When traveling to the USA what are the consequences of having been arrested but not charged with a crime?
- By
- Aparna Patel
- |
- 5 Aug, 2023
- |
Be very careful with the arrest questions on ESTA even if there was no conviction. They have your entire arrest history on the screen in front of them the moment they are taking your finger prints and I know from experience there is a good chance that you will be denied entry and returned.
I found a link for international students that addresses this very question:
If you are entering the United States, you may be stopped by the Customs and Border Protection Officer at the inspection booth if the officer sees an arrest or fingerprint record reported in the database. That officer may take you to a separate interview area. As with the visa application, it is essential that you have with you documents issued by the court that address the original charges, and the subsequent disposition of the case. A letter from the lawyer who assisted you, that explains the charges and the judgment is also helpful.
So long story short. If you check this box because you have been arrested you should have documentation that this was the case of mistaken identity or you have been released with no criminal issues pending. According to the page I linked above the consular services actually can (in some cases) perform a full background checks before considering granting you a visa.
Credit:stackoverflow.com‘
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