Monday, January 7, 2008

[BDSM-LegalIssues] The US Government cares about arrest records...

Suppose you are the partner of a US citizen, and want to fly to the USA and
get married.

But suppose also you got arrested in your youth.

"No worries!", you think, "I was never charged, and anyway that was a long
time ago!".

So you fly to the USA... And discover that NO MATTER where you were arrested
(including in the USA), the fact of the arrest is sufficient grounds to deny
you entry under the Visa Waiver Program. So they throw you in a detention
cell, and put you on the next flight back to where you come from, and
nevermind what you paid for your ticket or anything else.

Yup. The Feds care about your arrest record, regardless of the disposition.

(Arrested people may apply for a paper visa, but the procedure is lengthy
and incurs costs. See e.g.
http://london.usembassy.gov/cons_new/visa/niv/add_req.html and
http://london.usembassy.gov/cons_new/visa/niv/add_crime.html. Note the
verbiage explicitly includes people who were arrested but not charged or
convicted.)

Presumably, the authority for this comes from 8 USC 1187(a)(6), which reads:

"Not a safety threat.
The alien has been determined not to represent a threat to the welfare,
health, safety, or security of the United States."

So, those who wish to impose whacky additional standards on private
companies could usefully start with changing US Law.

Malc.

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