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81. Posted by leics2 (Respected Member 188 posts) 44w 1 Star this if you like it!

Sanders21

It seems odd that you were denied entry into Canada if the border patrol officers 'said they were wrong' and released you? What reasons were you given for being denied entry at that time?

Although you were not charged, it seems that you were arrested? I can't see how that can be removed from your record, because it's a fact. Even if you weren't subsequently charged that doesn't make the arrest itself 'incorrect'. I think the only way to find out for certain is to contact the Canadian authorities and ask them.

As for the UK and France, none of us know exactly what 'flags' countries may share with each other (it isn't a simple matter of what is contained within a bar code) and none of us can tell you for certain whether you will encounter any difficulties. Personally, I suspect you probably won't because you haven't actually been charged with anything, let alone gone to trial. For the UK, the fact that one has been arrested is not in itself automatically an issue:

http://hub.unlock.org.uk/knowledgebase/travelling-uk/

Unfortunately, you'll just have to wait and see.

[ Edit: Edited on 15-Apr-2017, at 01:12 by leics2 ]

82. Posted by Sanders21 (Budding Member 3 posts) 44w Star this if you like it!

Thank you for your response.

Yes, I as re-read my post, the part that I forgot to mention was that when I tried to enter Canada by car, they were suspicious that I was trying to immigrate there because my car was quite full. And not just camping gear and clothes and food, but I also had items that people on vacation do not usually take with them, such as a blender, a food dehydrator, and a large amount of crystals from my crystal collection.

That, and the fact that I told them that I was unemployed at the time, led them to bring me into their office and question me. When they told me that I could either leave right away or stay, but they would look through my car and phone and computer, I agreed, because I had nothing to hide.

They mistakenly though they found a child porn file on my computer and detained me. After they watched it, they said that it was not child porn and let me go, but they still were not convinced that I was not trying to move there. That's why they did not let me in that time. I guess when I flew it a couple of weeks ago, they saw it as less likely to be an attempted move.

I will contact the Canadian US embassy and talk to them, because it would be totally outrageously aweful and unfair to have a false arrest on my record and have it affect my world travel and who knows what else!

Thank you, and if you guys have any other thoughts, please let me know.

Sanders

83. Posted by Sanders21 (Budding Member 3 posts) 40w Star this if you like it!

UPDATE

I just returned from a trip where I flew into London Heathrow from the United States.
I had no problems getting in - I don't think they even scanned my passport, if that is possible.

I took the Eurostar Train to Paris, where they definitely scanned my passport twice - no problems.

I then flew back from Charles De Gaul in Paris to the United States. Again, no problems.

So the information that Canada has in its database for me (now 5 years old) is obviously not being shared with either Great Brittain or France. Yet.

:-)

84. Posted by Messy_ribbons (Budding Member 2 posts) 5w Star this if you like it!

Hello, I’ve spent days reading this thread and although I fear I may have missed a point I need to ask a question.

I am a British with a UK biometric passport. Myself and my husband have booked to take our children to Florida this Christmas. I filled in the Esta and it was approved.

2 weeks later my grandmother rained on my parade by pointing out that I had been arrested (some 15 years ago) for theft. Fingerprinted and interviewed - I did not commit the crime, and after being released on bail the CPS dismissed the case and everything was dropped.

I had genuinely forgotten about this as it was so long ago and I didn’t do it!
I’m now in a frenzied panic that although my Esta has been approved I will arrive in Orlando with my family have my passport and fingerprints taken and be denied entry to the USA, all because of an unjustified arrest years ago ( I answered no to the arrest resulting. In serious injury to another person or property)

Can anyone help me, offer first hand and recent experience or anything??!!

Many thanks in advance

85. Posted by leics2 (Respected Member 188 posts) 5w Star this if you like it!

Please try not to panic. Theft is certainly considered a crime of 'moral turpitude'. The ESTA question asked you if you had ever been arrested for or convicted of a crime of moral turpitude. The US embassy in the UK has this advice:

> We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, .........., attempt to travel visa free under the Visa Waiver Program.

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

I'm afraid the fact is that the first hand and/or recent experience of others simply isn't relevant to your situation. What happens when an individual tries to enter any country depends on the individual's circumstances and the border officer who deal with them on the day. The experience of others cannot give you any certainty at all about what your experience will be.

My opinion is that the chances are that nothing will happen at all, though there can be absolutely no certainty....but that is only my opinion and of no more or less value than the opinion of anyone else. If your concern makes you look unusually stressed or nervous it may well will draw officers' attention. Otherwise, you'll have your fingerprints and a photo taken (just like everyone else) and the chances are that you'll just be asked the run-of-the-mill questions: how long are you staying, what are you going to do etc etc.

Ultimately, you have a choice: just take the trip using the ESTA or apply for a US visa (you have ample time to organise this). The latter will cost more, and will include an interview. Unless you have other issues I see no reason why you would be refused a visa.....and it will set your mind at rest.

Only you can decide what to do. Good luck!

[ Edit: Edited on 14-Jan-2018, at 02:50 by leics2 ]

86. Posted by Messy_ribbons (Budding Member 2 posts) 5w Star this if you like it!

Thanks leics

The question didn’t mention moral turpitude it was “have you ever been arrested or convicted of crime that resulted in serious harm to a person or property”

However, my question was really “does anyone know what information is shared about an individual once passport and fingerprints are scanned?”

I have no reason to look suspicious on entry as I haven’t actually ever committed a crime. It seems a very unfair question to me on the Esta but that’s a whole other argument haha.

I have no problem going down the visa route but now I have been approved will the embassy think I have deliberately lied on my Esta application and will my visa be rejected by doing so? I’m so stressed about this now it seems unfair to be seemingly punished for something that I never did in the first place 😢

87. Posted by leics2 (Respected Member 188 posts) 5w Star this if you like it!

Life isn't fair, I'm afraid.

I am aware that moral turpitude is not mentioned in the ESTA question. I brought it to your attention because only 'crimes of moral turpitude' actually appear in US immigration law and people (especially on internet forums) sometimes give this as a reason not to worry about lying on an ESTA. The advice given by the US embassy in the UK, however, is not the same.

As you say, the fairness/unfairness aspect is not relevant though I will note that the meaning and use of 'arrest' and 'convicted of a criminal offence' can be different in the two countries. That is why, when ESTA was first brought in, there were so many issues with people who had been arrested and/or found guilty of minor driving offences.

> I have no reason to look suspicious on entry as I haven’t actually ever committed a crime

I did not suggest that you might look suspicious because you had committed a crime. I pointed out that your own concerns, as demonstrated by your posting on here, might make you look more nervous and thus draw additional attention.

> does anyone know what information is shared about an individual once passport and fingerprints are scanned?

No-one here, or anywhere else, can tell you for certain what information may be shared on an individual basis (remember, it's all about the individual and the individual border officers on the day). Anyone who suggests that they can is, imo, irresponsible. You can read more detail here (scroll down):

http://hub.unlock.org.uk/knowledgebase/travelling-to-the-usa-the-esta-form-and-moral-turpitude/

> now I have been approved will the embassy think I have deliberately lied on my Esta application and will my visa be rejected by doing so?

If you do decide to go for a visa just tell your interviewer what you posted here: you had genuinely forgotten about your arrest after such a long time. I very much doubt you will have any problems, unless there are other relevant issues, but it really is down to you as an individual and the officer who deals with you on the day.

As the link above says, 'Ultimately, this is a decision that only you can make.' Sorry.

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