Question about esta

dzug1

Well according to wiki, juvenile delinquency is not moral turpitude.

Damaging private property is not either - unless there was malicious intent, when it is.

dannny_2

ESTA eligibility and admissibility are two different things though.

You may be ineligable to use ESTA, but not need a waiver of ineligibility due to juvenile delinquency. It just means you can't use the VWP.

I'd be interested to find out if this child was arrested.

mgdavid

have you digested and acted on the advice in post #2?
If not, why not? I would.

claire16c

mgdavid wrote: »

have you digested and acted on the advice in post #2?
If not, why not? I would.

But you can work out what will happen before you apply.

If you tick yes to the question it won't approve you, if you tick no it will.

It's just a computer form.

It's deciding whether to say yes or no is the problem - and if you are going to say yes there's no point in filling it in.

Focusmum

I have been discussing with my husband and going over it all and realise that son was not arrested.
Police came to house initially on the Saturday 7/7/12 and took a statement. Returned on the Thursday 12/7/12 and said they had enough evidence to charge him. Read him the "I'm charging you with..." Then left. The whole thing was so harrowing for us. I was devastated and now worry for his future.
Received a letter a couple of weeks later, a Juvenile Warning Letter:

It has been reported to me that you were responsible for vandalism on 14/6/12.
It is my job to make sure that any young person that commits a crime is made aware of the consequences of their actions. This is a serious matter which has affected everyone involved and I want you to think about that. It has caused pain and inconvenience for the victim and has taken up a considerable amount of police time. This is not acceptable.
As you have admitted committing the offence that you were charged with (I phoned about this cause at no point did he admit it. He vehemently denied it. And I was told that it was a standard letter, but should have had a different paragraph here.) this letter is to be your warning. This is a chance for you to change your behaviour and make sure that you do not get into trouble again.
The details of this incident have been recorded and they will be kept by me. If any police officer has cause to report you for another crime, I will pass your details to the Children's Panel, and they will deal with you accordingly.

And that was signed by PC Ballantine, a Juvenile Liason Officer.

Haven't done anything yet - currently waiting for his new passport to arrive. I think I really need to find out if he is on their computer.
If he was successful in his ESTA but then got turned away at airport, we would be devastated. And if something like that did happen then yeah I would have to stay behind with him. And husband and youngest son and my parents would have to go without us. So I really don't want to wait til the airport to find out.
Thanks for all replies.

dannny_2

If he was never arrested or convicted for an offence that he can tick no to the question on ESTA.

Also get that letter changed now, if necessary complain to your MP if they refuse to change it. That letter can come back to bit him in later years.

TonyMMM

He is 9 years old , he is alleged to have thrown a stone. He is under the age of criminal responsibility.

He wasn't arrested, charged or convicted.

He has had the "frightener" visit from the police and a letter saying - "you've been naughty, don't do it again".

This will not wreck his life, or stop him travelling.

Whilst the local juvenile team may keep a note of the name, this will not go anywhere near the PNC.

Time to get some perspective and enjoy your holiday.

peachyprice

Focusmum wrote: »

I think I really need to find out if he is on their computer.
If he was successful in his ESTA but then got turned away at airport, we would be devastated.

This isn't going to happen. Homeland security don't have open access to the UK PNC network, they can request information on someone they see as suspect and there are certain crime categories that they do have access to, but that will not include records of warnings given to 9yo children.

Do unless your child causes vandalism whilst waiting in the immigration queue they will have no cause to investigate him at all and will not stop him from entering the country as long as he has a valid ESTA.

Marmaduke123

peachyprice wrote: »

This isn't going to happen. Homeland security don't have open access to the UK PNC network, they can request information on someone they see as suspect and there are certain crime categories that they do have access to, but that will not include records of warnings given to 9yo children.

Do unless your child causes vandalism whilst waiting in the immigration queue they will have no cause to investigate him at all and will not stop him from entering the country as long as he has a valid ESTA.

Just put it all out of your mind, apply for your estas, and enjoy your holiday. He wasn't arrested, charged or convicted, there is no issue with an esta.

I can understand how traumatic it must have been at the time, but you need to move on and forget it.

Focusmum

In scotland the age of criminal responsibility is 8, but age of criminal prosecution is 12. Its just it seemed pretty serious to me when they charged him.