Hi can I get answers on Q2 how do you go about getting visa for USA
Rachel
Hi,
If I’m convinced for blue badge fraud, will I be allowed in
to the usa?
Tommy
Im getting married in new york next year and 1 of my mate was convicted of driving with no car insurance n got a ban n fine will he be able to still get an esta
dannys
Driving without insurance isn’t moral turpitude, so he can answer no to the question.
Look at it this way, you may forget to renew your insurance, that doesn’t mean you have committed a crime that is “inherently base, vile, or depraved, and contrary to the accepted rules
of morality and the duties owed between persons or to society in
general”.
The only way this could affect your travel plans is if CBP asked you, on arrival, if you have every been arrested, you lie, you then get refused entry for the lie, not the crime.
DUI is also NOT moral turpitude, and one DUI will have no effect on travel. (just thought I’d drop that in)
CBP operate a website where they have questions and answer pages, they also operate this ESTA system. If in any doubt ask them or look for there Q&A page on the website.
Have a good wedding.
Angela
Hi my husband was part of a group involved with arson ( burnt a school down), he was 14 at the time and has never been in trouble since. This was in 1986 because he was under 18 does it count as moral turpitude.
Thanks
Richard Murphy
Would a conviction for death by dangerous driving 20 years ago be considered as moral turpitude?
Thanks
lynnette
hi i was done at age 17 for common asult on school bully will this stop me getting into usa i never been in trouble since
Gayle Louise Stephen
My fiancé had a caution for possession of a small quantity of marijuana in 1994 when he was just 14 years old and has not committed any other related crime since so this will have been stepped down. He was not arrested and was not required to attend court because he accepted the caution. Would he be eligible under the visa waiver program or would he still have to apply for a visa in full?
Dean Anderson
“serious damage to property, or serious harm to another person or government authority,”
Nothing about moral turpitude any more. So its fairly straight forward Common assault is not serious, ABH and GBH are serious. Criminal damage is a different matter as you can be charged with this for a minor scuff to arson.
Dean Anderson
Nope common assault is a minor offence
Dean Anderson
Moral turpitude is not on the question. Have a read of the declaration again and I am sure you can make a better decision
Dean Anderson
That is a crime intent to deceive the Government so I would say you would have to put yes in the box and go down the visa road
Dean Anderson
Go to the USA embassy
Adam
Regarding Dean’s comments “Nothing about moral turpitude any more.” and “Moral turpitude is not on the question.”
This is misleading: the article doesn’t say it’s in the question, it says it’s in the guidance for the question – and it still is. You need to click “guidance” to see it.
Derek
Hi my son was convicted of battery in 2008 and does this count. I can’t find the answers anywhere
Hannah
Did you get an answer on this? My partner has the same conviction.
Christopher Stacey
Co-director | Unlock, for people with convictions
email: christopher.stacey@unlock.org.uk
phone: 07557 676433
Sent from my mobile
Lyne
I’m planning to see my dad in Florida next year and would like my partner to come with me but when he was in uni he was arrested and found guilty for serious assault when he grabbed a police officers arm to get him off his friend but he only paid a fine and never spent anytime in jail or had a suspended sentence or anything like that. This waswas during the riots what are the chances of him being able to come with me?
sarah
I was convicted of vandalism when i was 15, should i put yes ? and explain the situation if asked
Christopher
Can you have entry to the USA if you have been convicted of common assault by beating
James
Hi I was 15 (juvenile) and shoplifted I wasnt taken to court, no fingerprints were taken and no pictures were taken would this affect me getting an immigration visa?
Andrea Kay
My partner had a convictoion for violent disorder in 2002. There was no custodial sentence and a one year football banning order which may turn up as ‘not active’ on his police certificate. Previously to be safe we declared this as were concerned about the whole moral turpitude question but from the guidance above it appears to not require a visa. My question is if he previoisly held a visa and tries to go down the esta route would he the be barred from a tourist visa if eata is refused and if esta is granted is that it or could they cross check and refuse entry because he previously beld a tourist visa as a result of this conviction
Im assuming the visa would be granted as the charge is the same as the previous application and he has no convictions since
Andrea Kay
Asking very much the same. My partner applied and was sucessful after a conviction for violent disorder football related back in 2002. He had no custodial sentence so im terrified the fact you were turned down in 2005 for a visa means they have changed the rules. Im not sure if the esta checks previois applications and have a lot riding on getting him a visa granted.
Elliot
I think they are two different things, I was refused visa free entry, which means I have to apply each time.
My other half spoke to someone who worked at the embassy’s at the time, and he told her it is down to the immigration/consulate person you get on the day, they maybe having a bad day etc.
I would hope that they use more criteria than that
Heath
My Daughter has a charge of petty larceny from 2013 and is getting very mixed advice as to whether this is a crime of moral turpitude. It was in relation to a stolen mobile phone which in the the procession of another person (old boyfriend) but she was included in the charges.
She was 18 at the time and is wondering if she could still just apply for an ESTA or will she need to apply for a visa?
Lewis
Just to clarify a few issues. Common assault is a broad category which the CPS has given information on.Included are the offences of ‘Battery’ (where physical contact has occurred) and ‘Assault by Beating’ (which is what you will now be charged with instead of Battery). The charges sound a lot worse than than they actually are. The good news is they both are classed as Common Assault which the Americans class as ‘Simple Assault’. This is not an offence they consider to be serious and not one of moral turpitude. This is due to common and simple assault having no intent to cause harm and the maximum sentence that can be received in both cases is six months custodial. This means that by answering ‘No to question one on the ESTA application you are not lying and therefore can continue with your travels.
Tyrone
Hi, When i was 18 i made a stupid decision and decided to take some money from my place of work at the time and was taken to court got given a fine and completed all my community hours. I’m now 22 and i was wondering if id be eligible for an ESTA to travel to cali for 3 weeks?
Thanks in advance.
Tyrone Elliott
Hi, When i was 18 i made a stupid decision and decided to take some money from my place of work at the time and was taken to court got given a fine and completed all my community hours. I’m now 22 and i was wondering if id be eligible for an ESTA to travel to cali for 3 weeks?
Thanks in advance.
Tracy
My boyfriend has a dangerous driving conviction from almost 5 years ago As this isn’t mentioned within the crimes considered of moral turpitude I ticked no for the boxes on the form as I felt this was being honest but now I am second guessing myself as I have read so much online. I don’t know what to do for the best as we don’t have time to apply for a full visa and stand to lose a lot of money if we have to cancel. Help?!
Chiara
I was arrested for drink driving a year ago, had a 12 month driving ban but no points. Can I tick no to the first question?
Kerry Russell
hi I was convicted in 2010 for kicking my ex partners car in an argument just after he had left me I was convicted of criminal damage and received a £300 fine and costs can I safely say hat I have not committed a crime that resulted in serious damage on the esta application or do i need to apply for a visa please help
thank you
kerry
garry
My daughter (then 15) told her former friend that she wanted her dead after her friend had gone behind my daughters back, and been with her ex-boyfriend. My daugther got convicted for something I would translate as “illegal threats”, and has to do a few hours of community service. Will she still be able to travel to the USA with an ESTA?
lydia
Just wanted to share my experience with all of you.
Our family of six are planning a trip to Florida. My husband has a criminal record of which we believed is a CIMT. LOTS OF PEOPLE WE KNOW SAID OH DONT WORRY JUST SAY NO on the ESTA. Some of these people have criminal records one has even done time on three separate occasions (one for assault on a Police Officer!) but they all got their ESTA’s and have been and returned a few of them several times.
We thought that we would be truthful because we didn’t want to take the chance of being caught out and applied for a VISA (at great expense including the police certificate, travel etc). This criminal record I am talking about is 45 years ago, he got involved with a couple of no hopers, and absolutely nothing since, he got a suspended sentence (ie no prison sentence), two days ago he was DENIED a visa at the Embassy in London and now our travel plans are cancelled. He’s a pensioner for gods sake, a good man who’s been employed by the same company for 37 years and an absolute threat to no-one. It’s madness.
Just because it says you must apply for a visa doesn’t mean you will get one.
Debbie - Unlock
Hi Lydia
It’s such a shame to hear of your experience, especially as the conviction was such a long time ago. It must feel as though you’re being unfairly penalised for being truthful. Have you been given the opportunity to appeal the decision?
Hi
I am arranging for a family to visit the usa and one of the members was tagged by the police when he was younger for vehicle theft but wasn’t sent to prison. Can he get an ESTA
Adem Aydin
I was charged with Assault by Beating, but also: Use threatening/ abusive / Insulting Words/behaviour with intent to cause fear of/ provoke unlawful violence. Do you think this would be considered moral turpitude?
avril westmoore
i was arrested for receiving stolen property 46 years ago i understand this means moral turpitude and i will never be able to go on this holiday to usa that i have booked with other members of my family is this right
Peggy
HI there. Did you get any further with this? I am in the same position but it was in late 2013. I have just been asked to go to the US in June and would love to go but am now wondering what the quickest and cheapest way to do this is? Any advice you have received that has been helpful would be really good to hear. Thanks
Paul C77
I do not think there is a cheap way at all. So far my expenditure has doubled with changing of tickets, Embassy visits with hotel to stay at overnight, just booking the Embassy itself was £131. This is the most expensive, log winded and stressful 12 holiday of my life, and after all this, I still can be sent home on arrival at any of the airports at an time. It would be helpful if there was a clear system in place of what to do as at the moment it’s just various companies online guessing what they think we have to do, usually followed by various broken links that do not work. Not helpful to anyone and just causes further stress and a lot of confusion. A lot of the info online for nearly all sites on this subject needs updating too.
Perry George Crutch
Iv been arested and charged for posesion with intent to supply canabis fifteen years ago when i was uounger can i travel to usa with this conviction
Mary
Hi did you happen to get any more information about this? I am in the exact position as you hoping to travel a in September.
Thanks
Mary Smith
Hi I’m in a very similar situation( convicted of dishonest representation) but my conviction was in late 2013. I’ve never had any other contact with the law and was only given 150hrs Community Service and a £60 fine. I’m hoping to travel to the US in September but really unsure and to which route to take reading the information above it would suggest that I can tick no to all questions and therefore I should be fine however I just want to be sure.
Thanks
Mary Smith
Hi Paul, would really appreciate an update about your experience as my situation is so similar. Thanks
lydia
My husband had a CIMT and went the Embassy route, his crime was also 45 years ago and he was flatly refused his visa on the spot, they have however put him forward for a waiver of ineligibility and that was over four months ago, they told him it would take up to six months.
Mary Smith
Hi, you seem to have some insight as to how this process actually works so would appreciate any guidance you can offer please?
Hi I’m in a very similar situation( convicted of dishonest representation) but my conviction was in late 2013. It was not involving Gorvenment , I can best describe it as receiving excessive refunds for items in a store.I’ve never had any other contact with the law and was only given 150hrs Community Service and a £60 fine. I’m hoping to travel to the US in September but really unsure and to which route to take reading the information above it would suggest that I can tick no to all questions and therefore I should be fine however I just want to be sure.
Thanks
NapoPeb
Indeed. Your husband’s conviction was obviously for a CIMT, which means a waiver is required from the Dept of State. It can take over 6 months unfortunately in some cases. Patience is definitely a virtue when it comes to waiting for a waiver to be approved.
NapoPeb
Yes. Drink Driving is not a CIMT.
NapoPeb
Dishonest representation is a fraud category offence (hence a CIMT), so you are not eligible to use the visa waiver programme.
Do _not_ attempt to travel using the VWP by not disclosing this CIMT offence when answering the ESTA question. You will simply make the case worse for yourself.
You will need to apply for a B1/B2 visa at the US Embassy. I would put on hold any travel plans for September until you have your visa in your passport.
NapoPeb
Stalking is not a CIMT. You do not need a B1/B2 to travel to the US. You can simply use the visa waiver programme.
NapoPeb
Yes, as it involved serious injury (ie, death) to a person.
Mary Smith
Thank you for coming back to me. What is the difference between the B1/B2 Visa and the Waiver of Criminal Inadmissiblity?
John Charles Abel
Is driving without a licence cimt?
NapoPeb
One is a visa, the other is a waiver to allow you to obtain said visa.
Jay connor
Can you gain entry into the US if you’re bailed and awaiting trial for sexual assault?
Denby
Hi. I would like help. I have arrests on my record for shoplifting/theft but which I was cautioned for as it was only peer pressure. I have been @rrested for drunken and disorderly behaviour which I was fined for and last of all, I have a conviction for arson which was purely accidental because I was drunk, but I still had to serve time for it. I know thats a moral turpitude crime, but as it was not malicious or intended would I get a visa or not?
Nick
Hi, I have a conviction from 1999 for theft of a games console and attempted theft of a pair of jeans using a fake credit card ( I was 18 at the time).. is this a serious crime under esta? I have a clean record since that.
Jamie Grimes
Hi I have a conviction for Section 39 assault. I was unconscious due to taking sleeping tablets which I was prescribed to help with stress. My girlfriend found me on the floor at the side of the bed and whilst she was shaking me to rouse me i hit at at her ankle. She phoned 999 for help and asked for the Police (in hindsight she should have asked for an Ambuance). Although she did not press charges and spoke in my defence the CPS did prosecute and I was advised to plead guilty as due to the medication I do not remember anything of the incident and therefore could not offer a legal defence in court. I have all the statements which confirm the above to be correct, my problem was that I could not remember the incident (and still can’t). I am looking to travel to Dallas for work every other week for the next three months. I will apply for a visa – should I anticipate problems ?
My girlfriend and her family will additionally support my application
Rina
Hi, I am a citizen of Bangladesh. I did my bachelor in UK from 2009-2012. In 2010 when I was 18 years old I was caught for shop lifting. The police gave me a caution letter. I didn’t have to go to the court. I was kept in jail for 2/3 hours after getting caught. I only had to pay fine.
I left U.K. in 2012 October, with no other bad records. In 2013 I applied for tourist visa to U.K. to attend award ceremony of my internship my visa was denied stating I provided false information. I remember when I applied for visa extension in 2011, my university visa consultant suggested me to say I dong have any criminal conviction and I received my extension that time. In 2013 I did the same but I didn’t only get denied visa, I also got banned for 10 years. I was really shocked.
I live in Germany now doing my PhD and I’ll have to go to USA this year to attend a conference. Now I’m really scared to apply for the visa. Do I answer NO for question 1? Can they check my biometric of U.K. ?
Ann
My daughters getting married in Florida in December her future father in law was convicted of fighting 27 years ago. he recently had a CRB check as him and his wife foster all clear would he get in to USA on esta or would he have to apply for vis
Gail cartmell
is aggravated burglary classed as a moral turpitude my husband got one from years ago and im panicking because we are going in jan 2018 and im just sorting out our visa, any help would be great thanks
NapoPeb
Consular officers already have significant discretion. The definition of a CIMT is deliberately kept loose to enable CO’s to use their appropriate judgement.
If a CO is unable to use their interpretation (ie the offence is overwhelmingly clearly a CIMT) then they are further empowered to recommend a waiver. The petty offence waiver is also available to empower them remember.
It sounds like your husband just needed some patience; the US approved his visit in the end I presume?
What I always like to highlight is how forgiving the US is compared to other countries. The UK and Canada for example are far more strict than the US, yet we never feel this as we are British citizens (I’m also an American citizen fwiw).
Steve
Hi there,
I Was caught with possession of ecstasy nearly 10 years ago now and was subsequently given a fine after a court appearance. I am planning on travelling to Florida next year at some point…will I be allowed to travel? Any info down be great as I am panicking a bit about it. Thanks
Cchi
Hi
I’ve been arrested for vandalism, assault and threatening snd abusive behaviour , I have been completely discharged from all , that was over 2 years ago , my disclosure I needed for my work came clear 2 years on a row too… do I need to declare any of these when applying for USA travel visa? (I am an EU national living in U.K. )
THAnks
Lucy
I was charged with gbh for head butting some one does this count as moral turpitude. Will I not be able to get an esta?
Demii
Hi, I’m looking to travel to the USA but my partner was involved in a fight 7 years ago, he was let off with a fine. Does he need to apply for an ESTA or a Visa?
Mayaats
My husband got a suspended sentence for “assault on a police officer” over 10 years ago. Which in fact was that he was arrested after a non violent domestic argument (between us when we were going through a really bad patch) and he was under the influence of alcohol (there were no charges pressed for this). He stupidly spat at the woman police officer who arrested him (which actually missed her and for which he feels great remorse) but she took it further and prosecuted him. He has never had any other convictions before or after. He has a sister in USA who can’t fly as she has developed a phobia of flying so the only way to see her is if he can go there. What is the likelihood that he would let in and would he need to apply for a visa?
Claudine Asiata-Fa'avesi
I got a job working for disney world but i have my visa appointment on thursday and really scared because i have had license suspension in the past and breach of community work does this affect me applying for us visa at all?
Curious
Hi,
I was arrested for T.W.O.C. and assault over 10 years ago but the charges were dropped and I was convicted by the police of driving without insurance as I didn’t have a driving license and D.U.I. which resulted in a 12 month ban (when I do get my license), a £100 for no insurance and a £100 fine for the D.U.I. I also tested positive for Cocaine in the police station but the only charges I received were for the driving offences. Do I need to declare any of this on the ESTA?
Thank you
Billy
Hi,
I was arrested for T.W.O.C. and assault over 10 years ago but the charges were dropped and I was convicted by the police of driving without insurance and D.U.I. as I admited to taking my step fathers car to give my friend a lift home. This resulted in a 12 month ban (when I do get my license as I don’t have one now nor did I then), a £100 fine for no insurance and a £100 fine for the D.U.I. I also tested positive for Cocaine in the police station but the only convictions I received were for the driving offences. Now I had a C.R.B. check for a past job and all of that information did show up on it. It looks like the initial arrest would constitute CIMT. Do I actually need to declare any of this on the ESTA? I mean if the arrest counts then isn’t that a system that is clearly open for abuse as anybody could be falsely accused, therefore arrested and then have that on their record which they have to declare?
Thank you
Jamie Denison
I have convictions of abh x3, possession of an offensive weapon x4, making threats to kill x3, robbery x2, aggravated tda, possession of bladed actical, affray x2, common assault, possession of class a drug cocaine x3, nfa arrests for attempted murder, nfa arrest for gbh section 18, nfa arrest for possession of an axe, juvenile conviction for drink driving, threatening behaviour, trespass, criminal damage, 2 prison sentences the latter 4 years recalled served whole sentence. Classed as a mappa 2 danger to the public. 2 years suspended sentence. I have not been in trouble for 4 years. Could I still get into America now or in the future.
Sari Huckridge
Hi can you please help ? My partner had a section 18 at 16 he’s now 34 he’s had a few incidents since one was assaulting a police officer and there was a offensive weapon charge for carrying a mallet in the car.
Chiara Fogli
My boyfriend was arrested for being drunk in public (Public Intoxication (under 21 years old in 2010) could we answer NO to the question number 1 and be ok even if he spent the night in jail and after he paid a fine? They took fingersprint there. Thanks
Paul
Ive actually spoken to the ladies ex boyfriend and he has admited his sister who works for homeland security assited him in making my travel impossible, from my understanding he tried to do this ssveral weeks before i flew out but i guess it either took time or he assumed after his threat of him owning a gun i wouldn’t fly .
My past is 3 drink drivings a resiting arrest and being carried in stolen vehicle .
If i have to go for a proper visa im assuming i will be turned down but the wording of the waiver question does make me eligible.
Its a great shame as i would love to return to see her again and as often as possible
Paul
I was told by a friend who works for British customs that even if i do get another waiver as i was previously refused one i would almost certainly be stopped by customs in America and questioned then turned back ?
tezik
I got a arrested , for damaging a car, and have a few cautions, but I have never been to court, does this matter
James
I have a caution for possession of a class a drug 4 years ago. Will I get straight denied from the Visa process as well as the ESTA?
Dannii
Hi, my partner was arrested when he was 15/16years of age (15 years ago) for possession of cannibis and theft of a motorcycle. He has had no further convictions since, he went to juvenile court and paid a fine and community service o think. We have a family holiday booked to Florida in June 2018 can he apply for an esta based on juvenile delinquency or does he need to apply for full visa? Thanks for your help
Christa Milleville
I have a relative in the UK who has a Criminal Damage conviction/discharge & and Theft conviction/discharge from over 30 years ago. There was no sentence, nor jail time, just fines. Would this affect him entering the US for visiting family and/or getting an ESTA?
Kerry Russell
can i ask if and when questioned at customs do i say that i have conviction or will they ask if i have a conviction for serious damage which i can say no, sorry but never flown to the states before and really dont know what to expect on arrival – thanks kerry
NapoPeb
Yes. Theft is a CIMT. They will need to apply for a B1/B2.
NapoPeb
You should NOT have booked a holiday before your partner has either a US visa or an approved ESTA application. That was silly, and you could run the risk of having to cancel it if you can’t acquire either of the above in time.
If this was just one of the offences, he would qualify for the petty exemption waiver as he was under 18 years old. As he has two CIMTs before the age of 18 (that’s some going..) he’s not eligible to use the VWP.
So, personally, I would apply for the ESTA, answer the questions truthfully, then if you’re refused, apply for the B1/B2.
NapoPeb
ESTA – yes.
The visa – no, but you may need a waiver for the CO to issue your visa.
Elliot
Hi NapoPeb, you are very knowledgeable on these matters, do you work for the embasssy?
Your responses have been amazing and must have helped hundreds of people.
Anyway, as I have the 2 previous CIMT, (2004 & 2009) is the B1/B2 route my best option, and what timelines would be involved?
Many Thanks
NapoPeb
Answer the ESTA questions truthfully. Being drunk in public isn’t a CIMT, so he is eligible to enter the US. I would check ‘no’ to question 1.
NapoPeb
What is your question?
NapoPeb
Your friend should stick to enforcing UKBA policy, not US, as they clearly have no idea what they are talking about. If the local consulate has seen fit to issue you a visa (after obtaining a waiver) then whilst it isn’t uncommon for CBP (not ‘customs’; they are concerned with smuggling, not immigration) to send a traveller at inspection to secondary, being denied is actually very rare.
The trick is to always tell the truth to questions asked at the consulate, allowing them to make the best possible judgement.
NapoPeb
Yes, you must declare everything as requested.
NapoPeb
What was the exact charge he was convicted for?
NapoPeb
Hi Elliot,
Immigration is just a sideline for me since I became an immigrant many years ago, but I’ve been active on immigration forums many years ago, so if I can help with my knowledge to those that need it I am happy to.
To your questions….
The B1/B2 is absolutely your best (and, indeed, only) route as despite the ESTA application now asking very vague questions, CIMT offences do require a visa. If you are based in the UK, which I presume you are, start by requesting a copy of your ACRO certificate via https://www.acro.police.uk/police_certificates.aspx then apply for a B1/B2 visa on the US Embassy London website.
If you don’t require a waiver (without knowing what the CIMT convictions are, I can’t comment) then you should have your visa within 30 days (usually). If you require a waiver, it can be an indefinite period of waiting unfortunately. Though in my experience most waivers requested by COs are approved by the State Dept within a year.
Good luck!
Kane
I went to court for stealing when I was 18 and pleaded guilty and received no conviction.
Do I need to apply for a visa or can I go on the esta?
EnglishAR
Hi there,
I was arrested for drunk and disorderly a couple of years ago. I was given a fine with a 6 months conditional discharge, meaning it is well and truly spent. How should I proceed with travelling to America? Would I need to say I’ve never been arrested to an immigration officer?
Thank you in advance!
Ezzie
I may be cautioned or convicted of taking £150 from an employer. What should I do?
Ybee
Hi I really need some advice.
I was arrested for drive drinking in feb 2017 in Japan.
I will be convicted for this with suspended sentence. I’ve never had been arrested and convicted for any before.
And this drive driving didn’t hurt any people.
CBP says a single dui is not ground to deny entering the us with esta.
But I’m concerned going to us with suspended sentence which sounds like I did something felony.
And if I try to apply for B1/B2 visa during suspended sentence, visa will be denied accoring to the info on the internet.
But I need to go to us for business trip whithin a year.
What should I do?
Elliot
Hi
Many thanks for your reply.
Yes, UK based, convictions were both football match related,
conspiracy to commit violent disorder (organised a fight between rival fans) 2004
Threatening behaviour (threw an object (coin) at a rival supporter) 2009
As stated in my first post, completely changed my ways, volunteer at a veterans charity, can produce letters of support from local dignitaries and officials, would they be useful to take to the embassy as support for my visa application?
Once again, huge gratitude for all your advice.
NapoPeb
The conspiracy conviction (a CIMT) is a serious one (conspiracy is often thrown in to increase the seriousness of the charge) for which I strongly suspect you will require a waiver from the State dept.
However, both of those convictions are past the 5 year window now, and you have had consistently good behaviour since your last conviction so you should be recommended for the waiver. It will take time to come so please don’t book any travel until you have your visa in your passport.
Make sure to request a current ACRO certificate (you will need that). That’s the most important thing, as well as evidence to support ties to the UK (I.e., you will return once your vacation is complete). The letters can’t do any harm, but in reality the CO (Consular officer) will judge your application based solely on the conviction evidence presented and your answers to their questions concerning it.
Make sure you have good answers for when you are asked about the convictions. Role playing with a family member often helps believe it or not as you only get one chance to put your side of the story. Make it a positive reply that helps the CO either approve your application or recommend a waiver (you’ll get a 221g slip).
Good luck!
Lucie
Hi, I got a reprimand for a minor offence as a child. I understand that offences committed by a minor are exempt. Does this mean I can still apply for a ESTA? If so, does it mean that I answer ‘no’ to question about moral turpitude, as I was deemed too young for this to apply? Or do I answer yes and provide further details? Thanks so much for your help.
Mephed Sounds
Hi, My boy friend is planning to travel to the united states for a couple of weeks but was convicted for affray when he was 19 and was given a 6 month sentence. I am aware that Affray is supposedly not a CIMT but if someone was hurt during the incident that lead to the arrest but not hurt by him but another person who was convicted with him. would that contradict the “serious harm to another person” part of the ESTA question despite not being a CIMT, should he tick not to the question?
milansims
On December 6th, I was convicted of 1. travel on railway without paying fare and 2. use altered ticket with intent to defraud. Will I not be able to get an ESTA? Thanks
Perce
I shall probably have a conviction for harassment(non violent) next Tues. I’m due to fly to Atlanta a wk later on a two wk organised holiday. I hold a valid esta granted before the incident. How do stand for entry to the US?
David
HI there are several people who have asked questions about being convicted for TWOC. The answer given is TWOC is theft and theft is a CIMT. Theft requires an element of an intention permanently deprive the owner, which TWOC doesn’t have. Joy ridding is listed as being a None CIMT. Therefore the question that need answering is TWOC a CIMT or Not ?
Gayle Louise Stephen
We plan to travel to San Diego for our honeymoon next summer but there is a bit of a snag. My husband-to-be was given a caution for possession of a small amount of cannabis in 1994 when he was 14 years old. Is this classed as a misdemeanor or a violation under US law. I have read about people who have not disclosed this issue on an ESTA and have been allowed through the borders. This is the only offence that he has committed.
Although he claims he had handcuffs put on and placed in a holding cell, he repeatedly can’t remember having his Miranda rights read to him. The offence did not result in him having to make any form of court appearance so therefore he has no criminal conviction.
He was told when he was initially given the caution that it would be deleted from his record after 5 years but I have since read that this is, in fact, NOT the case so was he lied to by the police at that time?
I have a clean record as do my two children.
The last time I visited the USA was in August 1996 so it will be the 1st time we will be filling out ESTA applications. Although it does say apply a minimum of 72 hours before travel, is it advisable to fill them out much earlier. However, I’m worried that if we do, the ESTA would become invalidated when we come to use them.
Any advice would be greatly appreciated. Thanks in advance everyone
Gary
16 years ago I was drunk and disorderly. 14 years ago I arrested and questioned but released with no further action. As a result of this I answered YES on my ESTA and it’s been refused. With these offences should I have answered NO?
Stacey
Can you travel with an esta if convicted of common assult 5 years ago
vstony10 .
I had a driving insurance issue in 2013, drive my husband’s car and got into a minor accident , he made an insurance claim as the driver . the case went to court and was convicted for fraud by misrepresentation . unfortunately the case always accidentally sent to crown court as we were given the wrong charge initially . eventually on day of sentencing court decided it was misrepresentation and gave us both fines and 50hours community service . However we have both been declined US visas and waivers 4 times since then . That was our only and first offence . initially i was told by the consular officer that even though it under the petty offence as there was no prison sentence , because the case was dealt with in crown court and seen as only serious offence are dealt with in crown court .it why they were declining . I explained the courts error and was asked to get a letter from the courts emailed it to the embassy and reapply. i got the letter and did just that. but seems my visa and waivers are automatically declined even without checking all the updated information . I was then informed by the consular officer at my last interview in 2016 that if the waiver is declined again it might be declined if they feel that not enough time as passed since the offence . it been 5 years since the offence and 4 years since the conviction date . Is it worth me applying again this year .
Elliot
Hi NapoPeb, just a quick update.
I had my interview at the London embassy early December, thankfully the CO recommended me for the waiver scheme, and actually made some positive comments after our discussion, ie, he thanked me for my openness and general honesty with answers etc.
However, quite rightly he explained it could still come back as a no from DC, and even if it were a yes it can take 4-6 months, and unlikely to be in time for me to join my family in early April, hey ho, I’m in this position because of me, so no complaints.
I do have one other question you may know the answer to?
The visa waiver I applied for was to allow for travel to Florida early April.
As that is still undecided and time dependant, IF they did grant the waiver, but as likely, after April, can that visa but used for any other travel to the USA within the visas lifespan, or is it indelibly linked to the original application and travel plans?
Thanks again for all your advice
NapoPeb
Firstly, ‘Customs’ don’t care about your admissibility. They care about what goods you are bringing into the country. You are referring to a primary inspection.
I would answer the question as it is asked. Don’t try and second guess the question or over complicate this.
“Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”
Did you cause serious damage? Kicking a car doesn’t sound like ‘serious damage’ to me. I would say no.
David roge
Hi,
Is using abusive, threatening or insulting words or behaviour with the intent to cause harrasment alarm or distress a CMT.
This is section 4(a) UK law.
Thanks
Rob
I had a minor fight aged 14 and got a reprimand for assult occasioning actual bodily harm – I assume this is not CIMT?
ben
How did this go?
ben
Anyone have any answers on this?
FJay
Hi NapoPeb, hopefully you still get notification from this thread. I’ll try my luck even though it’s been ages anyone has posted here.Your knowledge on this topic is about the best I’ve come across any where.I am a 3rd country national and have a drug trafficking conviction, fairly recent. I received an 18months sentence and I have since completed my sentence and probation since June 2010 (a little over 7 years ago) That is my only conviction, though I was arrested for a totally unrelated matter in 2011 but there was no further action on that, I have since gone on to receive Indefinite Leave to Remain in the United Kingdom. My question is I’m I eligible of a Waiver for a B1/B2 visa ? giving the serious nature of my offence ?
Justin
Hello! I was convicted two years ago in a Scottish court of having indecent images of children, these were sent to me on a dating app. I plead guilty and was given an 18 month community order. I’ve had no involvement with the police since and no other convictions. I’m NOT a registered sex offender. Will I be eligible under the ESTA system? And if not what is the likelihood of the embassy approving me? Thank you.
Stuart Mackenzie
I was arrested and charge with serious assault about 22 yrs ago but was found not guilty in court do I need to say that on the esta
NapoPeb
Yes, it can, as long as it’s not a one time use visa. I would expect you to receive a 10 yr B1/B2 visa if approved, however.
NapoPeb
Yes.
NapoPeb
Drink driving is not a CIMT. You don’t need a visa. Simply use the visa waiver programme.
NapoPeb
Read the questions you are asked, and answer truthfully.
NapoPeb
No. Your offense is a crime involving moral turpitude. You will never be eligible to use the VWP.
NapoPeb
Correct. You qualify for the petty exemption waiver anyway.
NapoPeb
Absolutely not.
NapoPeb
You should have answered no.
NapoPeb
TWOC is absolutely a CIMT as it involves the action of theft. Whoever gave you their opinion regarding TWOC as it relates to the theft element is not fit to providr serious commentary.
David
Hi there me and partnerare planning on going to Florida next year. I was convicted of Breach of the peace around 9 years ago. The conviction was spent 4 years ago? Will i need a Visa or will the Visa Waiver Program suffice?
David Roge
So a section 4(a) is not a CIMT and answering no on the etsa is perfectly acceptable? Thanks
David Roge
This was also an arrest and then give a caution. Not a conviction
Dawn
I was convicted of drink driving in January 2018, had a 23 month ban but no points. I won’t be driving when I go to the USA in August. Can I travel on an ESTA?
Dawn
Hi, I was convicted of drink driving in January 2018 given a 23 month ban but no points, can I travel on an ESTA?
NapoPeb
Yes. Drink driving is not a CIMT. Further, you’re perfectly able to drive in the US on your UK DL as it’s still valid. You’re just banned from driving using it in the UK (only).
Dave Roge
Thank you so much, this has really put my mind at ease and selecting no for this question.
Does the fact the word intent used make any difference in this scenario?
James
Hi,
How do you interpret the esta question with regards to the one around arrest and conviction. Do you read it as :
1. Have you ever been arrested for a cimt or convicted for a cimt
2. Have you ever been arrested(regardless of it being cimt) or convicted of a cimt
Thanks
Ben matchum
Hey, I have seen this has been asked already but abit confused with the answer. Is section 4(a) UK law a cimt because the word intent is used within the definition ?
Thanks
wayne
i was arrested in 2009 and relised in 2012 for my first ever offence of gbh in self defence with mitigating circumstances i got 10 years epp extended public protection my probation officer has classed me as low risk as i finish my probation this next year would i be able to go to America in September next year for a holiday for 30 days
Ben
I think this will probably fall under serious harm to another person.
James
Just because the word intent is used doesn’t mean it’s a cimt in my eyes. Maybe someone else may know more.
Hi can I get answers on Q2 how do you go about getting visa for USA
Hi,
If I’m convinced for blue badge fraud, will I be allowed in
to the usa?
Im getting married in new york next year and 1 of my mate was convicted of driving with no car insurance n got a ban n fine will he be able to still get an esta
Driving without insurance isn’t moral turpitude, so he can answer no to the question.
Look at it this way, you may forget to renew your insurance, that doesn’t mean you have committed a crime that is “inherently base, vile, or depraved, and contrary to the accepted rules
of morality and the duties owed between persons or to society in
general”.
The only way this could affect your travel plans is if CBP asked you, on arrival, if you have every been arrested, you lie, you then get refused entry for the lie, not the crime.
DUI is also NOT moral turpitude, and one DUI will have no effect on travel. (just thought I’d drop that in)
CBP operate a website where they have questions and answer pages, they also operate this ESTA system. If in any doubt ask them or look for there Q&A page on the website.
Have a good wedding.
Hi my husband was part of a group involved with arson ( burnt a school down), he was 14 at the time and has never been in trouble since. This was in 1986 because he was under 18 does it count as moral turpitude.
Thanks
Would a conviction for death by dangerous driving 20 years ago be considered as moral turpitude?
Thanks
hi i was done at age 17 for common asult on school bully will this stop me getting into usa i never been in trouble since
My fiancé had a caution for possession of a small quantity of marijuana in 1994 when he was just 14 years old and has not committed any other related crime since so this will have been stepped down. He was not arrested and was not required to attend court because he accepted the caution. Would he be eligible under the visa waiver program or would he still have to apply for a visa in full?
“serious damage to property, or serious harm to another person or government authority,”
Nothing about moral turpitude any more. So its fairly straight forward Common assault is not serious, ABH and GBH are serious. Criminal damage is a different matter as you can be charged with this for a minor scuff to arson.
Nope common assault is a minor offence
Moral turpitude is not on the question. Have a read of the declaration again and I am sure you can make a better decision
That is a crime intent to deceive the Government so I would say you would have to put yes in the box and go down the visa road
Go to the USA embassy
Regarding Dean’s comments “Nothing about moral turpitude any more.” and “Moral turpitude is not on the question.”
This is misleading: the article doesn’t say it’s in the question, it says it’s in the guidance for the question – and it still is. You need to click “guidance” to see it.
Hi my son was convicted of battery in 2008 and does this count. I can’t find the answers anywhere
Did you get an answer on this? My partner has the same conviction.
Aoprove
Christopher Stacey
Co-director | Unlock, for people with convictions
email: christopher.stacey@unlock.org.uk
phone: 07557 676433
Sent from my mobile
I’m planning to see my dad in Florida next year and would like my partner to come with me but when he was in uni he was arrested and found guilty for serious assault when he grabbed a police officers arm to get him off his friend but he only paid a fine and never spent anytime in jail or had a suspended sentence or anything like that. This waswas during the riots what are the chances of him being able to come with me?
I was convicted of vandalism when i was 15, should i put yes ? and explain the situation if asked
Can you have entry to the USA if you have been convicted of common assault by beating
Hi I was 15 (juvenile) and shoplifted I wasnt taken to court, no fingerprints were taken and no pictures were taken would this affect me getting an immigration visa?
My partner had a convictoion for violent disorder in 2002. There was no custodial sentence and a one year football banning order which may turn up as ‘not active’ on his police certificate. Previously to be safe we declared this as were concerned about the whole moral turpitude question but from the guidance above it appears to not require a visa. My question is if he previoisly held a visa and tries to go down the esta route would he the be barred from a tourist visa if eata is refused and if esta is granted is that it or could they cross check and refuse entry because he previously beld a tourist visa as a result of this conviction
Im assuming the visa would be granted as the charge is the same as the previous application and he has no convictions since
Asking very much the same. My partner applied and was sucessful after a conviction for violent disorder football related back in 2002. He had no custodial sentence so im terrified the fact you were turned down in 2005 for a visa means they have changed the rules. Im not sure if the esta checks previois applications and have a lot riding on getting him a visa granted.
I think they are two different things, I was refused visa free entry, which means I have to apply each time.
My other half spoke to someone who worked at the embassy’s at the time, and he told her it is down to the immigration/consulate person you get on the day, they maybe having a bad day etc.
I would hope that they use more criteria than that
My Daughter has a charge of petty larceny from 2013 and is getting very mixed advice as to whether this is a crime of moral turpitude. It was in relation to a stolen mobile phone which in the the procession of another person (old boyfriend) but she was included in the charges.
She was 18 at the time and is wondering if she could still just apply for an ESTA or will she need to apply for a visa?
Just to clarify a few issues. Common assault is a broad category which the CPS has given information on.Included are the offences of ‘Battery’ (where physical contact has occurred) and ‘Assault by Beating’ (which is what you will now be charged with instead of Battery). The charges sound a lot worse than than they actually are. The good news is they both are classed as Common Assault which the Americans class as ‘Simple Assault’. This is not an offence they consider to be serious and not one of moral turpitude. This is due to common and simple assault having no intent to cause harm and the maximum sentence that can be received in both cases is six months custodial. This means that by answering ‘No to question one on the ESTA application you are not lying and therefore can continue with your travels.
Hi, When i was 18 i made a stupid decision and decided to take some money from my place of work at the time and was taken to court got given a fine and completed all my community hours. I’m now 22 and i was wondering if id be eligible for an ESTA to travel to cali for 3 weeks?
Thanks in advance.
Hi, When i was 18 i made a stupid decision and decided to take some money from my place of work at the time and was taken to court got given a fine and completed all my community hours. I’m now 22 and i was wondering if id be eligible for an ESTA to travel to cali for 3 weeks?
Thanks in advance.
My boyfriend has a dangerous driving conviction from almost 5 years ago As this isn’t mentioned within the crimes considered of moral turpitude I ticked no for the boxes on the form as I felt this was being honest but now I am second guessing myself as I have read so much online. I don’t know what to do for the best as we don’t have time to apply for a full visa and stand to lose a lot of money if we have to cancel. Help?!
I was arrested for drink driving a year ago, had a 12 month driving ban but no points. Can I tick no to the first question?
hi I was convicted in 2010 for kicking my ex partners car in an argument just after he had left me I was convicted of criminal damage and received a £300 fine and costs can I safely say hat I have not committed a crime that resulted in serious damage on the esta application or do i need to apply for a visa please help
thank you
kerry
My daughter (then 15) told her former friend that she wanted her dead after her friend had gone behind my daughters back, and been with her ex-boyfriend. My daugther got convicted for something I would translate as “illegal threats”, and has to do a few hours of community service. Will she still be able to travel to the USA with an ESTA?
Just wanted to share my experience with all of you.
Our family of six are planning a trip to Florida. My husband has a criminal record of which we believed is a CIMT. LOTS OF PEOPLE WE KNOW SAID OH DONT WORRY JUST SAY NO on the ESTA. Some of these people have criminal records one has even done time on three separate occasions (one for assault on a Police Officer!) but they all got their ESTA’s and have been and returned a few of them several times.
We thought that we would be truthful because we didn’t want to take the chance of being caught out and applied for a VISA (at great expense including the police certificate, travel etc). This criminal record I am talking about is 45 years ago, he got involved with a couple of no hopers, and absolutely nothing since, he got a suspended sentence (ie no prison sentence), two days ago he was DENIED a visa at the Embassy in London and now our travel plans are cancelled. He’s a pensioner for gods sake, a good man who’s been employed by the same company for 37 years and an absolute threat to no-one. It’s madness.
Just because it says you must apply for a visa doesn’t mean you will get one.
Hi Lydia
It’s such a shame to hear of your experience, especially as the conviction was such a long time ago. It must feel as though you’re being unfairly penalised for being truthful. Have you been given the opportunity to appeal the decision?
Take a look at this thread on our forum where people have shared similar experiences –
http://forum.unlock.org.uk/Forum175.aspx
Hi
I am arranging for a family to visit the usa and one of the members was tagged by the police when he was younger for vehicle theft but wasn’t sent to prison. Can he get an ESTA
I was charged with Assault by Beating, but also: Use threatening/ abusive / Insulting Words/behaviour with intent to cause fear of/ provoke unlawful violence. Do you think this would be considered moral turpitude?
i was arrested for receiving stolen property 46 years ago i understand this means moral turpitude and i will never be able to go on this holiday to usa that i have booked with other members of my family is this right
HI there. Did you get any further with this? I am in the same position but it was in late 2013. I have just been asked to go to the US in June and would love to go but am now wondering what the quickest and cheapest way to do this is? Any advice you have received that has been helpful would be really good to hear. Thanks
I do not think there is a cheap way at all. So far my expenditure has doubled with changing of tickets, Embassy visits with hotel to stay at overnight, just booking the Embassy itself was £131. This is the most expensive, log winded and stressful 12 holiday of my life, and after all this, I still can be sent home on arrival at any of the airports at an time. It would be helpful if there was a clear system in place of what to do as at the moment it’s just various companies online guessing what they think we have to do, usually followed by various broken links that do not work. Not helpful to anyone and just causes further stress and a lot of confusion. A lot of the info online for nearly all sites on this subject needs updating too.
Iv been arested and charged for posesion with intent to supply canabis fifteen years ago when i was uounger can i travel to usa with this conviction
Hi did you happen to get any more information about this? I am in the exact position as you hoping to travel a in September.
Thanks
Hi I’m in a very similar situation( convicted of dishonest representation) but my conviction was in late 2013. I’ve never had any other contact with the law and was only given 150hrs Community Service and a £60 fine. I’m hoping to travel to the US in September but really unsure and to which route to take reading the information above it would suggest that I can tick no to all questions and therefore I should be fine however I just want to be sure.
Thanks
Hi Paul, would really appreciate an update about your experience as my situation is so similar. Thanks
My husband had a CIMT and went the Embassy route, his crime was also 45 years ago and he was flatly refused his visa on the spot, they have however put him forward for a waiver of ineligibility and that was over four months ago, they told him it would take up to six months.
Hi, you seem to have some insight as to how this process actually works so would appreciate any guidance you can offer please?
Hi I’m in a very similar situation( convicted of dishonest representation) but my conviction was in late 2013. It was not involving Gorvenment , I can best describe it as receiving excessive refunds for items in a store.I’ve never had any other contact with the law and was only given 150hrs Community Service and a £60 fine. I’m hoping to travel to the US in September but really unsure and to which route to take reading the information above it would suggest that I can tick no to all questions and therefore I should be fine however I just want to be sure.
Thanks
Indeed. Your husband’s conviction was obviously for a CIMT, which means a waiver is required from the Dept of State. It can take over 6 months unfortunately in some cases. Patience is definitely a virtue when it comes to waiting for a waiver to be approved.
Yes. Drink Driving is not a CIMT.
Dishonest representation is a fraud category offence (hence a CIMT), so you are not eligible to use the visa waiver programme.
Do _not_ attempt to travel using the VWP by not disclosing this CIMT offence when answering the ESTA question. You will simply make the case worse for yourself.
You will need to apply for a B1/B2 visa at the US Embassy. I would put on hold any travel plans for September until you have your visa in your passport.
Stalking is not a CIMT. You do not need a B1/B2 to travel to the US. You can simply use the visa waiver programme.
Yes, as it involved serious injury (ie, death) to a person.
Thank you for coming back to me. What is the difference between the B1/B2 Visa and the Waiver of Criminal Inadmissiblity?
Is driving without a licence cimt?
One is a visa, the other is a waiver to allow you to obtain said visa.
Can you gain entry into the US if you’re bailed and awaiting trial for sexual assault?
Hi. I would like help. I have arrests on my record for shoplifting/theft but which I was cautioned for as it was only peer pressure. I have been @rrested for drunken and disorderly behaviour which I was fined for and last of all, I have a conviction for arson which was purely accidental because I was drunk, but I still had to serve time for it. I know thats a moral turpitude crime, but as it was not malicious or intended would I get a visa or not?
Hi, I have a conviction from 1999 for theft of a games console and attempted theft of a pair of jeans using a fake credit card ( I was 18 at the time).. is this a serious crime under esta? I have a clean record since that.
Hi I have a conviction for Section 39 assault. I was unconscious due to taking sleeping tablets which I was prescribed to help with stress. My girlfriend found me on the floor at the side of the bed and whilst she was shaking me to rouse me i hit at at her ankle. She phoned 999 for help and asked for the Police (in hindsight she should have asked for an Ambuance). Although she did not press charges and spoke in my defence the CPS did prosecute and I was advised to plead guilty as due to the medication I do not remember anything of the incident and therefore could not offer a legal defence in court. I have all the statements which confirm the above to be correct, my problem was that I could not remember the incident (and still can’t). I am looking to travel to Dallas for work every other week for the next three months. I will apply for a visa – should I anticipate problems ?
My girlfriend and her family will additionally support my application
Hi, I am a citizen of Bangladesh. I did my bachelor in UK from 2009-2012. In 2010 when I was 18 years old I was caught for shop lifting. The police gave me a caution letter. I didn’t have to go to the court. I was kept in jail for 2/3 hours after getting caught. I only had to pay fine.
I left U.K. in 2012 October, with no other bad records. In 2013 I applied for tourist visa to U.K. to attend award ceremony of my internship my visa was denied stating I provided false information. I remember when I applied for visa extension in 2011, my university visa consultant suggested me to say I dong have any criminal conviction and I received my extension that time. In 2013 I did the same but I didn’t only get denied visa, I also got banned for 10 years. I was really shocked.
I live in Germany now doing my PhD and I’ll have to go to USA this year to attend a conference. Now I’m really scared to apply for the visa. Do I answer NO for question 1? Can they check my biometric of U.K. ?
My daughters getting married in Florida in December her future father in law was convicted of fighting 27 years ago. he recently had a CRB check as him and his wife foster all clear would he get in to USA on esta or would he have to apply for vis
is aggravated burglary classed as a moral turpitude my husband got one from years ago and im panicking because we are going in jan 2018 and im just sorting out our visa, any help would be great thanks
Consular officers already have significant discretion. The definition of a CIMT is deliberately kept loose to enable CO’s to use their appropriate judgement.
If a CO is unable to use their interpretation (ie the offence is overwhelmingly clearly a CIMT) then they are further empowered to recommend a waiver. The petty offence waiver is also available to empower them remember.
It sounds like your husband just needed some patience; the US approved his visit in the end I presume?
What I always like to highlight is how forgiving the US is compared to other countries. The UK and Canada for example are far more strict than the US, yet we never feel this as we are British citizens (I’m also an American citizen fwiw).
Hi there,
I Was caught with possession of ecstasy nearly 10 years ago now and was subsequently given a fine after a court appearance. I am planning on travelling to Florida next year at some point…will I be allowed to travel? Any info down be great as I am panicking a bit about it. Thanks
Hi
I’ve been arrested for vandalism, assault and threatening snd abusive behaviour , I have been completely discharged from all , that was over 2 years ago , my disclosure I needed for my work came clear 2 years on a row too… do I need to declare any of these when applying for USA travel visa? (I am an EU national living in U.K. )
THAnks
I was charged with gbh for head butting some one does this count as moral turpitude. Will I not be able to get an esta?
Hi, I’m looking to travel to the USA but my partner was involved in a fight 7 years ago, he was let off with a fine. Does he need to apply for an ESTA or a Visa?
My husband got a suspended sentence for “assault on a police officer” over 10 years ago. Which in fact was that he was arrested after a non violent domestic argument (between us when we were going through a really bad patch) and he was under the influence of alcohol (there were no charges pressed for this). He stupidly spat at the woman police officer who arrested him (which actually missed her and for which he feels great remorse) but she took it further and prosecuted him. He has never had any other convictions before or after. He has a sister in USA who can’t fly as she has developed a phobia of flying so the only way to see her is if he can go there. What is the likelihood that he would let in and would he need to apply for a visa?
I got a job working for disney world but i have my visa appointment on thursday and really scared because i have had license suspension in the past and breach of community work does this affect me applying for us visa at all?
Hi,
I was arrested for T.W.O.C. and assault over 10 years ago but the charges were dropped and I was convicted by the police of driving without insurance as I didn’t have a driving license and D.U.I. which resulted in a 12 month ban (when I do get my license), a £100 for no insurance and a £100 fine for the D.U.I. I also tested positive for Cocaine in the police station but the only charges I received were for the driving offences. Do I need to declare any of this on the ESTA?
Thank you
Hi,
I was arrested for T.W.O.C. and assault over 10 years ago but the charges were dropped and I was convicted by the police of driving without insurance and D.U.I. as I admited to taking my step fathers car to give my friend a lift home. This resulted in a 12 month ban (when I do get my license as I don’t have one now nor did I then), a £100 fine for no insurance and a £100 fine for the D.U.I. I also tested positive for Cocaine in the police station but the only convictions I received were for the driving offences. Now I had a C.R.B. check for a past job and all of that information did show up on it. It looks like the initial arrest would constitute CIMT. Do I actually need to declare any of this on the ESTA? I mean if the arrest counts then isn’t that a system that is clearly open for abuse as anybody could be falsely accused, therefore arrested and then have that on their record which they have to declare?
Thank you
I have convictions of abh x3, possession of an offensive weapon x4, making threats to kill x3, robbery x2, aggravated tda, possession of bladed actical, affray x2, common assault, possession of class a drug cocaine x3, nfa arrests for attempted murder, nfa arrest for gbh section 18, nfa arrest for possession of an axe, juvenile conviction for drink driving, threatening behaviour, trespass, criminal damage, 2 prison sentences the latter 4 years recalled served whole sentence. Classed as a mappa 2 danger to the public. 2 years suspended sentence. I have not been in trouble for 4 years. Could I still get into America now or in the future.
Hi can you please help ? My partner had a section 18 at 16 he’s now 34 he’s had a few incidents since one was assaulting a police officer and there was a offensive weapon charge for carrying a mallet in the car.
My boyfriend was arrested for being drunk in public (Public Intoxication (under 21 years old in 2010) could we answer NO to the question number 1 and be ok even if he spent the night in jail and after he paid a fine? They took fingersprint there. Thanks
Ive actually spoken to the ladies ex boyfriend and he has admited his sister who works for homeland security assited him in making my travel impossible, from my understanding he tried to do this ssveral weeks before i flew out but i guess it either took time or he assumed after his threat of him owning a gun i wouldn’t fly .
My past is 3 drink drivings a resiting arrest and being carried in stolen vehicle .
If i have to go for a proper visa im assuming i will be turned down but the wording of the waiver question does make me eligible.
Its a great shame as i would love to return to see her again and as often as possible
I was told by a friend who works for British customs that even if i do get another waiver as i was previously refused one i would almost certainly be stopped by customs in America and questioned then turned back ?
I got a arrested , for damaging a car, and have a few cautions, but I have never been to court, does this matter
I have a caution for possession of a class a drug 4 years ago. Will I get straight denied from the Visa process as well as the ESTA?
Hi, my partner was arrested when he was 15/16years of age (15 years ago) for possession of cannibis and theft of a motorcycle. He has had no further convictions since, he went to juvenile court and paid a fine and community service o think. We have a family holiday booked to Florida in June 2018 can he apply for an esta based on juvenile delinquency or does he need to apply for full visa? Thanks for your help
I have a relative in the UK who has a Criminal Damage conviction/discharge & and Theft conviction/discharge from over 30 years ago. There was no sentence, nor jail time, just fines. Would this affect him entering the US for visiting family and/or getting an ESTA?
can i ask if and when questioned at customs do i say that i have conviction or will they ask if i have a conviction for serious damage which i can say no, sorry but never flown to the states before and really dont know what to expect on arrival – thanks kerry
Yes. Theft is a CIMT. They will need to apply for a B1/B2.
You should NOT have booked a holiday before your partner has either a US visa or an approved ESTA application. That was silly, and you could run the risk of having to cancel it if you can’t acquire either of the above in time.
If this was just one of the offences, he would qualify for the petty exemption waiver as he was under 18 years old. As he has two CIMTs before the age of 18 (that’s some going..) he’s not eligible to use the VWP.
So, personally, I would apply for the ESTA, answer the questions truthfully, then if you’re refused, apply for the B1/B2.
ESTA – yes.
The visa – no, but you may need a waiver for the CO to issue your visa.
Hi NapoPeb, you are very knowledgeable on these matters, do you work for the embasssy?
Your responses have been amazing and must have helped hundreds of people.
Anyway, as I have the 2 previous CIMT, (2004 & 2009) is the B1/B2 route my best option, and what timelines would be involved?
Many Thanks
Answer the ESTA questions truthfully. Being drunk in public isn’t a CIMT, so he is eligible to enter the US. I would check ‘no’ to question 1.
What is your question?
Your friend should stick to enforcing UKBA policy, not US, as they clearly have no idea what they are talking about. If the local consulate has seen fit to issue you a visa (after obtaining a waiver) then whilst it isn’t uncommon for CBP (not ‘customs’; they are concerned with smuggling, not immigration) to send a traveller at inspection to secondary, being denied is actually very rare.
The trick is to always tell the truth to questions asked at the consulate, allowing them to make the best possible judgement.
Yes, you must declare everything as requested.
What was the exact charge he was convicted for?
Hi Elliot,
Immigration is just a sideline for me since I became an immigrant many years ago, but I’ve been active on immigration forums many years ago, so if I can help with my knowledge to those that need it I am happy to.
To your questions….
The B1/B2 is absolutely your best (and, indeed, only) route as despite the ESTA application now asking very vague questions, CIMT offences do require a visa. If you are based in the UK, which I presume you are, start by requesting a copy of your ACRO certificate via https://www.acro.police.uk/police_certificates.aspx then apply for a B1/B2 visa on the US Embassy London website.
If you don’t require a waiver (without knowing what the CIMT convictions are, I can’t comment) then you should have your visa within 30 days (usually). If you require a waiver, it can be an indefinite period of waiting unfortunately. Though in my experience most waivers requested by COs are approved by the State Dept within a year.
Good luck!
I went to court for stealing when I was 18 and pleaded guilty and received no conviction.
Do I need to apply for a visa or can I go on the esta?
Hi there,
I was arrested for drunk and disorderly a couple of years ago. I was given a fine with a 6 months conditional discharge, meaning it is well and truly spent. How should I proceed with travelling to America? Would I need to say I’ve never been arrested to an immigration officer?
Thank you in advance!
I may be cautioned or convicted of taking £150 from an employer. What should I do?
Hi I really need some advice.
I was arrested for drive drinking in feb 2017 in Japan.
I will be convicted for this with suspended sentence. I’ve never had been arrested and convicted for any before.
And this drive driving didn’t hurt any people.
CBP says a single dui is not ground to deny entering the us with esta.
But I’m concerned going to us with suspended sentence which sounds like I did something felony.
And if I try to apply for B1/B2 visa during suspended sentence, visa will be denied accoring to the info on the internet.
But I need to go to us for business trip whithin a year.
What should I do?
Hi
Many thanks for your reply.
Yes, UK based, convictions were both football match related,
conspiracy to commit violent disorder (organised a fight between rival fans) 2004
Threatening behaviour (threw an object (coin) at a rival supporter) 2009
As stated in my first post, completely changed my ways, volunteer at a veterans charity, can produce letters of support from local dignitaries and officials, would they be useful to take to the embassy as support for my visa application?
Once again, huge gratitude for all your advice.
The conspiracy conviction (a CIMT) is a serious one (conspiracy is often thrown in to increase the seriousness of the charge) for which I strongly suspect you will require a waiver from the State dept.
However, both of those convictions are past the 5 year window now, and you have had consistently good behaviour since your last conviction so you should be recommended for the waiver. It will take time to come so please don’t book any travel until you have your visa in your passport.
Make sure to request a current ACRO certificate (you will need that). That’s the most important thing, as well as evidence to support ties to the UK (I.e., you will return once your vacation is complete). The letters can’t do any harm, but in reality the CO (Consular officer) will judge your application based solely on the conviction evidence presented and your answers to their questions concerning it.
Make sure you have good answers for when you are asked about the convictions. Role playing with a family member often helps believe it or not as you only get one chance to put your side of the story. Make it a positive reply that helps the CO either approve your application or recommend a waiver (you’ll get a 221g slip).
Good luck!
Hi, I got a reprimand for a minor offence as a child. I understand that offences committed by a minor are exempt. Does this mean I can still apply for a ESTA? If so, does it mean that I answer ‘no’ to question about moral turpitude, as I was deemed too young for this to apply? Or do I answer yes and provide further details? Thanks so much for your help.
Hi, My boy friend is planning to travel to the united states for a couple of weeks but was convicted for affray when he was 19 and was given a 6 month sentence. I am aware that Affray is supposedly not a CIMT but if someone was hurt during the incident that lead to the arrest but not hurt by him but another person who was convicted with him. would that contradict the “serious harm to another person” part of the ESTA question despite not being a CIMT, should he tick not to the question?
On December 6th, I was convicted of 1. travel on railway without paying fare and 2. use altered ticket with intent to defraud. Will I not be able to get an ESTA? Thanks
I shall probably have a conviction for harassment(non violent) next Tues. I’m due to fly to Atlanta a wk later on a two wk organised holiday. I hold a valid esta granted before the incident. How do stand for entry to the US?
HI there are several people who have asked questions about being convicted for TWOC. The answer given is TWOC is theft and theft is a CIMT. Theft requires an element of an intention permanently deprive the owner, which TWOC doesn’t have. Joy ridding is listed as being a None CIMT. Therefore the question that need answering is TWOC a CIMT or Not ?
We plan to travel to San Diego for our honeymoon next summer but there is a bit of a snag. My husband-to-be was given a caution for possession of a small amount of cannabis in 1994 when he was 14 years old. Is this classed as a misdemeanor or a violation under US law. I have read about people who have not disclosed this issue on an ESTA and have been allowed through the borders. This is the only offence that he has committed.
Although he claims he had handcuffs put on and placed in a holding cell, he repeatedly can’t remember having his Miranda rights read to him. The offence did not result in him having to make any form of court appearance so therefore he has no criminal conviction.
He was told when he was initially given the caution that it would be deleted from his record after 5 years but I have since read that this is, in fact, NOT the case so was he lied to by the police at that time?
I have a clean record as do my two children.
The last time I visited the USA was in August 1996 so it will be the 1st time we will be filling out ESTA applications. Although it does say apply a minimum of 72 hours before travel, is it advisable to fill them out much earlier. However, I’m worried that if we do, the ESTA would become invalidated when we come to use them.
Any advice would be greatly appreciated. Thanks in advance everyone
16 years ago I was drunk and disorderly. 14 years ago I arrested and questioned but released with no further action. As a result of this I answered YES on my ESTA and it’s been refused. With these offences should I have answered NO?
Can you travel with an esta if convicted of common assult 5 years ago
I had a driving insurance issue in 2013, drive my husband’s car and got into a minor accident , he made an insurance claim as the driver . the case went to court and was convicted for fraud by misrepresentation . unfortunately the case always accidentally sent to crown court as we were given the wrong charge initially . eventually on day of sentencing court decided it was misrepresentation and gave us both fines and 50hours community service . However we have both been declined US visas and waivers 4 times since then . That was our only and first offence . initially i was told by the consular officer that even though it under the petty offence as there was no prison sentence , because the case was dealt with in crown court and seen as only serious offence are dealt with in crown court .it why they were declining . I explained the courts error and was asked to get a letter from the courts emailed it to the embassy and reapply. i got the letter and did just that. but seems my visa and waivers are automatically declined even without checking all the updated information . I was then informed by the consular officer at my last interview in 2016 that if the waiver is declined again it might be declined if they feel that not enough time as passed since the offence . it been 5 years since the offence and 4 years since the conviction date . Is it worth me applying again this year .
Hi NapoPeb, just a quick update.
I had my interview at the London embassy early December, thankfully the CO recommended me for the waiver scheme, and actually made some positive comments after our discussion, ie, he thanked me for my openness and general honesty with answers etc.
However, quite rightly he explained it could still come back as a no from DC, and even if it were a yes it can take 4-6 months, and unlikely to be in time for me to join my family in early April, hey ho, I’m in this position because of me, so no complaints.
I do have one other question you may know the answer to?
The visa waiver I applied for was to allow for travel to Florida early April.
As that is still undecided and time dependant, IF they did grant the waiver, but as likely, after April, can that visa but used for any other travel to the USA within the visas lifespan, or is it indelibly linked to the original application and travel plans?
Thanks again for all your advice
Firstly, ‘Customs’ don’t care about your admissibility. They care about what goods you are bringing into the country. You are referring to a primary inspection.
I would answer the question as it is asked. Don’t try and second guess the question or over complicate this.
“Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”
Did you cause serious damage? Kicking a car doesn’t sound like ‘serious damage’ to me. I would say no.
Hi,
Is using abusive, threatening or insulting words or behaviour with the intent to cause harrasment alarm or distress a CMT.
This is section 4(a) UK law.
Thanks
I had a minor fight aged 14 and got a reprimand for assult occasioning actual bodily harm – I assume this is not CIMT?
How did this go?
Anyone have any answers on this?
Hi NapoPeb, hopefully you still get notification from this thread. I’ll try my luck even though it’s been ages anyone has posted here.Your knowledge on this topic is about the best I’ve come across any where.I am a 3rd country national and have a drug trafficking conviction, fairly recent. I received an 18months sentence and I have since completed my sentence and probation since June 2010 (a little over 7 years ago) That is my only conviction, though I was arrested for a totally unrelated matter in 2011 but there was no further action on that, I have since gone on to receive Indefinite Leave to Remain in the United Kingdom. My question is I’m I eligible of a Waiver for a B1/B2 visa ? giving the serious nature of my offence ?
Hello! I was convicted two years ago in a Scottish court of having indecent images of children, these were sent to me on a dating app. I plead guilty and was given an 18 month community order. I’ve had no involvement with the police since and no other convictions. I’m NOT a registered sex offender. Will I be eligible under the ESTA system? And if not what is the likelihood of the embassy approving me? Thank you.
I was arrested and charge with serious assault about 22 yrs ago but was found not guilty in court do I need to say that on the esta
Yes, it can, as long as it’s not a one time use visa. I would expect you to receive a 10 yr B1/B2 visa if approved, however.
Yes.
Drink driving is not a CIMT. You don’t need a visa. Simply use the visa waiver programme.
Read the questions you are asked, and answer truthfully.
No. Your offense is a crime involving moral turpitude. You will never be eligible to use the VWP.
Correct. You qualify for the petty exemption waiver anyway.
Absolutely not.
You should have answered no.
TWOC is absolutely a CIMT as it involves the action of theft. Whoever gave you their opinion regarding TWOC as it relates to the theft element is not fit to providr serious commentary.
Hi there me and partnerare planning on going to Florida next year. I was convicted of Breach of the peace around 9 years ago. The conviction was spent 4 years ago? Will i need a Visa or will the Visa Waiver Program suffice?
So a section 4(a) is not a CIMT and answering no on the etsa is perfectly acceptable? Thanks
This was also an arrest and then give a caution. Not a conviction
I was convicted of drink driving in January 2018, had a 23 month ban but no points. I won’t be driving when I go to the USA in August. Can I travel on an ESTA?
Hi, I was convicted of drink driving in January 2018 given a 23 month ban but no points, can I travel on an ESTA?
Yes. Drink driving is not a CIMT. Further, you’re perfectly able to drive in the US on your UK DL as it’s still valid. You’re just banned from driving using it in the UK (only).
Thank you so much, this has really put my mind at ease and selecting no for this question.
Does the fact the word intent used make any difference in this scenario?
Hi,
How do you interpret the esta question with regards to the one around arrest and conviction. Do you read it as :
1. Have you ever been arrested for a cimt or convicted for a cimt
2. Have you ever been arrested(regardless of it being cimt) or convicted of a cimt
Thanks
Hey, I have seen this has been asked already but abit confused with the answer. Is section 4(a) UK law a cimt because the word intent is used within the definition ?
Thanks
i was arrested in 2009 and relised in 2012 for my first ever offence of gbh in self defence with mitigating circumstances i got 10 years epp extended public protection my probation officer has classed me as low risk as i finish my probation this next year would i be able to go to America in September next year for a holiday for 30 days
I think this will probably fall under serious harm to another person.
Just because the word intent is used doesn’t mean it’s a cimt in my eyes. Maybe someone else may know more.