Following a NFA or Not Guilty has anyone managed to go to the USA?

[BitterSweet007]

Hi

I recently got a NFA from a malicious accusation. I am now thinking about going to the USA very soon but have been told I will no longer be able to use the ESTA waiver but will need to apply for a visa!

This is expensive and time consuming & I am worried that due to the nature of this false allegation I may be denied. I have no criminal convictions and have only ever been arrested for this incident. I see this thing will haunt me for some time yet!

I'm hoping that someone who has also been falsely accused has managed to get into the USA? Was they given a visa? How did the interview go etc?

I don't want to lie on the form and tick 'no' to have ever being arrested and hope for the best, because that would make me a liar like my FA!

I'm sorry if this has been covered before.

Many thanks

[Casehardened]

This has come up previously; unfortunately the only members name that comes to mind is Felix:

http://www.daftmoo.org.uk/mooforum/s...ons&highlight=

However if you use the search function you may turn something else up but I think the answer was that you need to apply for a visa.

[BitterSweet007]

Thank you CH.

I guess applying for a Visa is the only method. All I can hope for is that it gets approved.

This is unfair considering US residents in similar circumstances do not need a Visa to enter the UK. I guess everyone plays second fiddle to the US.

Anyhow I've slowly grown to accept my life will be different going forward, as soon as you are accused of a sexual offence your presumed guilty at least that's what I have experienced & so have many others. I will continue to fight every obstacle as that's all I can do.

Kind regards

[whatsgoingon?]

Hi Bittersweet, sadly (and expensively!) you will have to go through the visa system and interview, but you'd be amazed how many people do. If you haven't already got one, it's useful to have a certificate of acquittal from the CC your trial was held - your request should be in writing giving your reasons. It may also be useful to have a couple of references from people in positions of trust. I would just see it as a formality. The visa doesn't actually give you the right to enter the States, you may well have an interview with immigration on arrival. Again, if you explain the situation truthfully, you should be OK.
I can quite understand your apprehension so soon after the trail, though.

Good luck!

[smokiejo]

Hi bittersweet this is intresting as when the dc came to our house with the letter for our son to say nfa she explain that this will be on his record so if he does any crb checks it will show he has been arrested but will not show why but its up to the dc incharge of the case if they disclose why aslo she said when going abroad the forms ask if you have a criminal record which he does not does the visior state have you been arrested??? As i always thought they said to you have any convitions???

[BitterSweet007]

Hi what's going on & smokiejo

Firstly, thankfully I did not have to have a trial as I was not charged, I was given a NFA verbally after the case was sent to the CPS. I have asked for written confirmation via my solicitors though.

It may seem like I am apprehensive which I probably am, its just I still have family court to contend with and the interference of the SS, seems like I still have many battles ahead.

According to the ESTA visa waiver programme it states arrested, charged or convicted.

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude".

Any sexual offence is definitely classed as moral turpitude.

So I will have to apply for a visa to be correct but hopefully as whatsgoinon states it will just be a formality especially as I was not charged. Expensive though in comparison to $14 for a ESTA!

[whatsgoingon?]

As you weren't even charged, I really wouldn't worry about it (apart from the time and financial aspects) , it's highly unlikely your visa would be refused.

Good luck!