Arrested-never-convicted VWP?

[madtom1337 0]

Hi

I'm 23 and considering travelling to US as tourist to meet some friends from online. I've been arrested for "public disorder" (some protesting stuff, Occupy movement back at the end of 2011), was not convicted, apart from that never been in trouble with the law at all.

I rang the US embassy in London because I read that the VWP doesn't work if you've been arrested/convicted, I wanted to find out about getting a visa. They said I'd have to get a police certificate first from the association of chief police officers or something which would cost about £35, and then applying for a tourist B2 visa would cost about $160.

Here's the thing though: the guy on the phone implied that I could try just flying out anyways and the only problem would be the border/immigration control people, and they'd interview me and make a decision, visa or no visa...

So I was wondering has anyone had any experience of trying to fly for 90 days or less on the VWP who has been arrested but not convicted?

Cheers

[Merrytooth 5,748]

Have you tried filling up ESTA first?

https://esta.cbp.dhs.gov/esta/

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

If an ESTA application is denied and you wish to continue with the trip, you will be required to apply for a nonimmigrant visa at a U.S. Embassy or Consulate

https://help.cbp.gov/app/answers/detail/a_id/1074

Edited February 7, 2013 by Merrytooth

[JamesDove 0]

Before you do anything,

Is protesting really 'Moral turpitude'? What happened to freedom of speech and protesting? Doesn't sound like Moral Turpitude to me. And he hasn't been convicted for anything. Just arrested for protesting.

If you look at http://en.wikipedia.org/wiki/Moral_turpitude . They have a list what the US sees as Moral Turpitude, protesting is not one of them. The only one close to it is 'Taking part in a conspiracy'

In my opinion you are all-right, unless you are not telling the entire story. Protesting is a right, as long as you didn't destroy or steal anything your good. 'Public disorder' is still not a moral turpitude though.

Edited February 7, 2013 by JamesDove

[Merrytooth 5,748]

So just fill up the ESTA

click NO for

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

and see how it goes.. If approved, no need to apply for tourist visa.

But beware that it is still up to the CBP at the point of entry to decide if they will admit you into USA or not.

Edited February 7, 2013 by Merrytooth

[JamesDove 0]

The only danger will be if they see you have been arrested in their system.(But I am not sure if they will since you only have been arrested and never convicted.)

Good luck!

[madtom1337 0]

Thanks for all of your help people.

I did the ESTA thing and it says I'm okay, authorization approved or whatever.

So yeah all cleared up I guess, please only reply to this now if you have any further information or experience that suggests that this won't be enough.

Cheers!