US visa URGENT

[LouisaSimone]

Hi,
I was hoping for some advice. My boyfriend was arrested for drink driving in the UK - but was not convicted or prosecuted. I have booked a holiday to celebrate our daughter's second birthday in June for two weeks, but I have been told that he will need a visa by the US embassy. There is no record of anything on his police subject access statement and he has an interview with the US embassay tomorrow morning. Do you know how long it would take for a visa to be issued? And some people have suggested not attending the interview as there is no UK police record - he was stopped for DUI, the police breathalyzer wasn't working, so they sent off blood samples and it came back under the limit and because the police made a mistake. Could the embassy find out about the arrest if the English police are not revealing it?!? Or do you think that booking the appointment would now flag something up in the US immigration @ Orlando if he didn't attend the appointment!
Louisa

[Buenchico]

The US embassy website states:
"Routine visa applications take approximately 5 workdays to process after the visa interview. Applicants who tick yes to box 38 should be aware that it is difficult to predict how long the application will take to process, but can expect to wait a minimum of eight weeks before being advised of the outcome of their application. Applicants who are advised at the time of the visa interview that their application will require additional administrative processing should allow at least 60 days for this stage of the application to be completed. Please note that the processing times quoted are approximate and cannot be guaranteed."
(The 'minimum of eight weeks', quoted there, is an improvement. Up until recently, the figure was 14 to 16 weeks)

'Box 38', above, refers to the series of questions which starts with "Have you ever been arrested .. ."

There's no way that the US embassy will know about your boyfriend's arrest unless he's already told them. The reason I say this is that, if he's attending an interview, he should have already completed form DS-156 online. If he's already ticked 'Yes' to question 38, it might be difficult for him to explain why he's now changed his mind. If he's not told them, it would probably be best to keep quiet about it. Even if he has ticked 'Yes' on the form, a little white lie might be in order. (e.g. "I ticked that because I wasn't sure. I was once asked to go to a police station but I wasn't actually arrested").

My feeling is that it might look a little odd if he didn't turn up for the interview. However, even if he doesn't, there's no way that the US immigration authorities can find out about his arrest.

Chris

[Dee Sa]

yes forget about the incident and go.when you fill in the waiver do not mention otherwise they have to follow it through, he does not have a conviction [ he was lucky though], so you dont have to worry.
enjoy Disney & Orlando.

[JonnoGenie]

Enter on the Visa waiver Scheme, you will be doing so honestly, and should have no problems.

[JonnoGenie]

But as they have your details now, they might ask why you applied for a visa.... then cancelled the interview.

[LouisaSimone]

Hi,
Thanks for all the replies. My partner cancelled the appointment after speaking to a solicitor, who said that the arrest would not be on any accessable police records as he was cleared by evidence and not convicted. We also found out that US embassy around the round state that:
Criminal Ineligibilities
If you have a criminal conviction, you may not be eligible for the VWP and may need to apply for a visa.

A conviction for a driving offence involving death/injury to a third party requires clearance before a visa is issued.

Convictions for driving offence(s) not involving death/injury to a third party, drink driving (DIC) and common assault only may be permitted under the terms of the Visa Waiver Program.

All other offences under the New Zealand Crimes Act may require clearance before a visa is issued.

When in doubt, please contact the U.S. Visa Information Service.

So I am very confused as to why the UK have a different ruling to the rest of the world US embassies!

[JonnoGenie]

Nice to get some feedback, and yes, you are not alone in pondering the 'apparent' conflict, on visa waiver advice (what it says on the form, and in the 'Foreign Affairs Manual') Vs. official advice (what they say on their website)

[munchie63]

My minor crime of 'obstruction' got me a �25 fine a long time ago, but I played safe and got a visa.
I was told it wasn't an issue, and had a visa within 3 days.

Did you speak to a solicitor dealing with the US law ?

personally, I would have attended the interview incase it shows up later at border control.
Might be worth taking the access statement with you.
If asked about the cancellation, at least you can then explain.
�10 says you get through without a 2nd glance though

[JonnoGenie]

Don't under estimate what a pain getting a US visa is. In total getting one last year must have cost me GBP130-150 (that's direct cost, not time etc). And then, the stress involved...!

If you do not need one, do not apply for one 'just in case'.

[LouisaSimone]

We didn't speak to a US solicitor, just a criminal one - and he said that an arrest that was proven to be a mistake would not be on your record. A conviction or procesution is obviously different. We have been checking US embassies around the world and so far, none of them mention an arrest needs a visa - this includes EU countries! I don't understand why the UK should be treated differently!

[JonnoGenie]

It is an interesting point. If it does only apply to the UK (and not the rest of the EU), it might be to do with the number of home-grown terrorists we seem to have. And also the availability of UK passports ((as I recall one of the London bombers had no less than ten genuine ones), that he had applied for and had been issued).

Using the visa waiver scheme means that the US authorities can carry out less rigorous checks prior to your arrival (you still have to provide advance passenger info, which they run through their systems), and puts a significant amount of rapid decision making on the immigration officer at port of entry.

In your position it would sound correct to enter on the VW scheme. It is possible they might make the connection to the cancelled interview. But you can say that you consulted a lawyer who said that you could legitimately enter on the VW scheme, i.e. honestly answer 'no' to the Moral Turpitude' question on the form.

Above all though, be completely honest if asked questions at port of entry. If they suspect any fibs they can then get somewhat unpleasant...