New Guide Discussion: Everyone needs ESTA for US travel

scottishperson2

iglimpse wrote: »

So he cannot apply for an ESTA, was told he had to go to London and get full visa (10 days holiday only).

That advice was incorrect.

iglimpse wrote: »

This seemed to make no difference because when he went to London last week, they said he had to have a medical examination

Thats normal.

iglimpse wrote: »

It really does feel like total exploitation. We were very honest in our application......now feeling that was not the right thing to do.

Unfortunately you erred on the application as you should have (and were entitled to) entered NO to question A and question B, and are now stuck in the situation where the best (only) option is to get the visa.

iglimpse wrote: »

I would truly appreciated any advice anyone can give me, to help us in this mess. I do not feel we should punish him again by leaving him behind

Theres no advice left, hes in the process of getting a visa, he shouldn't get into the states without one now.

iglimpse wrote: »

We have done lots of enquiries and apparently only those convictions that carry a max sentence of over a year are counted

Is incorrect.

C[FONT=&quot]lasses of Aliens Ineligible for Visas or Admission[/FONT]

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

[FONT=&quot](2) Criminal and related grounds.-
[/FONT]
[FONT=&quot] (A) Conviction of certain crimes.-
[/FONT]

[FONT=&quot] (i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
[/FONT]

[FONT=&quot] (I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or
[/FONT]

[FONT=&quot] (II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

[/FONT]
[FONT=&quot](ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-[/FONT]


[FONT=&quot] (I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
[/FONT]

[FONT=&quot] (II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). [/FONT]

Maximum sentence is 90 days (District of Columbia Code) for DUI, so if DUI were a CiMT he could have used petty offense exception, however as its not a CiMT its a mute point.

Nowadays the petty offence exception kicks in at the visa stage. Before ESTA you could tick YES on the plane and argue the fact at the border, you can still do so at the Canadian and Mexican land crossings. You have to tell them about the CiMT, you cannot use the exception as an excuse for ticking No on the form.

Its not unknown for people who meet the petty offence exception to be refused a visa at the embassy on the grounds of not having strong enough ties with the UK.

Drink Drivers fail ESTA on question A if it occured in the last 3 years. Theres an interesting article here as to why this is (you note they say 2 years in that article, that is not my understanding)

http://www.about-drug-rehab.com/drug-rehab-articles/drug-policy/drug-addiction-alcoholism-grounds-of-inadmissibility-to-the-united-states/

Don't want to cause even more pain, but he can forget (legally) getting into Canada for a long time.

iglimpse

We have all learnt a valuable lesson.......he could have just lied and said no convictions on the ESTAapplication and he would have got it.

I have done a lot of research tonight, they don't hold uk criminal records. So unless tyour case made the headlines, and does not constitute MORAL TURPITUDE then there is no problem and unlikely you will be rejected......sad for all those who are honest and state they have a conviction, they are almost barred for life now.

It has cost us ££££££ so far just on phone calls

scottishperson2

iglimpse wrote: »

We have all learnt a valuable lesson.......he could have just lied and said no convictions on the ESTAapplication and he would have got it.

You fail to grasp the basics. He did NOT have to lie on the form, as he was eligible to use the VWP. Drink driving isn't a CiMT and its was over 3 years ago as well. Telling people to commit immigration fraud isn't helpful.

iglimpse wrote: »

I have done a lot of research tonight, they don't hold uk criminal records. So unless tyour case made the headlines, and does not constitute MORAL TURPITUDE then there is no problem and unlikely you will be rejected

I beleive you should really do some more reseach. I haven't the time to go into why that statement is incorrect, but I would point you into the direction of finding out what records they do hold (and they do), and also data sharing that goes on. Also what has the statement "unless tyour case made the headlines" got to do with anything.

iglimpse wrote: »

......sad for all those who are honest and state they have a conviction, they are almost barred for life now.

No, he was told to go for a medical, on completion he would (more then likely) get a visa.

He erred by incorrectly believing drink driving was a crime involving moral turpitude.

There was advice given to the embassies in 2007 about this

http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html

While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

jackieblack

jonesMUFCforever wrote: »

He will be refused admission to the country and sent home if the paperwork is not in order.

He won't even get that far
Without an approved ESTA or visa he wouldn't even be allowed on the flight - the airline will turn him away at check-in/bag-drop.
We witnessed this happen at Heathrow last year (to one person in the group ahead of us in the queue)

dfw123

Everywhere i look i see it costs $14 to apply for esta - i did mine yesterday it cost €59 which is over $76! I can't find on google anything to say why it was so much, but wondered if anyone else got charged this much? I had to do three for my family and we all passed and received it by email soon after. Any comments would be greatly appreciated

jackieblack

dfw123 wrote: »

Everywhere i look i see it costs $14 to apply for esta - i did mine yesterday it cost €59 which is over $76! I can't find on google anything to say why it was so much, but wondered if anyone else got charged this much? I had to do three for my family and we all passed and received it by email soon after. Any comments would be greatly appreciated

Did you use the official website https://esta.cbp.dhs.gov/esta/ ?

There are alot of fake websites that will do an ESTA application, on your behalf, but charge a 'professional' fee to do so.

scottishperson2

dfw123 wrote: »

i did mine yesterday it cost €59 which is over $76! I can't find on google anything to say why it was so much, .........Any comments would be greatly appreciated

Information on the front page of the website states

The cost of this application is EUR 59 fully inclusive of both the US Government charges (currently USD 14.00) and our service fee.

You ticked the YES box

Please indicate you have read and understand the information provided above:

Yes, I have read and understand the information and agree to these terms.

No, I need additional clarification or I decline to provide acknowledgement.

So, you have stated you read and understood the fact you were agreeing to the fee.

lynzpower

Hi there,

Wondering if someone can help? I have won a trip to new York, very happy.

I have to get my ESTA
My OHs passport is expired and its going to be sent off for renewal next week

Do I need to do the ESTA after he gets his new passport no or can I apply for it with the old number and change it at a later date when the new passport turns up?

Thanks in advance
L

luci

No, you need to wait for the new passport. Otherwise you will have to pay for a new ESTA with the new passport details, you can't change them.

Make sure you use the official ESTA at $14 and not one of the scan ones which charge a processing fee.

chelsea1905

My family are currently travelling under ESTA (expires in 2013). We are on an extended holiday skiing our way accross North America. We first arrived into Orlando from the UK on 5th January. Our passports were stamped with the exit date of 3rd April (90 days). On 9th January we left the USA for Canada where my son has remained since, and my wife and I have been in and out of Canada and the USA a few times since visiting various ski resorts. we are currently in Canada, and have been this last 33days. On 31 March we are reuniting with our son in Vancouver and we intend to go to the Hawaiin Islands for two weeks, returning to Los Angeles when we will fly home to the UK on 15th April. The total length of our trip is circa 100 days. We keep being told by US officers that Canada does NOT count as having left the USA, so as far as they are concerned the 90 days is up on 3rd April. This means we might not get into Hawaii and we will be refused at pre-clearance in Vancouver? I can find nothing to say that Canada is deemed the USA?? Can anyone please elaborate our predicament. Will we get to Hawai or not??