ESTA or VISA ???

ferf1223

Bri1 wrote: »

Apply for an ESTA online for the minimal cost involved (they last for 2 years) & see what happens, answer is in minutes, if it's a positive outcome job done, if negative simply then apply for a Visa

sorry but that is incorrect...the online application just looks at the answers you give to the questions...that's it....the OP's question was about how to honestly answer the ESTA question and the potentially conflicting information regarding needing a visa for a conviction if not a crime of moral turpitude.

if you answer yes on the ESTA question you'll not receive authorisation no matter what the circumstances may be.

claire16c

Bri1 wrote: »

Apply for an ESTA online for the minimal cost involved (they last for 2 years) & see what happens, answer is in minutes, if it's a positive outcome job done, if negative simply then apply for a Visa

That's not what the OP is asking.

Anyone can get an approved Esta as long as they're not on a watch list etc

The op needs to know whether to apply for it or not. If he does he clearly isn't going to tick yes to the questions that would be a pointless exercise!

dannny_2

Looking at District of Columbia codes the offense may come under

2012 District of Columbia Code Section 22-404
Assault or threatened assault in a menacing manner; stalking

(a)(1) Whoever unlawfully assaults, or threatens another in a menacing manner, shall be fined not more than $1,000 or be imprisoned not more than 180 days, or both.

Then see

http://shusterman.com/pdf/cmt04.pdf

sections 5 and 6 on pages 10 and 11

From that I would reasonably beleive the crime was not one of moral turpitude.

dzug1

But the District of Columbia is not in Florida.......

Mulder00

I'm not sure what the answer is to the original question, but in terms of visas, both my partner and I require visas and we applied together. Partner's visa was processed and passport returned in three days.

My visa on the other hand went into administrative processing. There's VERY little information available on this, especially for non-immigrant visas and what it means.

The processing started March 2013 and eventually we had to completely change our plans and get my passport back from the embassy. Finally on 17 December, they asked for my passport back in order to complete processing.

They say it generally doesn't take longer than six months, but in my case it did.

If you are going to go the visa route, do it sooner rather than later. I'm not saying your application will also take so long, but rather safe than sorry!!

dannny_2

dzug1 wrote: »

But the District of Columbia is not in Florida.......

Any foreign convictions are seen as "occuring" in the District of Columbia. Any US convictions are seen as occuring in the state they occured.

For example, is one state has a maximum sentence of 2 years for a particular crime, and the District of Columbia has a maximum of 6 months, then Petty Offense Exception could be used.

If the offense occured in the state with the maximum sentence of 2 years, Petty Offense Exception could not be used.

shaun_from_Africa

According to this US Gov't website:
http://www.state.gov/documents/organization/86942.pdf

common assault is not a MT crime.

9 FAM 40.21(a) N2.2 Defining "Moral Turpitude"

[FONT=Verdana,Verdana][FONT=Verdana,Verdana](CT:VISA-1506; 09-07-2010) [/FONT][/FONT]
[FONT=Verdana,Verdana][FONT=Verdana,Verdana]Statutory definitions of crimes in the [/FONT][/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]United States consist of various elements, which must be met before a conviction [/FONT][FONT=Verdana,Verdana]can be supported. Some of these elements have been determined in judicial or [/FONT][FONT=Verdana,Verdana]administrative decisions to involve moral turpitude. A conviction for a [/FONT][FONT=Verdana,Verdana]statutory offense will involve moral turpitude if one or more of the elements of [/FONT][FONT=Verdana,Verdana]that offense have been determined to involve moral turpitude. The most common [/FONT][FONT=Verdana,Verdana]elements involving moral turpitude are: [/FONT][/FONT]
[FONT=Verdana,Verdana][FONT=Verdana,Verdana](1) Fraud;[/FONT]
[FONT=Verdana,Verdana](2) Larceny; and [/FONT]

[FONT=Verdana,Verdana](3) Intent to harm [/FONT][FONT=Verdana,Verdana]persons or things[/FONT][FONT=Verdana,Verdana]. [/FONT]

a. 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) Assault with a dangerous or deadly weapon


[/FONT]

dzug1

AFAIUI Administrative Processing means 'this case is too difficult for us to decide on our own, we'll have to ask HQ'. That is, they are unsure whether it is MT or not - or more likely it is but there is a reasonable chance that it can be 'pardoned' and the visa issued anyway.


Exactly what they do in the elapsed time - pass.

marco_79

As the OP I wanted to update all that were kind enough to over advice on how to resolve this issue.

I did email CBP with the details and they asked me to scan in an ACOP and send it to them. They emailed back saying I would need to apply for a Visa which ties in with the US embassy site.

I did that and the process was all straight forward.

I had the interview in Belfast this morning and I was granted a 10yr Visa. I will get it in 4-5 days time. The interview touched on the old conviction but quickly moved on to how much the kids are looking forward to the trip. The were actually very friendly.

My guidance to others is this. If you have any convictions where there is any doubt at all on the MT question and you want peace of mind , apply for the visa. I'm glad I did it now and don't have to do it again for 10yrs.

Marco.

headpin

marco_79 wrote: »

As the OP I wanted to update all that were kind enough to over advice on how to resolve this issue.

I did email CBP with the details and they asked me to scan in an ACOP and send it to them. They emailed back saying I would need to apply for a Visa which ties in with the US embassy site.

I did that and the process was all straight forward.

I had the interview in Belfast this morning and I was granted a 10yr Visa. I will get it in 4-5 days time. The interview touched on the old conviction but quickly moved on to how much the kids are looking forward to the trip. The were actually very friendly.

My guidance to others is this. If you have any convictions where there is any doubt at all on the MT question and you want peace of mind , apply for the visa. I'm glad I did it now and don't have to do it again for 10yrs.

Marco.

Well done Marco. I hope you and the family enjoy the trip. However, although you may have ben granted a 10 year Visa it will in effect expire with your current Passport. So, if you have a fairly new issued Passport you will get nearly 10 years (or maybe 10 years if you had the balance of your previous Passport included). However, if your current Passport with the Visa expires in say 3 years then your Visa will expire with it and you'll have to apply again. I also believe that the US are currently changing/reviewing their Visa rules and they may not issue 10 year and/or indefinite Visa's in future and you may need to apply for each trip?