JessicaB

Why not get an immigration lawyer on the case who understands US immigration? Surely that would be far more useful than posting on a frequent flyer website. Not meaning to sound .....y, but US immigration are not to be messed with, she has a lot of years ahead of her and doesn't want to be barred from entering in the future. So she needs good advice, and I don't think you'll get detailed technical advice from a forum like this.

swequentflyer

The best advice is to go to the visa interview, answering questions truthfully and not giving the answers you think they want. Hopefully they will see that see that she was young and stupid.

It�s in the hands of the embassy, an immigration lawyer won�t be able to help as this is not an immigration issue but a visa issue. She�s not immigrating.

ghsbass0406

American Immigration lawyer here. This is not my offering legal advice, but she should definitely consult with counsel as to her admissibility (ability to be admitted and allowed to enter) the US. Was she just arrested, never charged, and that was it? Or did the arrest lead to a conviction of some kind? If she's been convicted of an offense, first thing that popped out to me was that she was 17 when the arrest occurred. If she was charged and convicted from that arrest, was it classified as a juvenile offense? (certain jurisdictions in the US treat certain crimes as juvenile offenses when committed at certain ages) so if that has a similar analog in the UK, then that's something to consider. Also, she should get a certified copy of whatever records exist as she'll likely need to present them at the interview, but any lawyer would want to review them before hand to see whether she's admissible. In the end, it could be nothing (she's been allowed to come to the US prior), but also it might not have been scrutinized if it was a juvenile incident.

As for getting a quicker visa interview, good luck. Unfortunately, the whole system is delayed, in some cases extraordinarily so. I'd keep your eyes peeled for other consulates that may open availability sooner, but she might not be able to get an interview in time.

roberino

As a point of reference, an acquaintance was arrested, charged and convicted for possession of 8 grams of cocaine at the age of 17. His first ESTA application was refused at the age of 24 and he had to go for an interview at the American Embassy in London. As he has had no trouble since he was granted a visa. He has had to go to interview twice to renew the visa since then. Other than having to schlepp to London every ten years it has been a simple process.

AviosTreasureHunter

How did they pull her aside the first time? The UK does not routinely share criminal record and police data with the US (like for example how Canada does).
I applied for my B1/2 this year due to travel to Iraq - Took 90 days for the appointment but the interview was professional and friendly. I think if the arrest is for something that is not serious, then it should not be too much of a problem.
She should of course make sure she prints out and brings any details of the arrest which she can get by doing an SAR to the Police Force concerned.
I wish her luck.

AlastairGordon

I�ve always thought �have you ever been arrested� (as opposed to convicted) is a horribly unfair question. Wrongful arrests regularly happen, and if no conviction ensues there should be no consequences.

ezefllying

By far the dumbest question is whether you have "ever violated"--not been convicted of, or even arrested for, but violated--"any law related to possessing, using, or distributing illegal drugs[.]"

About 30% of Europeans have, at one point or another, touched an illegal drug. 46% of Americans report using an "illicit" drug at least once. Of course, that includes marijuana. I'm not an immigration lawyer, but, as I understand the question, anyone who ever took a puff in a country that prohibits marijuana use (even if it never enforces that law, or even if the law imposes merely a civil penalty) would have to answer "yes," and would then have to spend six months and $200 awaiting a visa appointment.

The obvious outcome is that the people who get stopped as result of this question are the ones we shouldn't be stopping. Because the actual bad guys will lie, and anyone who's actually been arrested or convicted of a drug crime will either be caught by the "have you been arrested?" question or flagged by U.S. databases. So the only people who admit to touching an illegal drug, despite never getting caught, are honest individuals who really shouldn't be getting hauled in to the consulate.

Of course, ESTA doesn't ask if you get drunk as a skunk or beat your wife. Apparently, the folks who wrote the application didn't want to talk about that.

roberino

Pretty sure I was drunk as a skunk whilst applying for my ESTA.

AlastairGordon

Someone was arrested in the UK a couple of days ago because someone misidentified him as the escaped prisoner from Wandsworth Prison. He proved he was not the guy based on his fingerprints, and was quickly released, but now presumably has to answer �yes� to the �have you ever been arrested� question. Like I said, a horribly unjust question.

South London Bon Viveur

I think the US has realised this and now gives you that extra bit of wriggle room. So if someone got arrested when they were 18 for urinating in the street and being obnoxious (which is a rite of passage in this country) then they can legitimately answer no to the question, whereas if my memory serves me correctly previously they would have had to answer yes (or lie).