USA Entry ESTA query

ritchie

Hi
i may need to go to the USA for my client for a few weeks.
I am UK passport holder.
However, i realise that one has to apply for a ESTA application for USA entry and declare any convictions etc.

Well i have a caution for assualt (something i am not happy being associated) over 6 years ago.
What do i need to declare and how will i know i will be successful with my application and do i need to tell my client (something i rather not).

thanks

scottishperson2

IF its work related check to see if you can use the VWP first.

ritchie wrote: »

i realise that one has to apply for a ESTA application for USA entry and declare any convictions etc.

Incorrect. You only have to answer the question.

ritchie wrote: »

Well i have a caution for assualt

Question on esta asks

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

So, break that down

1) Have you ever been arrested or convicted for an offense or crime involving moral turpitude

2) Have you ever been arrested or convicted for a violation related to a controlled substance

3) Have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more

4) Have been a controlled substance trafficker

5) Are you seeking entry to engage in criminal or immoral activities?

You are presumably concerned with question 1.

Have you ever been arrested or convicted for an offense or crime involving moral turpitude.

You have been arrested and admitted the offence, so is assault a crime involving moral turpitude.

It can be, and the FAM manual (what CBP work to) states

Crimes committed against the person, family relationship, and sexual morality, which constitute moral turpitude as it relates to visa issuance, include
:
(3) Assault (this crime is broken down into several categories, which involve moral turpitude):

(a) Assault with intent to kill;
(b) Assault with intent to commit rape;
(c) Assault with intent to commit robbery;
(d) Assault with intent to commit serious bodily harm; and
(e) with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.);

b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:

(1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);

If you intend to say NO to the question, get details of the arrest and caution from the police, BUT only use it if necessary. You only have to answer questions truthfully, not volunteer information.

No-one but you knows the circumstances of this incident, and at the end of the day you must decide what area it falls into, and if you need a visa. And if you cannot decide, then get legal help, or apply for a visa.

littlereddevil

Depends what you mean for "a few weeks"
Esta is only valid for stays up to 90 days

newfoundglory

OP - i'm almost certain you don't quality for the visa waiver program ("ESTA" as its now called). You would need to apply for a visa and go to the US Embassy.

If you chance it and rock up at US immigration with a ESTA (because you lied on the form) - if discovered they WILL send you straight back to the UK on the next available flight and would probably bar you from visiting the US ever again (you know how paranoid the Americans are!)

scottishperson2

newfoundglory wrote: »

OP - i'm almost certain you don't quality for the visa waiver program

What makes you so certain.

ritchie wrote: »

i have a caution for assualt

I'll quote from the people who run this system

b. Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:

(1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);

Assault(simple) is NOT a CiMT, therefore a person with an arrest of conviction which falls into this category can use the VWP (assuming that the only concern is that of a CiMT).

newfoundglory wrote: »

If you chance it and rock up at US immigration with a ESTA (because you lied on the form) - if discovered they WILL send you straight back to the UK on the next available flight

WILL should read MAY. They WILL take you to secondary and question you about the arrest, then decide.

newfoundglory wrote: »

and would probably bar you from visiting the US ever again

No. Thats not how the system works. There is also a massive difference between "willfully or fraudulently misrepresents a material fact" and making a mistake. The first brings you into the territory of requiring a waiver of inadmissability, the second doesn't.

shaun_from_Africa

One other thing to bear in mind which may affect you. (unlikely, but best to make sure).

I am UK passport holder.

Simply being a UK passport holder isn't enough to qualify you for an ESTA. You must be a British citizen and not a British subject.

My mother was born in Eire and has lived in the UK for about 50 years, and although she has a UK passport, this states that she is a British subject. (she is entitled to apply for citizenship, but has never got around to it).
Because of this she had to apply for a visa when she visited the USA.
SHe has since got an Irish passport which shows that she is an Irish citizen so can get an ESTA on this passport,

ritchie

Thank you for your replies in good faith.

I would only be going for 2 weeks, with some potential for another trip the following month for 2 weeks again.

My assault caution was not involving any weapon and was a from my ex (allegations, anyway thats another story not to do with thread).

So i guess i need to apply for an ESTA and not eligible for visa waiver. This makes me think what should i tell my client if they ask why i need an ESTA?
I am prepared to answer the ESTA honestly as possible but does that mean i could be refused entry on arrival (even on a business trip?).

Do i need to disclose any further information to my client? (they have no asked for anything so far, but if they find out i risk being barred from future work (i dont work with kids))

scottishperson2

ritchie wrote: »

So i guess i need to apply for an ESTA and not eligible for visa waiver.

Do you mean visa? ESTA is the Electronic System for Travel Authorization, which lets you travel to the US to see if they let you in. Unless you have a visa, you need an ESTA.

On what grounds do you feel you need a visa, the assault or the work?

ritchie wrote: »

This makes me think what should i tell my client if they ask why i need an ESTA?.

Everyone needs an ESTA, (leaving aside the assault) depending on exactly what you are doing in the US, you may need a visa.

ritchie wrote: »

I am prepared to answer the ESTA honestly as possible but does that mean i could be refused entry on arrival (even on a business trip?).

Yes.

ritchie

Think i got myself confused between ESTA and the visa.

I will be doing office work if this trip goes ahead. SO from what you so everyone needs an ESTA completed. Do i need to fill in anything else above this?

jackieblack

ritchie wrote: »

Think i got myself confused between ESTA and the visa.

I will be doing office work if this trip goes ahead. SO from what you so everyone needs an ESTA completed. Do i need to fill in anything else above this?

Anyone travelling to the USA who is eligible to travel under the Visa Waiver Program (and therefore not needing a visa) needs an approved ESTA ($14).

Anyone not eligible to travel under the VWP, needs to apply for a visa.

dzug1

You will also need to fill in the airline's API (Advance Passenger Informatiom) form - they should prompt you to do this. Probably when you book the tickets


The other question is whether you will be visiting the US on business (ESTA/VWP is fine) or working in the US - visa needed. There is a difference - depends on who is paying you and where you are being paid, to oversimplify it.