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Tourist Visa if Previously Arrested

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  • Tourist Visa if Previously Arrested

    I am a UK citizen who was arrested by the police although I have not been charged or convicted of a criminal offence.

    From the UK embassy website it looks as if I am ineligible under the Visa Waiver Program. In these circumstances is it actually necessary to obtain a Visa, i.e. will the INS actually have a record of the arrest on their computer system.

    I am due to take a short break in the US in the next week or so and I only found out about my apparent inelibility yesterday. If I have to obtain a Visa I will have to cancel my flight as processing times for a B2 Visa are quite long.

  • #2
    I am a UK citizen who was arrested by the police although I have not been charged or convicted of a criminal offence.

    From the UK embassy website it looks as if I am ineligible under the Visa Waiver Program. In these circumstances is it actually necessary to obtain a Visa, i.e. will the INS actually have a record of the arrest on their computer system.

    I am due to take a short break in the US in the next week or so and I only found out about my apparent inelibility yesterday. If I have to obtain a Visa I will have to cancel my flight as processing times for a B2 Visa are quite long.

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    • #3
      It really depends what you were arrested for. Look at http://www.ins.usdoj.gov/lpBin/lpext...htm#slb-act212 for grounds of inadmissiblity.

      One of the questions on every visa application is 'Have you ever been arrested?', you should always answer honestly as the truth will always come out. And yes, this could be a reason for visa refusal. But again, it really depends what the charges were.

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      • #4
        Thanks for your response. I don't think that there ought to be a problem getting a visa and I will be applying for one for the future.

        My real concern is about my forthcoming trip. As a UK citizen I could normally use the Visa Waiver Program but there appears to be a prohibition on those who have been arrested for anything from using that route.

        I'b beginning to think that I'm going to have to cancel my trip as there is no way that I could apply and get a tourist visa in time.

        I don't want to be too critical of another country but it is curious that the Visa Waiver Program should deny entry to someone who was arrested but not even charged, let alone convicted.

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