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Applying for a US Visa with an arrest but not conviction


Applying for a US Visa with an arrest but not conviction

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DanPom1900
DanPom1900
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Hi, I’m not sure if anyone can help but I’m looking for some advice.

Back in 2018 I got arrested after a few stressful months I got let off without a caution or a charge. Fast forward to three years ago and I was travelling to Florida im Autistic so I had my wife fill out my esta and she asked me had I been arrested and or convicted to which I said no because I wasn’t convicted. I went to Florida and had no problem, I then travelled to Philadelphia and got stopped to which they asked me had I been arrested and I said yes but not charged or convicted and they ultimately cancelled my esta sent me home and told me I had to apply for a US Visa. Now I’ve already had one appointment at the US Embassy in the UK and got denied personally I went in blind and failed to fill out as much paperwork and information and got told not this time. Now I want to try again but I am very scared of being denied again, I want to show them that ultimately I have changed from the person I was, I have a huge support network now, a stable job, and that I wasn’t charged or convicted. So I’m wondering if anyone has any advice or suggestions on what to do next time? I really want to get my visa.

Thank you
AB2014
AB2014
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DanPom1900 - 6 Mar 26 5:41 PM
Hi, I’m not sure if anyone can help but I’m looking for some advice.

Back in 2018 I got arrested after a few stressful months I got let off without a caution or a charge. Fast forward to three years ago and I was travelling to Florida im Autistic so I had my wife fill out my esta and she asked me had I been arrested and or convicted to which I said no because I wasn’t convicted. I went to Florida and had no problem, I then travelled to Philadelphia and got stopped to which they asked me had I been arrested and I said yes but not charged or convicted and they ultimately cancelled my esta sent me home and told me I had to apply for a US Visa. Now I’ve already had one appointment at the US Embassy in the UK and got denied personally I went in blind and failed to fill out as much paperwork and information and got told not this time. Now I want to try again but I am very scared of being denied again, I want to show them that ultimately I have changed from the person I was, I have a huge support network now, a stable job, and that I wasn’t charged or convicted. So I’m wondering if anyone has any advice or suggestions on what to do next time? I really want to get my visa.

Thank you

If you've already had an interview at the USA embassy, they've seen that you have a clean police certificate, so that isn't the issue. I suspect they don't like the fact that you travelled without disclosing an arrest, which is an offence in the USA. What they will do in the longer term is up to them, but I would have expected them to turn you down anyway, regardless of the details, just because they know that your travelled without disclosing. Hopefully, this refusal is just their way of punishing you for travelling without disclosing, and they might grant you a visa at a later date, but if they didn't say or hint when that might be, all you can do is try again from time to time, but that could get very expensive. They might suggest that they would like to see your subject access request from ACRO, which might be helpful, as it would confirm the details, but you don't have to do that.

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If you are to punish a man retributively you must injure him. If you are to reform him you must improve him. And men are not improved by injuries. (George Bernard Shaw)

Evan Davis
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There has to be something more to this story that what first appears.

Did you fly from Florida to Philadelphia, or was this two separate holidays?
Did border officials at Philadelphia 'question' you, or did they just make an off the cuff remark and you 'spilt the beans'?
Why on earth did you decide to tell them you'd been arrested? (given that they'd have no way whatsoever to know this)
Was this some kind of 'international' crime that you were under investigation for, in the sense that potentially more than just the UK Police were involved?

Anybody who has an ESTA or visa cancelled for 'deception' as the Americans call it will under their immigration rules ordinarily be denied permission to enter for a minimum of 10 years, is my understanding - so I certainly wouldn't advise bothering with any further application until at least 2031. Now that you've let the 'toothpaste out of the tube' as such, it's going to be very difficult for you to visit the US anytime soon would be my best guess.




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All views, opinions & contributions are my own and do not represent the views of Unlock unless specifically stated.

Edited
Last Week by Evan Davis
DanPom1900
DanPom1900
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So this is in response to the first reply, yeah I do believe they turned me down due to not admitting it on my esta but also I did get told that they didn’t believe I had changed from my arrest which I don’t believe is true because I’ve completely changed my life since then. I also don’t believe I filled out my application very well. I plan on trying again and I’m hoping that by trying again they will see how I’ve changed and also I plan on filling out my application a whole lot better.

Thank you for the advice
DanPom1900
DanPom1900
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This is to the second reply, I flew two separate times one to Florida from London and then a year later from London to Philadelphia. The passport agent took a minute to look at my passport at Philadelphia airport and then I got taken to a separate room to which the border police asked me over and asked me had I been arrested to which I said yes and told them what I did but also said that it was a mistake and that I didn’t get convicted or charged. I didn’t know that the wouldn’t have access to me getting arrested and plus I thought that because it was over 5 years my arrest would have come up. Yes I wanted to tell them because I didn’t know if not telling them would have made things worse.

No it wasn’t an international crime, it was due to being on the dark web and getting mixed up with the wrong people. I do plan on trying again for a visa and showing them how much Ive changed and that I’m not the person I used to be.

Thank you for your advice as well
GO


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