta.cbp.dhs.gov/esta/esta.html?_flowExecutionKey=_cAEFBC958-3353-23E5-D43A-BE63FF0537E4_k55A446DB-7320-AE82-FD51-39ECB7D68348 There's several other very official looking sites but they charge up to £50 for just filling out a form for you.

That's interesting about the boarding. We flew to Dallas last month with American Airlines (direct from LHR) and no-one asked us if we applied on online (which we had and I did have the print outs) we were just given the green I-94s to fill in with our passports. We filled them in, handed them in at immigration and no-one mentioned the online programme.

I thought it started January and they were not issuing the green cards to fill out anymore - the whole thing left me a bit confused i must say.

TG

I agree with TG. I've flown 4 times in the past month and no one has asked us for them.

TG - the ESTA system and the US immigration thing aren't actually tied yet. They anticipate it'll do away with the cards in the next couple of years.

I've got a queation somebody might be able to answer. . .

How do they (US immigration) know if you have been arrested / cautioned ?

I was arrested many years ago (wrongfully) on suspicioun of theft from a motor vehicle. I was also arrested (legitimately) and cautioned for posession of cannabis.

I've been to the US a few times, and simply don't mention these on the form. They happened years ago, any caution is long spent and I sincerely doubt they are still held on any police databases. I've never been stopped from entering the country.

Yes, presumably if the caution is spent (which it certainly should be if it's 15-20 years old), would this be an issue at all?

I always wonder about that P&P (although I've never been to the states and haven't ever come to the attention of the authorities ?). I think it's fair enough for countries to share information about violent and serious criminals, but of course the US authorities don't have access to the UK police records database and I really hope the authorities on both sides of the pond have better things to do than discuss some pot smoking student. I suspect it's a load of old cobblers and they couldn't actually find information on arrests and cautions.

Sorry I worded it badly. That's how it was originally. From the 12th of March, the airlines have been able to access the US immigration website to cross check the passport number against the ESTA approvals. I would always take a copy in case the airlines have any issues with that system.

Of course you can phone the embassy, this is the visa number though. Asking them for advice is not going to cause trouble for him, if it needs bringing to their attention it needs it.

For Operator Assisted Visa Information call **** (this is NOT a London number. It does not require any other prefix or dialling code.)
Service available Monday through Friday, 8.00 a.m. until 8.00 p.m., and on Saturdays from 10.00 a.m. until 4.00 p.m.; £1.20/min; only available in the U.K., within U.K. may be unavailable from some business telephones and mobile networks.

https://uk.usembassy.gov/ukaddres.html

1.20 a minute!! ?

Cheaper to fly to Canada and have a nice holiday there, than waste 30quid on a phone call and pay for a trip to the embassy just to fly into the USA, surely?

Hi all

thanks for all your advice and experience.

P&aP - the caution he has was for burglary, which does sound awful and as if he broke into someones house with a mask, striped top and swag bag. What he actually did was to go into a boating shed and take a life jacket.

He has been to America in the past, and it wasnt a problem then, but i think that was before the new rules came out about arrests and convictions although i could be wrong?

According to their website the US immigration are exempt from the Rehabilitation of Offenders Act and therefore any convictions, or cautions are not considered spent.

I would be surprised if the systems are linked, but again knowing his luck they are, and he will have to go home, while we go off and have a jolly time with Mickey and the gang!

Thanks again everyone.