New Guide Discussion: Everyone needs ESTA for US travel

RoxRoxBling

jackieblack wrote: »

The relevant question is:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm

Based on this question. If I've been arrested on suspicion of common assault but then released with no charge or conviction etc. And if in the UK it does not show up on my CRB check to work with children.

Would I answer yes or no to the above question?

I am uncertain of the meaning of "moral turpitude"

personpeople

RoxRoxBling wrote: »

If I've been arrested on suspicion of common assault.......Would I answer yes or no to the above question?

Crimes against the Person.

The following have been found by various courts and at various times to be crimes involving moral turpitude:
assault, second degree or third degree
assault with intent to rob or kill
assault with a deadly weapon
assault on a law enforcement officer

The following have been found by various courts and at various times NOT to be crimes involving moral turpitude:

assault, simple
assault and battery, simple
assault on a police officer
assault with intent to commit a felony
attempted assault, where recklessness is an element


depending on the elements of the assault or who you assaulted, could turn it into a CiMT.

personpeople

Trish716 wrote: »

Will my husband have to declare a breach of the peace from 27 years ago on the ESTA.

breach of the peace is NOT a CiMT. Never has been.

milothewestie

do i need to declare convictions of more than ten years ago,one for drunk driving and breach of peace,fifteen years ago for fraud, and actual bodily harm some 28 years ago,was also arrested about eleven years ago for cannabis cultivation but never charged as there was no evidence does this need to be declared, i am totally reformed character no convictions for over ten years and sometimes wonder why i did these things,can i travel on ESTA visa or would they know about convictions and turn me back to UK,,,travelling to las vegas if it has any relevance

regards

youcannotbeserious

milothewestie wrote: »

do i need to declare convictions of more than ten years ago,one for drunk driving and breach of peace,fifteen years ago for fraud, and actual bodily harm some 28 years ago,was also arrested about eleven years ago for cannabis cultivation but never charged as there was no evidence does this need to be declared, i am totally reformed character no convictions for over ten years and sometimes wonder why i did these things,can i travel on ESTA visa or would they know about convictions and turn me back to UK,,,travelling to las vegas if it has any relevance

regards

fifteen years ago for fraud - yes, thats a CiMT
actual bodily harm - could be a cimt
arrested about eleven years ago for cannabis cultivation - fails under violation related to a controlled substance


you can apply through esta to travel visa free, but you'll just be wasting your money. You fail the question on CiMT and on controlled substances.

Whether or not you'd get a visa is unknown.

roversrobin

I applied for an ESTA to spend two weeks in Atlanta earlier this year. The ESTA expiration date is Mar 2016.

It appears that I will have to go back to the USA (to Ohio) later this month for a week or so.

Do I need to re-apply for an ESTA? Is that only valid for one trip? I notice on the confirmation that there are details of my incoming flight from March on there. Do I need to update information such as that?

jackieblack

roversrobin wrote: »

I applied for an ESTA to spend two weeks in Atlanta earlier this year. The ESTA expiration date is Mar 2016.

It appears that I will have to go back to the USA (to Ohio) later this month for a week or so.

Do I need to re-apply for an ESTA? Is that only valid for one trip? I notice on the confirmation that there are details of my incoming flight from March on there. Do I need to update information such as that?

No you don't. ESTA is valid for two years or until your passport expires (whichever is soonest), no matter how many trips you make in that time.


Updating the other info is not mandatory. Some people do, (I always do) but some people don't bother.

appyjack

The ESTA asks for parents' first names, but what happens when that's not clear?
My friend's late mother's name changed from her birth certificate from 'Mary Jane' to 'Jane Mary', known as 'Jane', her middle name, all her life, including wedding and death certificates, passports, etc.
There doesn't appear to be a way of adding explanations to the form, though there is a choice to write 'unknown'.
Would the people administering the application check it against public records, and, if so, which?
I think it should be 'Jane' as in her passport and death certificate, but we wouldn't want to get it wrong.
Is there any way of getting advice? I can't see this question answered anywhere else.
Thanks.

jackieblack

appyjack wrote: »

The ESTA asks for parents' first names

I've never been asked for parent's names when applying for ESTA, although it's possible that the application questions have changed....

Are you sure you're using the official website?
https://esta.cbp.dhs.gov/esta/

Or, are the parents the ones applying for the ESTA? Details must match what's shown in the passport.

spud_work

My most recent ESTA application asked for details of parents, so I think this is something that they have added recently. There were also considerably more questions on there than there used to be