Aircrew Arrested, will I get a Visa

[Chavonia 4]

Russell Crowe and Naomi Campbell still get to come here. They commit crimes all the time that involve hurting people...I don't see why they should get to come and not you.

Just my two cents.

That's too funny!!!!

Well, as a flight crew member, I know one must have a clean record in this industry. I doubt you would be a crew member if your record possessed anything of any seriousness. You should be fine. Sounds like you got some good advice! I know when I was applying for my airline, the airline found things in my background that I had never documented. I am sure governments can do the same if not more thoroughly. Good luck with your case!

[SophWeb 25]

you should ask to have the arrest esponged and taken off records. May be worth the cost of an attorney to have this done and keep the job.

The OP would still need to declare that he was arrested. For example, if you were in court and were asked the question you would be committing perjury by stating that you had never been arrested. What you could say is that you do not have a criminal record.

It would be good for the OP to have the arrest expunged though, because it would show that the crime was a lower-level crime. You can only get expunges for lower level criminal acts.

Also, expunging an arrest does not actually completely erase it. Some law enforcement agencies are still able to access that information.

OP - See if you can get your arrest expunged, answer yes on the forms, and then provide evidence that the arrest was expunged.

[Aztec&Taino 144]

well, more importantly,

what FOREIGNERS did as youngsters, yes.

True!

[TBoneTX 45,287]

I think any AirCrew that gets arrested, should never be allowed to come into the USA on any visa type.

What are your thoughts ?

My thoughts are that I don't comprehend this post at all -- if it's important, please explain it, D.

[atmosphere 0]

The Airline didn't ask if I had been arressted and I don't have a criminal record that requires me to disclose it, it was a caution and doesn't show up on criminal record checks, thus does not affect me getting my airside pass, I have been flying as crew for 7 years, but am now changing airline that requires a Visa to the states.

The police hold a record of me on thier system that displays that I have been arrested and cautioned, but this is simply for thier records. and only if the most details of criminal record checks are done this would show up. I don't even think the US embassy have access to the Police National Computer in the UK. However I want to be honest. I am simply unsure if it will cause me problems, because if it is likely to, I would simply stay with my current airline.

For those of you who are from the USA and unsure of the UK system, a Caution is not a criminal record, it is simply a slap on the wrists and is classed as Spent the moment you leave the police station, you don't have to declare cautions to employers. However the US embassy wish to know. and am almost certain they can gain access to the Police national computer PNC

As for Darnells quote about if Aircrew should be allowed access to the States. I think you should spend a week in the UK with a certain group of US Airways FA's I knew a guy that was arressted for drunk and disordly, and given an on the spot fine!

[JimVaPhuong 4,863]

The Airline didn't ask if I had been arressted and I don't have a criminal record that requires me to disclose it, it was a caution and doesn't show up on criminal record checks, thus does not affect me getting my airside pass, I have been flying as crew for 7 years, but am now changing airline that requires a Visa to the states.

The police hold a record of me on thier system that displays that I have been arrested and cautioned, but this is simply for thier records. and only if the most details of criminal record checks are done this would show up. I don't even think the US embassy have access to the Police National Computer in the UK. However I want to be honest. I am simply unsure if it will cause me problems, because if it is likely to, I would simply stay with my current airline.

For those of you who are from the USA and unsure of the UK system, a Caution is not a criminal record, it is simply a slap on the wrists and is classed as Spent the moment you leave the police station, you don't have to declare cautions to employers. However the US embassy wish to know. and am almost certain they can gain access to the Police national computer PNC

As for Darnells quote about if Aircrew should be allowed access to the States. I think you should spend a week in the UK with a certain group of US Airways FA's I knew a guy that was arressted for drunk and disordly, and given an on the spot fine!

A Caution is essentially the form of punishment they meted out. That's not what the US government is primarily interested in. What they want to know is whether you've been convicted or admit to having committed a crime that would make you inadmissible, even if your own government only gave you a 'slap on the wrist'.

[Kathryn41 3,205]

Basically, you are going about it the right way. State yes to the arrest question, provide whatever documentation you have to show the charge and its outcome and you should be alright. It is a far worse sin to USCIS to misrepresent the facts of a case so failing to disclose this arrest has the potential to earn you a ban from entry to the US which you definitely don't want to happen.

I had a minor offense of windsurfing without a life jacket which is a charge under the Shipping Act of Canada. I had to go to court because there were no set fines at that time for windsurfing (it was still relatively new) and there was even a newspaper article written up about it. I paid a $10 fine but there was no record of the charge and even the courts didn't have any records so I answered yes where appropriate, included the letter from the Courts stating that the records were no longer available, included the newspaper clipping and the criminal records search showing no records. It was not a problem all the way through the immigration process from a K-1, to AOS to Removal of Conditions to Citizenship. At my citizenship interview all it warranted was an amused smile from the adjudicator as she reviewed the documentation.

So, disclose the event and its resolution. Being caught going for a joyride in a canoe as a teenager should not cause you a problem.

Edited February 27, 2011 by Kathryn41

[SunDrop 59]

It may well be different for employment vs. a K-1 style visa (non-immigrant, but with the intent of adjusting) but the person I had in memory who required a subject access following his ACPO certificate showing no live trace had, as a teenager, let the air out of someone's tyres and was cautioned for it.

In short, if you need to get a ACPO (make sure it's not this and truly a CRB check) then count on getting a No Live Trace result and expect to need a subject access.

The US foreign service is a guest in Britain. We have difficulty enough sharing information between various British organisations. They have no physical access to the records, but you can bet your bottom dollar they can get any information they want out of it simply by asking. Fact is, they expect you to do this legwork.

It all hinges on what type of police record they require for an employment visa, but really don't worry it'll be fine.

[SunDrop 59]

A Caution is essentially the form of punishment they meted out. That's not what the US government is primarily interested in. What they want to know is whether you've been convicted or admit to having committed a crime that would make you inadmissible, even if your own government only gave you a 'slap on the wrist'.

Agreed, this is why my mentioning that there's no such thing as a caution in the US is relevant.

Remember, there are things that are perfectly legal in some parts of the world (pot smoking and prostitution in the Netherlands, for example) that are grounds for inadmissibility. They don't care that it was legal where you were at the time. They care that you did it, it's illegal in the US (for the most part when it comes to prostitution!) and therefore you are a higher risk of repeating your then-legal, now-illegal behaviour once in the US.

But again, this is all in relation to those with immigrant intent, and not those seeking employment. A different ball game to some extent, I'm sure.

[Used to be broken 147]

Hi all!!

I wonder if you can asssist.

9 years ago me and some friends, went to the river and went out on a canoe, that didn't belong to us, we were aged 18, upon returning the canoe some 25 minutes later the police swiftly arrested us for Taking without consent, which falls into the category of Larcency.

On the DS160 application form it clearly asks. "Have you ever been arrested?"

If I put yes, and fill in the blanks with the specifics of the incident, am I likely to be refused a Visa? I have accepted a job offer and it will mean I need this Visa in order to work!! No Visa.... NO Job!!

The offence no longer shows on basic CRB checks, however the arrest will remain on the Police National Computer for life.

What are your thoughts!?

I am worried sick about this, and seriously don't know what to do!

Many Thanks!

Not to highjack this thread but, I think on this you might have to consider whether or not you have already traveled to US On VWP and not checked the box have you ever committed a crime of moral turpitude?

This has stung many people in this process, because the previous entry can be considered a mis-rep which will open a whole new pan of worms.

[Darnell 8,478]

My thoughts are that I don't comprehend this post at all -- if it's important, please explain it, D.

Sure - Aircrew have a different 'standard' for background checks.

The checks done usually differ by 'home country', but there's some international guidelines that are followed,

but even then, it's still up to each Airline to fully vette the employee.

The checks done are not similar to the background checks done at http://www.usaimmigrationattorney.com/SecurityNameChecksAndAdministrativeReview.html

and it's not 'as if' it's even the same standard of background check (immigrant sweep vs work sweep vs tourist sweep)

So, somehow, so far, his/her company have done the checks on employment, vetted the employee, he/she's been working outta the home country for 7 years.

At some point, he/she will have a deeper search done for 'that visa', and is best not to lie - as even records that are expunged locally, even on a country-wide basis, will show up when DoS initiates the search.