holiday to the usa? visa question?

[nichole1989]

i am due to go on holiday in october to the us and my bf has been arrested but not convicted does he need to get a visa? or has anyoone gone to america with an arrest and not needed a visa? also how exactly wouyld the us know that he has been arrested how would they have records? please reply many thanks

[Buenchico]

According to the rules on the US embassy website, anyone who's been arrested (even if totally innocent) is ineligible for the Visa Waiver Program and must obtain a visa.

However, the form which travellers complete on the plane does not ask about arrests. It only asks about convictions for crimes of 'moral turpitude'. Your boyfriend can answer 'No' to this question, without lying.

US immigration officials have no direct access to UK criminal records (or to police records recording arrests). The UK does pass some information on but, unless your boyfriend was arrested in relation to suspected terrorism, drug smuggling or other cross-border crime, it won't include details of his arrest.

It's probably too late to apply for a visa anyway - the process can take 5 or 6 months - but he's got nothing to worry about if he simply fills in the visa waiver form.

Chris

[alicat111]

Hi i went to america for my 21st couple weeks ago, was really worried as I too have been arrested but not convicted years ago. I thought i'd get thrown right out the contry! Had no problem at all under the visa waiver program just ticked the 'no' box when it asked if ever arrested. So they prob do not have records on their comp unless he has done something really really serious, mine was breaking and entering lol. So ur boyf will have no prob under VWP.