US travel & ESTA

Voyager2002

GwylimT wrote: »

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.

No: you can't just get telephone advice from the US embassy, and they ALWAYS tell people to get a visa, even when their arrest or conviction was for a crime NOT involving "moral turpitude" so that no visa is needed.

The fact is, "just kicking a door down" is not a crime involving moral turpitude, so he may have been wrongly advised to get a visa last time, or the crime may have been more serious than the OP suggests.

Voyager2002

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.

Firstly, find out EXACTLY what crime you husband committed. Then find out whether that is "a crime involving moral turpitude": people on this board probably know, although you should get more expert advice as well. And don't rely on what the US embassy says, because they always tell people to get a visa.

If a visa is not actually needed, be sure that he carries evidence of the exact conviction when travelling: the fact that he had a visa in the past means that he will certainly be stopped and questioned, and needs to be able to explain that he got a visa in error and the precise conviction involved.

GwylimT

Voyager2002 wrote: »

No: you can't just get telephone advice from the US embassy, and they ALWAYS tell people to get a visa, even when their arrest or conviction was for a crime NOT involving "moral turpitude" so that no visa is needed.

The fact is, "just kicking a door down" is not a crime involving moral turpitude, so he may have been wrongly advised to get a visa last time, or the crime may have been more serious than the OP suggests.

You can, I'm going there in just under a month with my son and all arrangements were made via conference call with the American embassy in London. Due to my son being ill he needs a visa as he will be using American health care facilities, never had to visit the embassy in person, all was done over the phone and the relevant documents were posted to me, signed, and sent back. There was question as to whether I would need a visa as due to an array of medical conditions it could be deemed that I would take advantage of their health system, but I don't, the embassy arranged for me to have the standard ESTA alongside special notation for extraordinary circumstances.

dannny_2

GwylimT wrote: »

Due to my son being ill he needs a visa

We're talking about criminality here though. Those calls go through a scottish call centre, not through the embassy. Only advice the call centre can give is that you need to get a visa.

Voyager2002 wrote: »

The fact is, "just kicking a door down" is not a crime involving moral turpitude

9 FAM 40.21(a) N2.3
-
1 Crimes Committed Against Property

Other crimes committed against property involving moral turpitude
involve an inherently evil intent, such as the act of arson.
The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance:
''''''''''
(10) Malicious destruction of property;

However

http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/AmEmbassy_London_visa_webchat11.pdf

Q:
Can I still come to America if I have a criminal damage caution?
A:
A caution for criminal damage is not a CIMT. If this is the only caution you have ever received, you are not ineligible to travel on VWP.

Malicious Mischief. Rodriquez-Herrera v. INS, 52 F.3d 238 (9th Cir.1995). Washington Criminal Statute 9A.48.080(1)(a) and 9A.04.110(12).

The bare presence of some degree of evil intent is not enough to convert a crime that is not serious into one of moral turpitude. In this case some automobiles were damaged and the court found the act did not have the required baseness or depravity and therefore was not a CIMT.

The first answer on the web blog states

Q:
Can anyone help me in relation to a visa query. I paid for a 10 year visa due to a criminal record in which I had. Does this mean I have to apply for ESTA for my next trip to the US?
A:
If you have a current 10-year visa you do not need to fill in the
online ESTA form. If your visa has expired, filling out the online form would depend upon your criminal record. If it’s a crime of moral
turpitude, such as theft, shoplifting, GBH, etc., or a conviction for anything drug related, you will need to apply for a visa with the Embassy.

You can see how advice changes over time from the US embassy. In 2009 it was

Q:
I have a criminal record can I still go to the USA on holiday?
A: Perhaps, but you will have to apply for a visa first. Travelers with criminal records are not permitted to travel under the Visa Wavier Program. Please see our website,...., for more information about how to apply for a visa.