ESTA - rejection at immigration

I'm in the UK.

If the US immigration were to reject me at port (just a day visit to New York) would they tell me to get back on the ship, or would they seek to deport me straight back to the UK in an airplane :eek:

I have no convictions, but a very wicked ex partner sought to obstruct my relationship with my son by any means possible including making a complaint to the police that I was a paedophile, which of course they had to investigate and involved arresting me for questioning. I don't know if there is any formal record on file of this. The police decided it was a malicious complaint and handed her a formal Police Caution for wasting their time. This was back in 2004 by the way.

Ta.

I'm in the UK.

 

If the US immigration were to reject me at port (just a day visit to New York) would they tell me to get back on the ship, or would they seek to deport me straight back to the UK in an airplane :eek:

 

I have no convictions, but a very wicked ex partner sought to obstruct my relationship with my son by any means possible including making a complaint to the police that I was a paedophile, which of course they had to investigate and involved arresting me for questioning. I don't know if there is any formal record on file of this. The police decided it was a malicious complaint and handed her a formal Police Caution for wasting their time. This was back in 2004 by the way.

 

Ta.

If you have an ESTA because you answered all the questions truthfully, you'll be fine, but be aware, if you were arrested for anything other than minor traffic offences, you might have to apply for a visa from the Embassy in London.

It is convictions that matter, not arrests. Just complete the on-line application and if it is approved, it's approved and there won't be any problem in New York.

It is convictions that matter, not arrests. Just complete the on-line application and if it is approved, it's approved and there won't be any problem in New York.

If you can answer NO to this ESTA question,

Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record?

then I'd agree with you. If not, then an applicant might have to apply for a visa.

This ESTA web page offers additional information: https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp3

This partial quote from that page might be of interest: "A travel authorization does not guarantee admission to the United States; as a Customs and Border Protection officer at a port of entry will have the final determination."

I'm in the UK.

 

If the US immigration were to reject me at port (just a day visit to New York) would they tell me to get back on the ship, or would they seek to deport me straight back to the UK in an airplane :eek:

 

I have no convictions, but a very wicked ex partner sought to obstruct my relationship with my son by any means possible including making a complaint to the police that I was a paedophile, which of course they had to investigate and involved arresting me for questioning. I don't know if there is any formal record on file of this. The police decided it was a malicious complaint and handed her a formal Police Caution for wasting their time. This was back in 2004 by the way.

 

Ta.

I suggest you take this 'test'

http://london.usembassy.gov/root/visa-wizard/pages/

and then decide.

If you DO end up having to apply for a non electronic visa, if you pass the interview and the visa is granted, you'll be fine.

I do know of someone who was turned away at Manchester airport when using the ESTA. Apparently he had a conviction (I don't know what for though).

My question though isn't whether or not I can get an ESTA it's what happens if I am rejected with it on US soil?

My research suggests that the 'arrest' part of the ESTA question incorrect (which is also in that test linked to). The US legislation apparently only requires declaration of convictions.

I do know of someone who was turned away at Manchester airport when using the ESTA. Apparently he had a conviction (I don't know what for though).

 

My question though isn't whether or not I can get an ESTA it's what happens if I am rejected with it on US soil?

 

My research suggests that the 'arrest' part of the ESTA question incorrect (which is also in that test linked to). The US legislation apparently only requires declaration of convictions.

PurpleMoonlight, you have been given several reference sites.

As Victoria previously wrote:

I suggest you take this 'test'

http://london.usembassy.gov/root/visa-wizard/pages/

and then decide.

If you DO end up having to apply for a non electronic visa, if you pass the interview and the visa is granted, you'll be fine. (Although my understanding is that the USA Border Control Agent has final authority.)

In direct reply to your question, if you don't qualify for ESTA, then you need to obtain a USA VISA. Without either, you will not step foot on USA soil. What will happen to you if you try to disembark without proper documentation? I haven't a clue. My suggestion is that you consult an attorney in your country.

The most current information I have found is that it is not only convictions, but also arrests that must be declared, as you will see if you follow the links previously provided.

The OP wrote that he or she was "arrested for questioning".

In the UK, can people be "arrested for questioning"? :confused:

https://www.gov.uk/police-powers-of-arrest-your-rights

Yes, you have to be arrested before formal questioning in relation to a specific allegation or suspected crime.

I guess I really have no option but to apply in person at the US Embassy.

If I get rejected though, will my holiday be off or can I just stay on the ship when in New York?

I hate my ex. :mad:

Yes, you have to be arrested before formal questioning in relation to a specific allegation or suspected crime.

 

I guess I really have no option but to apply in person at the US Embassy.

 

If I get rejected though, will my holiday be off or can I just stay on the ship when in New York?

 

I hate my ex. :mad:

If either your ESTA or full visa is rejected you will not be able to travel to the US. The waters surrounding the country are US territory. Given your complicated history I would apply for a full visa; that way you fell more confident if accepted. However the US are particular sensitive about who they allow in to their country for obvious reasons, and can refuse anyone entry visa or no visa. If you go onto the US Embassy web site and have a good read you will gain all the info you need. Yes I thought it OTT when I visited New York even though I did not intend to embark I still had to get off the ship and go through immigration.

If either your ESTA or full visa is rejected you will not be able to travel to the US. The waters surrounding the country are US territory. Given your complicated history I would apply for a full visa; that way you fell more confident if accepted. However the US are particular sensitive about who they allow in to their country for obvious reasons, and can refuse anyone entry visa or no visa. If you go onto the US Embassy web site and have a good read you will gain all the info you need. Yes I thought it OTT when I visited New York even though I did not intend to embark I still had to get off the ship and go through immigration.

Thanks for the info. I think my 2014 cruise is the same as the one you did in 2010.

If I can't get a visa I have just torched £10,000 and I won't be able to travel. :eek:

I should have checked the immigration requirements prior to booking.

My son had to apply for a visa to visit the USA about 5 years ago.

About 3 years previous to that he had been arrested for aggravated robbery. The offence had been committed on a motorbike. It had nothing to do with him. He happened to be in the area on his motorbike dropping off a friend , totally unaware. Someone took down his registration as he passed the scene. He was held for 12 hours.

They did get who did it. My son had to obtain proof of no criminal record and go for an interview at the American Embassy in London. He was given a 10 year visa. He has been back to the USA a number of times and not had an issue getting through immigration.

If you can answer NO to this ESTA question,

 

Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record?

 

then I'd agree with you. If not, then an applicant might have to apply for a visa.

What a very sneaky question for them to pose, apologies :)

I'm going to get a copy of my Police Certificate (£45).

If that is clear then I will do ESTA, if not I will apply to the US Embassy (the Police Certificate is required for the Embassy process anyway).

I'm going to get a copy of my Police Certificate (£45).

 

If that is clear then I will do ESTA, if not I will apply to the US Embassy (the Police Certificate is required for the Embassy process anyway).

I would do it the other way round:

Show up at the embassy with your papers and explain them the situation.

As far as I understand, ESTA is a pretty automated process - you won't have a chance to present your point of view and once ESTA is rejected - it'll get much more difficult to get that reversed.

What a very sneaky question for them to pose ...

As you wander 'round the ship, passing fellow passengers, I wonder how many could claim they've never been arrested for anything, however minor, for even a short time, maybe for questioning, and then simply released without charge, with no further action taken?

They may be grey-haired now, and look great in "black tie" or a cocktail dress, strolling the decks of a Cunard ship.

But in their youth they were at a student "demo" or "sit-in" or a "ban the bomb" protest? They may have felt passionately about a cause then, that now they feel foolish for supporting (or not). But were "arrested" anyway simply for being there, and then released without charge. Were they gathered up and arrested en masse by the police looking for drugs at a pop festival? And then simply told to "go home" when "down at the station"?

Or were they innocent bystanders in the wrong place at the wrong time? Or a victim of mistaken identity, cleared up within minutes once inquiries had been made.

These people could easily be in their sixties, seventies or eighties now... I think this "catch all" rule is grossly unfair.

I can understand if convictions are involved. Different matter.

Just my thoughts on this subject :)

Happy sailings to all :)

(And no, before anyone asks, I've not been arrested for anything :D )

I'm going to get a copy of my Police Certificate (£45).

 

If that is clear then I will do ESTA, if not I will apply to the US Embassy (the Police Certificate is required for the Embassy process anyway).

Were you actually arrested and cautioned or just taken to the police station to be interviewed?

To sidetrack a little, an Englishman was getting off QM2 in Sydney and presented himself to the Australian Immigration Officer. When asked, before being allowed to enter the country, whether he had any criminal convictions; his response was that he didn't think that he still needed them to go there!

I suppose actually seeking advise from a qualified immigration lawyer rather than than uninformed though well intentioned opinions of anonymous internet forum users is out of the question?

Were you actually arrested and cautioned or just taken to the police station to be interviewed?

Yes I was arrested and interviewed at the police station under caution etc.

I was at the station for about 6 hours in total and they then took me home.

No charges and no further questioning on the matter.

Yes I was arrested and interviewed at the police station under caution etc.

 

I was at the station for about 6 hours in total and they then took me home.

 

No charges and no further questioning on the matter.

Missfrankiecat offers sage advice, it is a difficult situation that you have but I think you can resolve it best with the US Embassy. The legal advice might assist you but the Embassy will make the final decision regardless of what legal advice you have been given.

I would do it the other way round:

Show up at the embassy with your papers and explain them the situation.

 

As far as I understand, ESTA is a pretty automated process - you won't have a chance to present your point of view and once ESTA is rejected - it'll get much more difficult to get that reversed.

I would agree with this. The ESTA question requires you to answer yes or no, not a, yes I have, but.

I rang the Embassy advice line at the time. It was an unequivocal answer. Apply for a Visa

If the UK police have nothing recorded against me how can the US authorities possibly know anything different though?

If the UK police have nothing recorded against me how can the US authorities possibly know anything different though?

That is a decision only you can make. When are you travelling? Is there time for the Embassy business?