US travel & ESTA

Salapandajane

Hi,

I need some advice. My husband & I are planning to visit New York in February & are confused by the ESTA requirement.

The last time we went in 1999 he needed a Visa for a criminal offence he committed back in 1990 (he kicked a door down - nothing major).

So now, am I right in presuming he will still need a Visa to travel to the US? Does this mean he doesn't need an ESTA?

Thanks.

aspencer6

Yes he will and you need to get on with it now. It has all changed since he got his last visa.

Salapandajane

Salapandajane wrote: »

Hi,

I need some advice. My husband & I are planning to visit New York in February & are confused by the ESTA requirement.

The last time we went in 1999 he needed a Visa for a criminal offence he committed back in 1990 (he kicked a door down - nothing major).

So now, am I right in presuming he will still need a Visa to travel to the US? Does this mean he doesn't need an ESTA?

Thanks.

Hi - thanks for replying. When you say "yes" do you mean yes to JUST having to apply for a visa, or does he need to do an ESTA application too? I don't think he does need to do an ESTA as isn't it a visa waiver program?

globetraveller

If you get the visa you don't need the ESTA

dannny_2

aspencer6 wrote: »

Yes he will and you need to get on with it now. It has all changed since he got his last visa.

Care to explain why you believe his crime falls into the realms of moral tupitude.

All we know is that "he kicked a door down"

On that statement alone no-one has the required facts to state whether or not its a crime involving moral turpitude. At the least he needs a memorandum of conviction to see what he was actually conviction of.


On whether or not he needs a visa, hes in the nasty loop of having had one previously, so any attempt to tick "no" to the CiMT question on esta will show up, regardless of whether its a CiMT or not.

aspencer6

Salapandajane wrote: »

Hi - thanks for replying. When you say "yes" do you mean yes to JUST having to apply for a visa, or does he need to do an ESTA application too? I don't think he does need to do an ESTA as isn't it a visa waiver program?

Sorry, yes he will need a visa he cannot get an ESTA. Once you have had a visa for a conviction he will need to keep getting one to enter into the USA. My husband got his first one in 2001, before 9/11. It was straight forward all done by post. Now it's a much more complicated, costly and expensive process and it can take alot of time to sort out. He will need to visit the US embassy in London or Belfast depending on which you choose to use.

dannny_2

aspencer6 wrote: »

Sorry, yes he will need a visa he cannot get an ESTA. Once you have had a visa for a conviction he will need to keep getting one to enter into the USA.

If he is eligible to use the VWP then he is eligible.
Your second assumption is speculative.

Best thing the OP can do is actually email CBP and ask them.

aspencer6

dannny wrote: »

If he is eligible to use the VWP then he is eligible.
Your second assumption is speculative.

Best thing the OP can do is actually email CBP and ask them.

According to the OP her husband had a visa because of a conviction that makes him ineligible to use the VWP. He could lie and fill in the ESTA and state he doesn't have any convictions but once someone has had a visa surely they will have that on record?

dannny_2

aspencer6 wrote: »

According to the OP her husband had a visa because of a conviction that makes him ineligible to use the VWP. He could lie and fill in the ESTA and state he doesn't have any convictions but once someone has had a visa surely they will have that on record?

Sorry, I wasn't getting at you.

Her husband had a visa because (I assume) he was advised he needed one. However, whether his conviction prevents him from actually using the VWP scheme is a different matter altogether.

A certain embassy advises (wrongly) that you need a visa if you have ever been arrested.

I would never tell anyone to lie!

The fact that he has previously travelled with a visa will be known to CBP (who operate this scheme), and will be flagged on the system.

However, due to the fact we only know "he kicked a door down", instead of him having to go through the process of having to apply for visas - at some expense, the best bet would be to email CBP for there advice.

Although CBP advice isn't legally binding, if CBP says its not moral turpitude, then he can tick NO on the ESTA.

GwylimT

He most likely does need a visa and you will need to apply asap, what you can do is arrange a telephone conference with the American embassy and they can clear up exactly what you need before hand. If he risked just doing an ESTA once arriving in the states this would become clear at immigration as it will have been recorded on his previous visits visa entry.

shaun_from_Africa

dannny wrote: »

Although CBP advice isn't legally binding, if CBP says its not moral turpitude, then he can tick NO on the ESTA.

Don't forget that it's not only moral turpitude crimes that have to be stated.
If the reason for kicking the door down was in any way connected to illegal drugs then it has be be declared, and you also have to declare if you have been conviced or arrested for 2 or more offences where the total jail time could have been in excess of 5 years.

I realise that it's extremely unlikely that the above cases will apply to the OP's hubby, but I just thought it was worth mentioning.


I have dual nationality (UK and Irish), and have a passport for each and I have a US visa in my UK passport and have a ESTA for my Irish one.
I've only travelled into the US on the Irish passport once, but as soon as I arrived at the immigration desk, they asked why I was coming in on a passport with an ESTA and not on the passport with the visa.
All I can think is that they must have connected the 2 by using my name and DOB.
As the OP's husband has already had a visa issued, I'm sure that it will get flagged up if they arrive with an ESTA, although if they are upfront if questioned, it hopefully won't cause any problems.