Entry into USA with an arrest but no conviction

[AbundantBee]

My husband and I are planning on taking his mother on holiday with us to Florida. Six years ago my mother-in-law used to work as a dinner lady in a school and after reprimanding a girl for bad behaviour, the girl accused my mother-in-law of stealing her purse. The police came to the school and arrested my mother-in-law and the case went to court, where it was thrown out due to lack of evidence and conflicting statements off the girl and her friends. I realise that people with criminal convictions should apply for a visa for entry into the US, however my mother-in-law does not have a conviction but she has been arrested. Will she need to apply for a visa and, if so, is her application likely to be successful?

[Buenchico]

According to the rules on the US embassy website, your mother must apply for a visa. See the Visa Waiver Wizard, here:
http://www.usembassy.org.uk/cons_new/visa/visa _wizard.html
Also see here:
http://www.usembassy.org.uk/cons_new/visa/niv/ add_crime.html

The visa application procedure is expensive and tedious. There's a non-returnable fee for the application, plus an additional fee for the return of the applicant's passport. Additionally, the applicant has to attend an interview in London. Some people seem to get their visa in a few days but the embassy website advises that it can take several months. For current waiting times, see here:
http://www.usembassy.org.uk/cons_new/visa/niv/ appointment.html

If your mother-in-law wants to do things 'by the book' she should start here:
http://www.usembassy.org.uk/cons_new/visa/niv/ apply.html

However, the US authorities don't have direct access to UK criminal records (or to records of arrests which didn't result in a conviction). Most people simply 'forget' about their brush with the law and fill in the visa waiver form on the plane.

Chris

[JonnoGenie]

Arrested for theft (larceny), you're not eligible for the Visa Waiver Scheme. So either go and try to get a visa, or find another country to visit.

[AbundantBee]

Thank you for your input Chris that's very helpful.

Thank you for your "kind" words JonnoGenie. Let's hope that the police aren't as inept with your mother-in-law as they were with mine - arresting her on the basis of a petulant school girl's story, with no evidence and the police actually being reprimanded by the court for doing so and wasting the court's time.

[findthetime]

My husband was arrested and convicted many years ago. We have just come back from Florida. He filled out the Visa waiver form on the airplane, and we strolled through Homeland Security without a problem. That is not to say he wouldnt have been the first to have been turned back on the next flight, however. I honestly dont think you will have a problem.
By the way, hope you all have a great time, it is fantastic there!

[JonnoGenie]

Just telling you how it is. Sorry if it wasn't the answer that you wanted.

[tightrope]

There are thousands of people arrested every day in the UK, some guilty some not. Many are not charged due to various reasons (lack of evidence or evidence via witness statements to show they're innocent etc). These people are NOT criminals and not bad people, just unlucky. Every one of these arrests results in yet another innocent person being denied a holiday to the US. The USA is being outrageously unfair here. The USA for many innocent people who went through a nightmare are making sure that nightmare stays with them. Choose another holiday destination, I do, out of principle. However if you really do want to visit the USA then your mother-in-law will need to apply for a visa, then it's down to waiting for a decision, don't book your holiday until you know you can go. Once again, the world is packed full of beautiful and wonderful places without the harsh naive sentiments of the USA border controls that indefintely punish people for being no more than innocent victims of circumstances. By the way I have no sympathy for genuine criminals.

[tightrope]

There are thousands of people arrested every day in the UK. In 2006 alone some 1.5 MILLION people were arrested in the UK (see here http://www.justice.go...ngland-and-wales.pdf) some guilty some not. This figure does not include Scotland and Northern Ireland, every arrest results in either no admission to the US or difficult admission to the US. Many are not charged due to various reasons (lack of evidence or evidence via witness statements to show they're innocent etc). In the eyes of the law these people are NOT criminals and not bad people, just unlucky. Every one of these arrests results in yet another innocent person being denied a holiday to the US. The USA is being outrageously unfair here. The USA for many innocent people who went through a nightmare is making sure that nightmare stays with them. Choose another holiday destination; I do, out of principle. However if you really do want to visit the USA then your mother-in-law will need to apply for a visa, then it's down to waiting for a decision, don't book your holiday until you know you can go. If your mother-in-law is denied access then you know that someone in the US Visa office has decided she is guilty. Once again, the world is packed full of beautiful and wonderful places without the harsh naive sentiments of the USA border controls that indefinitely punish people for being no more than innocent victims of circumstances. The denial of entry should be for those with a criminal record, and not extended to those unfortunate enough to be in the wrong place at the wrongtime or worse, falsely accused and found innocent by a court of law. How can your mother-in-law possibly be an enemy or a risk to the USA? By the way I have no sympathy for genuine criminals.

[helpmeimlost]

Does anyone know if us embassy/consulate carry out crb checks after your visa interview?
my acpo police record has come back "no trace" as i dont have a criminal record.
ive travelled twice on an esta without problems because i ticked no to being arrested as i understood the question to no apply to me.
but i want to buy a house over in florida so i have erred on the side of caution and applied for a visa and im not sure if i should be completely honest with my arrest record as i have three arrests. none have develpoed into a conviction as i was innocent. two were for assault, one of which i was acquited in court because the other party admitted to hitting me tree times prior to my self defence. and the other was on cctv so the police clearly saw me being attacked.
ive been told the crb shows arrests.