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USA ESTA

Old 18th May 2012, 10:27
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USA ESTA

A quick question for anyone that might know.

We are off to Orlando at the end of the month, and as this is a family holiday my father in law has arranged everything, including my ESTA.

Just by chance last night, I discovered the word "arrested" in the ESTA application questions. Well 20 years ago I was arrested on suspicion of theft, nothing was ever proved and I was released wthout charge. Does this come under "moral turpitude"?

Also can they check against UK records from 20 years ago?

Will I need to have a visa??

Thanks
Cumulogranite is offline  
Old 18th May 2012, 10:50
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This has been on PPRuNe before. Try searching. My (fallible) memory is that the consensus was to ignore ancient arrests and convictions. I think the consensus was to apply the UK-style rules about spent convictions.
That WAS NOT a legal view - it was simply the PPRuNe view.
Ancient Observer is offline  
Old 18th May 2012, 11:08
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If your ESTA has already been granted then you didn't flag anything in their database. Let it rest.

Btw, I love this one:

or are you seeking entry to engage in criminal or immoral activities?


You would have to be one dumb ass to reply "yes" to that one!

Last edited by Hotel Tango; 18th May 2012 at 11:13.
Hotel Tango is offline  
Old 18th May 2012, 14:15
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You would, but if you entered with that intention and committed a crime then you have lied on the ESTA form and they will send you to hell.
Espada III is offline  
Old 18th May 2012, 15:35
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You may not enter with that intention, but the idea might come over you while you are there!
11277m is offline  
Old 18th May 2012, 17:16
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thanks for the replies, knid of puts my mind at rest!!

Cheers
Cumulogranite is offline  
Old 25th May 2012, 16:32
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Somewhere in the labyrinth of US visa rules it actually says - "arrests which would have led to a 2 year prison sentence on conviction" are the trigger point

I know colleagues who have drink driving convictions who sail through every time
Heathrow Harry is offline  
Old 28th May 2012, 18:39
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ESTA & Drink Driving

Aah yes, Harry, but might our colonial friends stand accused of hypocracy if they turned anyone away for drink driving at a certain New York airport named in honour of the KENNEDY family ? Just a thought....
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Old 28th May 2012, 19:22
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I had a manager at one time who had a conviction for gross indecency with two other men in a public lavatory, followed 18 months later by a drunk driving. Fined £150 for the gross indecency. I don't know if he ever declared these convictions, but he went to the US several times after that.

Maybe a call to the US Embassy would have been in order........
radeng is offline  
Old 28th May 2012, 20:41
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Maybe a call to the US Embassy would have been in order........
That would be the last thing to do in this particular case!
Hotel Tango is offline  
Old 29th May 2012, 08:33
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...nothing was ever proved...
You got away with it, then?
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Old 29th May 2012, 11:02
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or are you seeking entry to engage in criminal or immoral activities?

Was it Noel Coward who said that that was the "sole purpose of visit"?




If it wasn't it should have been
eastern wiseguy is offline  
Old 29th May 2012, 19:17
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Was it Noel Coward who said that that was the "sole purpose of visit"?
I believe it was Gilbert Harding, who had frequent contretemps with Noel.
Pax Vobiscum is offline  
Old 29th May 2012, 20:03
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The simple answer is, Yes you will need a visa.

It doesn't matter if you were arrested and released, nor does it matter what the rules relating to spent convictions etc. are in your home country. Unfortunetaly, if you have ever been arrested whatever the circumstances then you cannot travel under the VWP.

From the US (London) Embassy website:

Travelers with arrests/conviction(s)

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); they are required to apply for visas before traveling. If the arrest resulted in a conviction, the individual may require a special restricted visa in order to travel. The Rehabilitation of Offenders Act does not apply to United States visa law. Therefore, even travelers with a spent conviction are not eligible to travel visa free; they must apply for B-1 or B-2 visas. If they attempt to travel under the VWP, they may be refused entry into the United States.
Note. The grant of an ESTA does not confer eligibility to enter the US.

Authorization to travel under ESTA does not guarantee entry into the United States; that decision rests with the immigration official at the Port of Entry in the same way that travelers currently entering the U.S. under the Visa Waiver Program or with a visa are subject to inspection.
Incidentaly if you do need a B1/B2 visa you will need to move quickly. Because you have an "arrest" you will be required to take with you to the visa interview an ACPO police certificate (£35 - £75 depending how quickly you need it). The process is expensive and tedious.
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