Need help USA ESTA or go for Visa?

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trayden

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I have been panicking all day!

I was falsely arrested more than 10 years ago on a GBH charge and all charges were dropped,no conviction no record no sentence.

I have never committed a crime and have never been convicted of anything, I did not cause any harm to anybody! Another person was arrested charged and convicted of the crime.

After reading way too much about "Mortal Turpitude" I am confused?

Yes i was arrested once and it would be classed i think as Mortal turpitude?

If I go for a Visa would I be knocked back? asked for records of arrest? (I no longer have)

If I tick no on ESTA am i making a false deceleration thus voiding my entry entitlements?

There are no records filed against me I was told this by my barrister at time of charges being dropped but is there a record of arrest that US border control is able to pull up from somewhere?

All I can think is this nightmare has just re appeared and looks like it will haunt me for life!
 
Choose no for all answers

If you have no conviction, you have no problem
 
v8Statesman said:
I'd be hesitant to give that advice. Even though I would tend to agree that is how it should work.
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So should I go for a visa?

Will they look at an "arrest/charge" on a visa application as a party/possibility to a criminal act even though it was mistaken identity?

I suppose criminals would just take their chances but I cannot afford that luxury.

I even get called for Jury Duty at least once every 2 years and attend!

This is a nightmare "in two strange words" on the ESTA and I didnt expect it to re surface again in my lifetime!
 
v8Statesman said:
If in doubt, yes!

Or at the very least. Call them. Pay the fee to speak to someone real and discuss it.
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Thanks!

If people only knew how many lives are ruined by over ambitious law enforcement officers trying to "step up" they would be shocked!

Its all a game to some that tars the genuine cops. And the "innocent" as it seems, and so far removed!
 
v8Statesman said:
If in doubt, yes!

Or at the very least. Call them. Pay the fee to speak to someone real and discuss it.
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I disagree your honour!

If he's had no conviction there will be no records that US immigration will see! What the OP has said in post 1 clearly states wrongful arrest, but no recorded conviction and charges "dropped".

If the US immigration services worried about everyone who got arrested but not charged, Im sure there would be as many planes leaving LAX with declined applications as there were with paying PA

The question is:

1) 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?

Although it states "arrested" in the statement above, I'm sure (disclaimer - I'm not a lawyer) their intention is not referring to being arrested and released because the police made a mistake, and I would believe that arrested in this instance is used in such a way that would mean "arrested but no conviction yet" for reasons such as still awaiting trial etc.

That's my take on the ESTA question and because of no conviction, my belief would be just fill in the ESTA questions with all no's.
 
Over the past 3 years I have had to obtain a police clearance on 2 separate occasions,this is now a requirement for many job applications regardless of background and I neither expected or had any problems getting the required clearances.

Perhaps I should get another just before I travel to USA?
 
Remember you are governed by the rules of the USA Immigration, and if they say 'arrested OR charged' then (I) would pay the money; contact US Immigration by phone for advice, and get a reply in writing if possible. Then, if necessary, go through the proper procedure and apply for a visa. It may well be that you are able to enter under ESTA, but it will be a huge relief knowing where you stand. Either way, under your circumstances I would be extremely confident you will be allowed to enter the US, it's just the hoops you have to jump through beforehand.
 
munitalP said:
I disagree your honour!
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I actually agree with you! But that is not the issue here. It is how will the US DHS look at it. The question is black and white. He has been arrested. So must say yes. As I said in my earlier post, he should call them and talk to them. Why they say is what should be followed. Or get a visa. I have a B1 Visa (not for this reason!) I got it because I asked business related questions of them and they said VWP was not the way to go for me.

Ask them. Do what they say. Then as long as the Bi Polar nature of immigration is in your favour on the day of arrival, you will have no problems getting in.:D
 
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v8Statesman said:
I actually agree with you! But that is not the issue here. It is how will the US DHS look at it. The question is black and white. He has been arrested. So must say yes. As I said in my earlier post, he should call them and talk to them. Why they say is what should be followed. Or get a visa. I have a B1 Visa (not for this reason!) I got it because I asked business related questions of them and they said VWP was not the way to go for me.

Ask them. Do what they say. Then as long as the Bi Polar nature of immigration is in your favor on the day of arrival, you will have no problems getting in.:D
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The problem is the moment you tell anyone that you have been arrested in the past they immediately presume you must have done "something in the first place" to cause the arrest! But this is not true in many many cases including mine and the reason I always attend jury duty.

I am certain that if I ticked yes on my ESTA or even spoke to the embassy I would be presumed some kind of offender and would have to prove my innocents.

By telling them i will be opening a can of worms that otherwise may never have needed to be open.

I will contact the barrister on Monday who dealt with my case to make sure there is no record of "any kind" against my name that could be available to anyone including foreign departments.

It would truly be a travesty if all false arrests or unfounded charges were kept on record to be used against a person in any way including ESTA.
 
That is your choice. Just remember if caught you'll never ever be allowed entry to the USA. Is that something you can live with?
 
v8Statesman said:
That is your choice. Just remember if caught you'll never ever be allowed entry to the USA. Is that something you can live with?
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Geez with that one sentence you just shot away any credibility you had on knowledge of USA immigration rules!

Not that i dont appreciate your time on this thread but you shouldn't really comment or advise on something you dont really know anything about.
 
trayden said:
Geez with that one sentence you just shot away any credibility you had on knowledge of USA immigration rules!
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Then live by your understanding and try your luck. I'll use mine and know I'll get in every time.
 
v8Statesman said:
Then live by your understanding and try your luck. I'll use mine and know I'll get in every time.
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You are at the understanding that i am out to break a USA law by lying "so try my luck" ? Where did you get that impression?

I need the rule on arrest or conviction to be explained to me before i choose my visa options.

If an arrest with all charges dropped and no conviction no matter how old, are included in the ESTA rule then i will take the correct path of applying for a visa.

If a past arrest (in Australia) leads to no court appearance or the need for omission of innocents or guilt and ends with no case against the arrested then the arrest may not actually be classed as an arrest! Why would i tell US immigration i was arrested in this case?

You are just using your own understanding on the rule as fact! "try your luck" (arrested so must have done something to cause the arrest)I have heard it so many times!
 
The problem with all of this is that there is no definition of 'moral turpitude' that anyone is able to give you. :confused:
 
straitman said:
The problem with all of this is that there is no understandable definition of 'moral turpitude' that anyone is able to give you. :confused:
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actually, it seems the issue here is more about the definition of the words "ever been arrested" than about the definition of "moral turpitude".

I am not sure how many different interpretations of "arrest" exist, or which is the one US Dept of Homeland Security would use.
 
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