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USA Entry requirements (urgent)

13 replies

Cherrycupcake · 18/04/2008 22:46

We've just booked a holiday to florida and added a car etc but DH has just reminded me that late last year he was arrested for dangerous driving (no charges have been brought). Is this likely to prevent him from being allowed entry? and what about the car?

OP posts:
SueW · 18/04/2008 23:06

US Embassy Info

WendyWeber · 18/04/2008 23:07

Arrested where? Here or there? Is there anything on his licence?

Cherrycupcake · 18/04/2008 23:09

arrested here. Well, not arrested as such, he was stopped for dangerous driving and told to expect a court date but we never heard anything after that.

Nothing on the licence apart from speeding things

OP posts:
WendyWeber · 18/04/2008 23:45

If he wasn't actually arrested, and nothing further has come of it, then he should be OK, shouldn't he? They wouldn't know about it - unless they ask and you have to tell??? (You don't need a visa for a holiday any more, do you?)

I hope he has been driving more carefully since whatever the incident was anyway!

Sue's link suggests speeding points don't matter - how many live ones has he got? (I have several myself, it's so easy to get them these days, I don't even any more)

FWIW I know a girl who was in a major domestic incident as a teenager when she was staying with a family over there - the police were involved, and I'm not sure she wasn't banged up for a bit. Anyway she now swans in and out with no problems.

Good luck anyway - hope you have a great holiday

ScienceTeacher · 19/04/2008 17:17

The key thing is whether he was arrested or not. If he was told to wait for a court date, it implies he was both arrested and charged, but not yet convicted.

Dangerous (reckless) driving is a crime of moral turpitude in the US, and it makes someone ineligible to travel visa-free.

Providing the information on the visa waiver form is entirely voluntary though, but any false information could affect future entries to the US. It is always best to be honest when dealing with US immigration officials.

UnderRated · 19/04/2008 17:57

I don't see how immigration would know - if he hasn't been arrested or charged then it shouldn't be a problem. If you're worried about renting a car, couldn't you drive?

PortAndLemon · 19/04/2008 17:59

If he wasn't arrested then it's not a problem. Being stopped isn't the same thing, it's the actual arrest that would be the issue.

ash6605 · 19/04/2008 18:05

Immigration have access to our Police national Database and if he was arrested his fingerprints,DNA and photofit will be on file so the embassy could access that.
I do know people with arrests,and even convictions who have entered the US no problem,I'm not sure exactly how it works,whether they just do random spot checks or if they are only concerned about recent arrests but I have heard of many people being deported for attempting to travel without a Visa.It is not worth it,he will be best off applying for one to be sure.

admylin · 19/04/2008 18:13

I know my BIL spent a night in jail after getting drunk and not being very polite to a policeman - then he went to Florida last year and nothing happened. Being arrested and fined and locked up for a night would be on his record wouldn't it?

PortAndLemon · 19/04/2008 18:20

Yes, ash -- but it does sound as though he was just stopped at the roadside in this case (as you point out, had he been arrested he'd have had DNA and fingerprints taken, so if he didn't then he wasn't).

ash6605 · 19/04/2008 18:21

How long ago was his arrest ADMYLIN?

It should be on his record in theory but when I rang the Embassy and Police Records department myself to discuss similar issues,I was told that until recently arrests were removed from record after so many years,so a spent conviction would not effect entry to the US but now things have changed and ALL arrests,whether they lead to a conviction or not stay on record for a hundred years.

ash6605 · 19/04/2008 18:24

Sorry PORTANDLEMON,meant to add on my first post that it doesn't look as if he has been arrested if he was never taken to the station and questioned so in that case a visa wouldn't be required.

WendyWeber · 19/04/2008 18:40

LOL at 100 years before convictions are spent.

LOL too at moral turpitude.

Americans - doncha just love 'em?

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