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Original poster

Arrested after approved visa

39 replies

Todayistheday15 · 08/02/2015 08:56

I'm not sure where to post this sorry...
I have paid for a two week holiday to Orlando Florida with my partner and kids and we have just had our visa's approved and mailed to us. We leave in just over a week! My partner has gone out last night and got arrested for mouthing off apparently! Least to say I'm fuming! What should I do now will he get denied entry?

OP posts:
Liondemer · 08/02/2015 09:08

What country are you from?

Nolim · 08/02/2015 09:11

Hm. I suggest call the consulate/embassy and try to get an emergency appointment.

Will going without him be impossible? I know two weeks with kids is a long time …

Liondemer · 08/02/2015 09:14

It shouldn't matter. You only have to declare if you've been arrested in the US. But that's in my experience as a British citizen.

Nolim · 08/02/2015 09:34

Liondemer i dont think that is how it works.
In the visa page of the us embassy there is a section on arrests with instructions regarding arrests in the us and in other countries.

Liondemer · 08/02/2015 09:37

Ok maybe I'm wrong then. I don't remember that when I last did my etsa.

Madcatgirl · 08/02/2015 09:39

You need to speak to the embassy about this, there are some things that you can't enter the country for.

StAndrewsDay · 08/02/2015 09:39

I think if no actual criminal conviction has happened in the UK then he should be ok, but I would check before travelling. From memory I think you have to declare that when you apply for your visa and if it was true at the point of application then it should all be fine.

Mouthing off to who, and why? Hmm Not that it's relevant or any of my business really, but he must have been doing something else to have attracted the polices' attention in the first place?

StAndrewsDay · 08/02/2015 09:40

oh Nolim is that correct? Maybe I am wrong then. Oh dear. Hope the OP's holiday isn't ruined because of a twuntish DP.

Nolim · 08/02/2015 09:40

Etsa is for travelers under the visa waiver program. I guess op doesnt qualify for visa waiver. Otherwise why apply for visas for a holiday?

Am i right op?

Liondemer · 08/02/2015 09:43

Yeah that's why I asked what country op was from. I guess they may be stricter if not under the waiver program.

Nolim · 08/02/2015 09:55

I dont think they are stricter when it comes to arrests. Meaning that i dont think that an arrest for a british person would be considered less serious than an equivalent one for someone from another country. In both cases the "culprit" has to go to the embassy and explain.

gallicgirl · 08/02/2015 09:59

I thought you only declared actual charges rather than arrests. Any innocent person could be arrested while investigations are made but they aren't necessarily charged with a crime.
However accepting a caution will result in a criminal record.

Liondemer · 08/02/2015 09:59

All I mean is when you apply for the visa waiver program they only ask if you've been atreated for a crime against the government. But maybe the op's DH was mouthing off to the pm?!
Anyway it doesn't look like anyone knows for sure op. Sorry! Call the embassy. Good luck!

Liondemer · 08/02/2015 10:00

Arrested... Not atreated...

StAndrewsDay · 08/02/2015 10:02

that's what I thought too gallic

StAndrewsDay · 08/02/2015 10:02

Outstanding charges might be an issue though, even if no prosecution has been brought….

Original poster
Todayistheday15 · 08/02/2015 10:24

We are from the uk. And we have estas. So guessing that's the waiver one? I don't know the ins and outs of what's happened I wasn't there and he is obviously still in custody. I'm so mad! My mum has done all the visa stuff for us and I can't tell her she will go nuts. So there isn't the option of not saying anything to anyone then? When how will it get checked when we are there?

OP posts:
InfinitySeven · 08/02/2015 10:29

It's my understanding that old convictions are unlikely to be checked, but new ones should be declared. If you don't declare, he could be immediately returned home and not be allowed reentry.

You do need to know if he's being charged, what with and if that counts as a crime of moral turptitude. He needs to make a visa appointment with the embassy to be sure.

AttilaTheMeerkat · 08/02/2015 10:33

The person has to be both arrested and charged. If that happens it may affect his chances of entry. At the very least now he may now have to be interviewed at the US Embassy. They may well deny him entry into the US: the ESTA itself does not guarantee passage into the US. That decision is made by the immigration officer.

The ESTA is the electronic travel authorisation; its the same as the visa waiver scheme. All EU citizens for instance travel under the ESTA scheme.

(BTW re having the ESTAs mailed to you, I sincerely hope your mum did not use one of those unofficial ESTA application sites because they are a con).

Original poster
Todayistheday15 · 08/02/2015 10:34

He has been released with No charge and was arrested for being drunk and disorderly

OP posts:
Original poster
Todayistheday15 · 08/02/2015 10:36

No I meant though the post.
Yes but how would they know anything at the other end will it flag up when he shows his passport or something? Cuz surely they don't interrogate everyone

OP posts:
AttilaTheMeerkat · 08/02/2015 10:37

He'd better not repeat that behaviour in FL.

AttilaTheMeerkat · 08/02/2015 10:40

Everyone except children under the age of 14 is fingerprinted and photographed on arrival at the immigration desk. You all are processed individually and asked questions normally about length of stay, purpose of visit etc.

StAndrewsDay · 08/02/2015 11:10

He is very lucky they haven't pressed charges, hopefully if it only flags up charges and/or convictions you'll be okay. God, if he was mine I'd be in the most STINKING mood ever. In fact I think I'd be wanting to go without him anyway.

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