More details to this question:
My British son got arrested in 2012 while living in US and was sent to juvenile. An agreement was made between myself his mother and his probation officer that he should return to the UK to live with his father. He is now 18 and I would like to fly him to the US for a 2 week holiday. Will he need to declare his record on his i94? Will he be refused entry?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Your son must declare that he was arrested at the time that he applies for entry to the U. S. on his British passport (ESTA). There is a very good chance that he will be refused a visa waiver entry because of it. He may either in lieu of that or after that apply for a visiting visa at the American Embassy where he will have an opportunity to explain his situation to a consular officer. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 17th, 2014 at 4:57 PM