# getting into florida with recent arrest can i do it?



## brookius (Aug 10, 2005)

hi i recently got arrested at the glastonbury festival which i wrote about a month or so ago on a possession with intent to supply hanging over my head, on my return to yeoville police station i thankfully walked away with a caution for possession which was very good to hear.

the problem i have now got is that i am flying to florida in november on a family holiday, i thought that getting a caution meant i did not have to declare it on the visa waiver form i need to fill out on the plane, but according to my solicitor i am supposed to make an appointment with the u.s embassy in london to ask permission to enter the country.

the problem here is that i live at the other end of the country and cannot afford to travel to london on a trip that could go either in my favor or ban me from the states for the rest of my life. i have spoken to some freinds and family about this and some say it is very unlikely that i would have a problem getting into america as it is impossible that they can do a background check on every tourist that goes through customs and that they are really looking for terrrorists and not petty 1 time offending criminals.

i write this to see if there is any body that has recently travelled to the states in particular florida and give me an idea what i can expect at customs, ie: does everybody get grilled before entering the country, has anybody had a similar problem and got in the country with a criminal record, if they found out about the caution would i be instantly deported.(that would virtually ruin my life as mother and father inlaw are going and are not aware of any drug activity).

please let me know of any information that could ease my worried mind

thanks for taking time to read this, the feedback i had from my last post was very very usefull.


----------



## 1927 (Aug 10, 2005)

You gonna have to take a chance I think,co ya options arent great!

If you go to the embassy they may well decide to refuse you a Visa which will preclude you from the US for life!

If you fill in the Visa waiver honestly and declare that you have been arrested for a drugs offence they may well decide to refuse you entry,which will mean instant deportation and lifetime ban from US.

Take a chance and dont declare it in the hope that they wont check,which is pretty unlikely anyway,but if they do check you'll get done for lying on the waiver form and be deported and banned for life!


----------



## trashpony (Aug 10, 2005)

I was convicted of possession and fined but didn't serve a custodial sentence. I never declared it on the US visa waiver forms and it never got found out. They won't let you in if you do declare it! Customs now are fairly heavy in the US but they ask you about why you're there and how long and where you're staying. They'll take your fingerprints and scan your iris.

I've never been in via Florida but through LA and New York lots of times and have never been asked about drugs. If you're on a family holiday and you stay cool when you go through customs, you should be fine.


----------



## frogfeeler (Aug 12, 2005)

I live in Orlando, last time I went through international arrivals was last year but I went through US residents line as I have a Green card. But when I used to go through as a visitor (last time about 2 years ago) it was the standard "Are you here for Business or pleasure? Where are you staying? How long are you here for?"

If you declare your caution or basically answer yes to any of the questions on the visa waiver form (I-94 Card) they are extremely unlikely to let you in.

Make sure you know where you are going to be staying, be polite when you go through immigration, don't get pissed on the plane, and act as natural as possible there should be no problem.

They do not have some supercomputer that has every minor criminal act committed within the UK. UK and US do share intelligence but I suspect at a far higher level than should concern you.


----------



## Col_Buendia (Aug 15, 2005)

A caution isn't a criminal conviction, and your solicitor may not be correct... is he/she an expert on US immigration, or a duty solicitor who was waiting for the next tea break?

Why not have a close look at the US embassy website, try and find the details, have a look at the visa waiver form and check if they ask about "criminal convictions" or simply arrests. I went through US (only a connection) and had to fill out their bloody forms, with several arrests behind me, a bind-over, but no criminal convictions. Frankly, they didn't seem that interested (not that I told them, mind!)

Leave yr Bob Marley t-shirt behind, though.


----------



## 1927 (Aug 15, 2005)

Col_Buendia said:
			
		

> A caution isn't a criminal conviction, and your solicitor may not be correct... is he/she an expert on US immigration, or a duty solicitor who was waiting for the next tea break?
> 
> Why not have a close look at the US embassy website, try and find the details, have a look at the visa waiver form and check if they ask about "criminal convictions" or simply arrests. I went through US (only a connection) and had to fill out their bloody forms, with several arrests behind me, a bind-over, but no criminal convictions. Frankly, they didn't seem that interested (not that I told them, mind!)
> 
> Leave yr Bob Marley t-shirt behind, though.



Visa waiver form asks if you have been arrested or convicted!


----------



## gabi (Aug 15, 2005)

I wouldn't risk it if I were you.  Call the embassy.

I flew to the states recently, they now do the whole fingerprints/digitial picture thing too.  Time-consuming.


----------



## axon (Aug 15, 2005)

It might be worth calling the embassy, but don't give them your name.  Technically you are meant to apply for a visa (rather than use the visa waiver form) if you have ever been arrested.  But this is so ridiculous that it's not worth doing, US customs do not have a database of everybody that's ever been arrested around the world.  
You will get photographed and fingerprinted though, but this is routine for everybody so don't panic.
And remember to tick "no" to the "Have you ever committed genocide ?" question on the visa waiver form.  The just won't wear if if you put "yes, but it was an accident".


----------



## Asriel (Apr 4, 2006)

Apologies for bouning this back, but I'm also now in that same situation, arrested, but cautioned, what was the outcome of this - anyone know.

Seem like 50% of people say wing-it, 50% apply for a Visa and you won't get in anyway.


----------



## rubbershoes (Apr 4, 2006)

i was arrested and cautioned years ago and have never had any problems getting in to the US

telling them about it is likely to decrease your chances of getting in


----------



## zoltan (Apr 4, 2006)

here we go.

I was a very bad person in the past.I paid my dues, but never got sent down- though I could have been & would not have been ina position to claim any mistrial, but a decent judge gave me a fine instead of a custodial or a suspended sentence, knowing that the Rehabilitation of Offenders act, as it was, would let me forget about mis particular crime in a couple of years- a custodail would have meant me having to delare the conviction for much longer. that was 15 years ago.I have been pretty much clean ever since.

I have been to the USA maybe 10 times since them on the Visa Waiver & never had any bother - twice since 9/11 into JFK. I have had no bother.

I think the conditions on the entry slip ask whether you have been convicted of something with an aggregate sentence of over 2 years or something similar - so a caution isnt a problem as far as I know.

YOu will be in trouble however should you have been involved in genocide, whilst a member of the Russian Communist party & whilst in the SS at Auschwitz in 1944/5 .or combinations thereof.I think they US may be hot on serious drug offences, but a bit of silly stupidity a few years ago should not cause you any problems.


----------



## angry bob (Apr 4, 2006)

I would imagine that you'd have serious problems if you do decleare it. Does a caution imply that you admitted guilt?

The government is very strict about drug crimes. I suspect that if you went to the embassy then they'd refuse you a visa and make a note of you and you'd never be able to enter the US ever again.

I'm not sure as to the consequences of lying on your visa waiver. Chances are that they'd never find out but if they did ... I suspect that all that would happen is you'd be sent back on the next plane.


----------



## trashpony (Apr 4, 2006)

*sigh*

I've said this about ten times before. I've a conviction for possession. 

Since then, I lived in the US for nearly a year (within a year of my conviction and so before it was considered 'spent' under UK law). I've also been over annually for about the last 15 years. 

Lie.


----------



## Asriel (Apr 4, 2006)

Ok cool, thanks for everyone's reply, thinking about it, I can't imagine that everyone who has ever been arrested goes to the Embassy and gets a Visa, I just can't see it. It was 6 years ago anyway now, and I just got caught with a couple of plants in my house.


----------



## havingamare (Jun 5, 2007)

*drug conviction*

Hi hope you can advise me
posted this on another thread but to no avail
charged with possession with intent 12 years ago! (12 month probabtion)
Going on holiday in a few weeks to Florida
now paniacking cos i was told cos it was class A and with intent
i wont get in, but also told i will get in cos they got drug traffickers ect
on there hit list not silly little people like me.
Its a family holiday and dont want to wreck it for my kids by me gtting deported.
Spoke to lawyer he said its a 50/50 chance some get in some dont.( theydont know what info they have and dont have in USA)
any help would be great


----------



## bluestreak (Jun 5, 2007)

if you admit it you won't get in.  if you don't, you might.  if you've done nothing political you'll be fine.


----------



## AnnO'Neemus (Jun 6, 2007)

Mare, did you read Trashpony's post two above yours?  I recommend you do.  It will provide the answer to your question.


----------



## Johnny Canuck3 (Jun 6, 2007)

Col_Buendia said:
			
		

> A caution isn't a criminal conviction, and your solicitor may not be correct... is he/she an expert on US immigration, or a duty solicitor who was waiting for the next tea break?)



I'd listen to your solicitor over any advice you might get here.

The US is really down on drug offences. They will know about things that might not seem a big deal in the home country, like conditional discharges, etc.


----------



## hipipol (Jun 6, 2007)

Why not go to Spain instead?
The dont give a flying fuck  


Plus they dont have Howard Johnsons, Walmart, etc and most of them have arses of human size


----------



## havingamare (Jun 6, 2007)

Thanks
the lawyer dals with us visa's, but he couldnt shed any light on what information they get.
It was a possession with intent, not just possession (then i wouldnt be worried)
Thanks again everyone.


----------



## trashpony (Jun 6, 2007)

havingamare said:
			
		

> Thanks
> the lawyer dals with us visa's, but he couldnt shed any light on what information they get.
> It was a possession with intent, not just possession (then i wouldnt be worried)
> Thanks again everyone.



You will be fine if you don't fess up. Like I said up there. Do you honestly think the US have the capacity or the jurisdiction to access every teeny little conviction in any country from every tourist? 

But if you want to carry on worrying needlessly about how your conviction is much worse then anyone else's, go right ahead


----------



## havingamare (Jun 6, 2007)

thanks for that,  will just wind back the last few days when i didnt have a care in the world about the holiday and was cluelss about this.
xxxx


----------



## Johnny Canuck3 (Jun 6, 2007)

trashpony said:
			
		

> You will be fine if you don't fess up. Like I said up there. Do you honestly think the US have the capacity or the jurisdiction to access every teeny little conviction in any country from every tourist? )



I think you'd be surprised.


----------



## Bahnhof Strasse (Jun 9, 2007)

You'll be fine as long as you don't tick any yes boxes on the visa waiver form.

I went to the US a couple of weeks ago and I've got various convictions for drugs and sound system related shit and had no problems at all.


----------



## trashpony (Jun 9, 2007)

Johnny Canuck2 said:
			
		

> I think you'd be surprised.



I would be, yes. Given the number of people I know who have convictions who've lived there and travelled there on numerous occasions, they either don't bother checking or they don't have access. I suspect the latter.


----------



## phildwyer (Jun 9, 2007)

Legally speakıng you have to declare ever havıng *used* drugs, even ıf you dıdn't get caught.  My guess would be that not many people obey the letter of the law on thıs one.


----------



## Bahnhof Strasse (Jun 9, 2007)




----------



## Steve316 (Jun 9, 2007)

I know this thread has mainly been about drug possession etc, but I am basically wondering the same thing about a drink-drive conviction.  I know TECHNICALLY, I should be going to the embassy etc etc, but how likely is this to be found out about?

Also, if I answered 'no' on the landing card (as shown in the previous post), I wouldn't even be lying!  It's pretty confusing to be honest.  The embassy says one thing, but the immigration landing card says another.

I have no immediate plans to go back to the US, but am curious for future reference.

Also, does anyone know when my conviction will be considered 'spent'? I got a fine and a 12 month ban, no custodial sentence.


----------



## Bahnhof Strasse (Jun 11, 2007)

Steve316 said:
			
		

> I know this thread has mainly been about drug possession etc, but I am basically wondering the same thing about a drink-drive conviction.  I know TECHNICALLY, I should be going to the embassy etc etc, but how likely is this to be found out about?
> 
> Also, if I answered 'no' on the landing card (as shown in the previous post), I wouldn't even be lying!  It's pretty confusing to be honest.  The embassy says one thing, but the immigration landing card says another.
> 
> ...




My drink drive ban ended last September, in May I flew to the US and had no problems having answered NO to all their silly questions.

Hope this helps.


----------



## J77 (Jun 11, 2007)

Does it matter what kind of passport you have?

With the new "chipped" ones -- isn't everything on computer?


----------



## Bahnhof Strasse (Jun 11, 2007)

No the chipped ones or biometric as they call them only contain in the microchip what's contained on the page of info about you. It's just put on a microchip cos they think that will be more difficult to forge.

When you get a biometric passport they don't take your fingerprints or iris scans or owt like that.


----------



## Steve316 (Jun 12, 2007)

Bahnhof Strasse said:
			
		

> My drink drive ban ended last September, in May I flew to the US and had no problems having answered NO to all their silly questions.
> 
> Hope this helps.



Yeah it's good to know of someone in the same position, gives me some hope for the future anyway!

I am a bit of a worrier though so I would likely be in a panic until I was on my way home to the UK!


----------



## havingamare (Jul 16, 2007)

ok just got back from florida i have possession with intent charges (class A and B) and i went on wvp (green form) didnt declare nothing and had no problem
visa is a lor of crap and a money making thing


----------



## zoltan (Jul 16, 2007)

havingamare said:
			
		

> ok just got back from florida i have possession with intent charges (class A and B) and i went on wvp (green form) didnt declare nothing and had no problem
> visa is a lor of crap and a money making thing




Good man!


----------



## ifu05208 (Jul 21, 2007)

Hi there, need a bit of advice here, I was caught in possesison of a small amount of weed at the starts of NOV 06, I was not arrested or taken to the Police station however, They read somethin out in the car, and he told me to go and that i might get  a letter from them! This was nine months ago and I have not heard a word, I am travelling to USA for holiday soon with family and dont know if i have or should declare a criminal record or conviction?  I would appreciate your advice as to what i can do ?  i have never been in trouble with police and am almost certain this would be a first offence...9 months on is it liekly i will be charged or go to court?? Thanks for your help ! K


----------



## havingamare (Jul 21, 2007)

you will be fine for your holiday do not declare it just fill in your green form and tick no.
If however you have get another conviction after you have been to the states you will be caught.
Doubt you will hear anything now, and even if you do it will just be a letter stating the obvious.
Enjoy your holiday


----------



## ifu05208 (Jul 21, 2007)

cheers m8, hopefully no more convictions, but as i never heard from the police after the night, i dont even no if  i got arrested!!  am just gonna tick no and hope for the best?? u sed the obvious...whats that? cheers for ur help!!


----------



## tomjon (Jan 9, 2012)

I've found the information in this forum really helpful. I can see that most people in here believe that even with a conviction for a drugs possession charge you can get into the states without applying for a visa first.

I've heard a story about someone who did go through the expensive visa process (travel to london, hotel in london, visa application = about £600) and was told they would not be able to enter the USA. no explaination, no information on if they could reapply in a few years or not.

I don't want to end up like this person. I would rather take the chance on a cheap flight to New York and just see what happens. Does anyone know what happens exactly if you tick NO to everything on the waiver form and get found out? Do you simply get deported with no reentry ever?
Sounds like I stand more chance of doing it that way than admitting everything to the embassy in the UK and hoping they say yes.

Its now 2011, a few years after this topic was last updated by anyone so I'm thinking USA information may be more knowledgeable about people than ever before.

Thanks for your help, its comforting to know people are in the same boat as me for silly possession charges.


----------



## not-bono-ever (Jan 9, 2012)

let us be clear on this, the UK do not give access to their records to the US unless specificaly requested and agreed, and thats usually for terror type stuff.

IME choices are

1) Admit it to the Emnassy and have an 80% chance of being refused a visa and excluded from going back to the US for a decade

2) Dont admit iit to anyone and have a 90% chance of getting in. Even if you get caught, you wil be deported and excluded for a decade


----------

