Do we need a Visa? HELP!

quickpost

dzug1 wrote: »

Is there any difference in ticking NO on an ESTA and NO on the I94W - when the statements are untrue. Is one more likely to be found out than the other?

You tick YES on the I94W, as its a land crossing you don't need to do an ESTA. Prior to ESTA you would have ticked "YES" on the I94W whilst on the plane.


Similar thing to Australian entry.

"Requirements are you cannot use evisitor if

You are deemed to have a substantial criminal record if you have been any one of the following:

• sentenced to a term of imprisonment for 12 months or more"

So if you were sentenced to 11 months in prison you can use the evisitor.

On the actual landing card however the question asked is "do you have a criminal conviction" so that would have to be "YES"

You meet the requirements of evisitor whilst not committing immigration fraud.


There is no difference (except for serious criminality stuff - a phrase that could consist of lots of things like cannabis possession for example) that presently makes ticking NO on ESTA and NO on I94W more "dangerous".

ESTA makes no checks against the CRB. The CRB also contains allegations made against someone, not just arrests and convictions. It is also difficult to make an assumption that a crime contains acts of moral turpitude on the basis of a one line wording on a CRB record, and difficult to relate that to a US criminal code.