Entry into the USA

Top_Dog

If this person said on his ESTA application form that he had no conviction would the peoples who process the form know or find out ?

scottishperson2

Top_Dog wrote: »

If this person said on his ESTA application form that he had no conviction would the peoples who process the form know or find out ?

Probably not and Possibly not.

You assume they know everything though, as what you tell them could come back to bite you in the future.

ESTA application is done automatically, and, apart from a few exceptions, it doesn't look at the "history" of the applicant. Exceptions would be if your name and DOB matched someone on a no-fly/wanted list/previous abusers of the programme etc list.

They can find out by requesting this information (mainly) through interpol. This is more likely if the person is pulled into secondary and questioned. Worst thing you can do is lie, as if you're caught in a lie its not helpful to your situation.

At present you could (and people do) pass through without problem. However, in the future you may want to apply for a work visa,the fact you lied earlier may not help that application.

Also, you don't know how far data sharing is going to go. Although it would be nigh on impossible to tally all foreign crimes as moral turpitude or not, the fact they, one day, could see you were arrested on the screen would be enough to start asking questions.

Pauline17

We had planned to go to Florida this year however my husband had a criminal conviction over 20 years ago which resulted in a fine. (Breaking and entry.) After reading the notes on the esta application I contacted the American embassy as I wasn't sure if we should declare the conviction after so long. We were told he would need to apply to acpo for an acro report. We have done this and the documents have came back no trace.
We called the American embassy back to advise this and asked if we would just apply for an esta now. They told us-No he would have to apply for B2 visa at a cost of 140 US dollars. We would also have to get in touch with the court he was convicted in to find out 1.Nature of conviction, 2. Section of Law broken, 3.Actual penalty imposed. I did this today and they only keep records for 15 years, so no trace there either.
Now he has to fill in a subject access statement and submit to local police to see if they have records. Even if this does come back no trace, he has to give sorn declaration stating the dates and convictions commited. It was so long ago he's not even sure of the year. He still have apply for this B2 visa and attend either an interview at the American embassy in London or Belfast. I asked the American embassy if he had all this info with no trace of convictions would he definately get a visa after paying all ths money to obtain documentation saying there was no trace. They said this wasn't guaranteed, it would be up to the officer on duty the day of the interview.
By the time we've paid for all the reports, the B2 visa and the trip to either London or Belfast embassy for the interview, this could have been the cost of one of our theme park tickets for the fortnight
We're not sure what to put on the sorn declaration if there is no trace as we're not even sure of the year. Also has anyone had to attend and interview in Belfast or London and what type of things do they ask? Any advice on either the sorn declaration or the interview would be much appreciated.

photome

Pauline17 wrote: »

We had planned to go to Florida this year however my husband had a criminal conviction over 20 years ago which resulted in a fine. (Breaking and entry.) After reading the notes on the esta application I contacted the American embassy as I wasn't sure if we should declare the conviction after so long. We were told he would need to apply to acpo for an acro report. We have done this and the documents have came back no trace.
We called the American embassy back to advise this and asked if we would just apply for an esta now. They told us-No he would have to apply for B2 visa at a cost of 140 US dollars. We would also have to get in touch with the court he was convicted in to find out 1.Nature of conviction, 2. Section of Law broken, 3.Actual penalty imposed. I did this today and they only keep records for 15 years, so no trace there either.
Now he has to fill in a subject access statement and submit to local police to see if they have records. Even if this does come back no trace, he has to give sorn declaration stating the dates and convictions commited. It was so long ago he's not even sure of the year. He still have apply for this B2 visa and attend either an interview at the American embassy in London or Belfast. I asked the American embassy if he had all this info with no trace of convictions would he definately get a visa after paying all ths money to obtain documentation saying there was no trace. They said this wasn't guaranteed, it would be up to the officer on duty the day of the interview.
By the time we've paid for all the reports, the B2 visa and the trip to either London or Belfast embassy for the interview, this could have been the cost of one of our theme park tickets for the fortnight
We're not sure what to put on the sorn declaration if there is no trace as we're not even sure of the year. Also has anyone had to attend and interview in Belfast or London and what type of things do they ask? Any advice on either the sorn declaration or the interview would be much appreciated.

Have you told anyone his name?

If you havent, apply for an ESTA as normal and answer No, If you cant find any trace of a conviction then nor will any one else.

If you have then I am not so sure about what to do next although if you havent filed any paperwork with the US officials anywhere I would still be inclined to fill in the ESTA and answer No

scottishperson2

What you need to do is find out if this is a crime involving moral turpitude. If its not a crime involving moral turpitude then you can answer "no" to that part of the question.

Pauline17 wrote: »

my husband had a criminal conviction over 20 years ago which resulted in a fine. (Breaking and entry.)

Not always a crime involving moral turpitude.

Pauline17 wrote: »

After reading the notes on the esta application I contacted the American embassy as I wasn't sure if we should declare the conviction after so long.

If its one involving moral turpitude then you have to no matter how long ago.

Pauline17 wrote: »

We were told he would need to apply to acpo for an acro report. We have done this and the documents have came back no trace.

Are you sure, it should have stated "no live trace"

Pauline17 wrote: »

I did this today and they only keep records for 15 years, so no trace there either.

Have some documentation of this sent by the court.

Pauline17 wrote: »

Now he has to fill in a subject access statement and submit to local police to see if they have records.

Again document this so the embassy can see you have done everything possible to get the documentation.


If, by the way, you decide its not a crime involving moral turpitude, and you have previously contacted the embassy with details such as name and date of birth, theres a possibility this information is now available to CBP. I do not know if this initial contact with the embassys call centre would mean these details were passed on, but you assume they are.

no1male

Hi,

sorry to jump on someone else thread but i didn't want to start a new one which is similar to a degree.

I got a conviction nearly 2 years ago for computer misuse (Basically used to work for the police and checked up if my mum still lived at the same house as we had lost contact)

Ive had a good read through the moral turpitude stuff and as many others have figured out, its not the easiest thing to interpret.

I visited the states before which was only 3 years before my conviction.

I didn't get fined or do time for my conviction but had the lowest punishment the court could give as they stated it was such a minor offence. (60 community service/payback)

any answers would be a great help

p.s. again apologies for jumping on your thread!

Tojo_Ralph

no1male wrote: »

I got a conviction nearly 2 years ago for computer misuse (Basically used to work for the police and checked up if my mum still lived at the same house as we had lost contact)

What was the actual charge? ..... Was it Unauthorised access to computer material or unauthorised access to computer material with intent to commit or facilitate commission of further offences?

I would have thought that simply unauthorised use to access data would not fit with the requirement for baseness, vileness, or depravity with regard to a person's duty to another or society.

Not sure about the accuracy of the below but it's more info into the mix .

http://www.michiganlegalaid.org/library_client/other/immigration/immigration_consequences_criminal_conviction_chart/file0/at_download

scottishperson2

no1male wrote: »

I got a conviction nearly 2 years ago for computer misuse (Basically used to work for the police and checked up if my mum still lived at the same house as we had lost contact)

Serious that one especially if it tallys with

US Code § 1030. Fraud and related activity in connection with computers

(a) Whoever— .............................................
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— ..................
(C) information from any protected computer;
................................

shall be punished as provided in subsection (c) of this section.
.............................................

(2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one year

http://www.law.cornell.edu/uscode/18/1030.html

Fraud and dishonesty are a no-no. Petty offenses should kick in IF it tallies with the above.

If, as asked by Tojo Ralph, it involved "Unauthorised access to computer material with intent to commit or facilitate commission of further offences", You're borked.

ferf1223

scottishperson2 wrote: »

you're borked.

word of the day!

Tojo_Ralph

From what no1male has stated, their crime has possibly gone something like this.

They were authorised to access data on the computer in the execution of their duties, however they chose to check a relatives address without good cause.

Now...... If that is the case and I were the OP I'd be ticking "No" but if challenged would be explaining the offence, explaining my research and explaining why I believed I had neither been arrested or convicted of a crime involving Moral Turpitude.

Do we actually know what happens in such a situation if US immigration subsequently deem the offence does involve Moral Turpitude? I cannot believe for one minute they turn folk around.