But I'm not an axe murderer anymore

May 14, 2009 8:11 AM

I've heard that it's hard to enter the USA from the UK if you have a criminal record. I was sectioned in 2007 (for being a danger to myself, rather than the more serious condition of being a danger to others) so technically have been arrested. Will this bar me from ever going?
posted by anonymous to travel & transportation (10 comments total)

I believe you'll need to get a visa rather than rely on the waiver programme, but there's no automatic bar on entry. There's more info at http://www.usembassy.org.uk/
posted by edd at 8:23 AM on May 14

Sectioning isn't being arrested. And it's certainly not a criminal charge.

It might be a fine line for those being sectioned or those who see a section in progress, in that there are often police officers in attendance and someone being taken away, but sectioning is involuntary detention, for the safety of yourself and others.

It is one of the few times where you can be detained involuntarily by the state without a criminal charge being the motivating factor, and as such is heavily governed by the Mental Health Act 1983.

So you can happily check the box saying 'Not a criminal' or whatever the precise wording on the landing card is these days.

A good place to get more information and support on this is Mind, who you can also contact over the phone on 0845 766 0163.

One in three adults in the UK suffers from some form of mental illness in their life. That, or being sectioned because of it, does not make you a criminal.
posted by Happy Dave at 8:26 AM on May 14

The relevant question on the I-94W form (for visa waiver entrants to the US) is:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentance to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities ?"


If you can answer 'No' to this question then you should be ok.

The full list of questions on the I-94W is here.

The I-94W is now being replaced by the electronic ESTA system where you answer the questions online and they pre-approve you for entry (which can be overridden at the border when you're there in person). Make sure you print off and keep a record of your ESTA reference number, because you don't get a reminder of it by email or anything.
posted by essexjan at 8:27 AM on May 14 [1 favorite has favorites]

Oh, and all of the above applies only if you didn't actually commit a criminal offence while ill. If you did, then yes, you might have a criminal record.

If you were sectioned as a danger to yourself, and never charged with any criminal offence, then no, you don't have a record and have no reason to disclose anything on immigration forms.

If you are on any medication now, make sure you bring it with you, and make sure your travel insurance policy covers medical costs.
posted by Happy Dave at 8:31 AM on May 14

Well, I took the questioner's word on being arrested rather than otherwise detained, but yes, if what happened wasn't an arrest then you're fine for the waiver.
posted by edd at 8:50 AM on May 14

edd, even if he was arrested, that isn't an automatic bar on entry under the VWP. You only have to declare arrests for "a crime involving moral turpitude or a violation related to a controlled substance" or for "two or more offenses for which the aggregate sentence to confinement was five years or more"

An arrest and a section for being a danger to yourself doesn't fall into those categories.
posted by essexjan at 9:53 AM on May 14

8 USC 1182 (Immigration and Nationality Act) section 212: GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(1) Health-related grounds.-

(A) In general.-Any alien- ...

(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)-

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or

(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior.....
posted by Pollomacho at 10:25 AM on May 14

The key words there being 'has' and 'likely to recur'. I'm assuming the OP is not currently a danger to him/herself, and is medicating or otherwise taking preventative measures that mean they're not in a sectionable state in the future.

Bottom line, get in touch with Mind, they're reason for being is helping answer questions like this.
posted by Happy Dave at 10:40 AM on May 14

If nothing untoward appears on your criminal record, you'll be fine.

I mean, I have parking tickets and a speeding conviction on my criminal record. It hasn't stopped me getting past immigration in the US...
posted by almostwitty at 2:22 AM on May 15

The US Embassy in London website states:

Under United States visa law people who have been arrested at anytime are not eligible to travel visa free under the Visa Waiver Program(VWP)
....
Travelers to the United States who have been afflicted with a disease of public health significance, a mental disorder which is associated with a display of harmful behavior, or are a drug abuser or addict, are not eligible to travel visa free under the Visa Waiver Program.

The page does not mention it only being certain arrests that count, or that the past harmful mental afflication must be likely to recur.
posted by JonB at 11:03 AM on May 16