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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi, I wonder if I may ask for some advice?? I visited the

This answer was rated:

Hi, I wonder if I may ask for some advice??

I visited the USA last year, and have a valid ESTA. I plan to return in August, and my ESTA will still be unexpired.

A few weeks a go I was arrested on suspicion of a S39 assault. It was a totally unfounded and ludicrous claim, that has subsequently been confirmed that the Police will be taking No Further Action against. I have never ever been in trouble with the law before (I'm a 45 year old professional), and I found it distressing that they registered me, took DNA fingerprints etc.

As I understand it, a S39 assault accusation is a very minor offence, in the scheme of things, but I'm worried about my ESTA, and equally that I may be refused entry to USA upon arrival. I can register for a VISA, which takes time, and we travel in 3 months time.

From what I've read on the internet this isn't a CIMT, but I don't want to risk being refused to travel, or refused entry to the USA. May I ask for a view please??


A S. 39 assault is a common assault and unless you had evil intent or depraved motive, it is not a CIMT and therefore it would not affect your ESTA as the answer still remains no, you have not been arrested or convicted for a CIMT.

Hope this clarifies.
Customer: replied 3 years ago.

Thanks for your prompt reply, JA.


To be clear, I was arrested, but was not charged, and No Further Action will be taken. Does your advice (subject to the caveats contained within your reply and the terms & conditions of this website) still hold good?? Sorry to be pedantic, but I want to make clear that I was arrested.


Kind regards,



Yes, it still holds good.

You were arrested but not charged or convicted. Normally, you need to declare if you have been arrested or convicted for a CIMT, in your case the answer remains negative.

All the best
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Excellent. Thank you JA.