ESTA and Criminal Record?

Sophie94x

Hi everyone,

Looking at going to New York from the UK in March 2017 and have a query which I can't seem to find the answer online! My boyfriend (who I will be travelling with) has a criminal record.... in February/March 2012 he was convicted of common assault. He was given a fine and community service and that was the end of it.

From experience or knowledge, are you able to advise me whether this is going to cause his ESTA to be denied and he will need to apply for a full Visa?

Thank you

dzug1

There isn't really any satisfactory answer to this.

It depends on how he answers the questions on the ESTA form but potentially yes. It turns on whether his offence was moral turpitude or not. From what you say it probably wasn't

The US London Embassy would advise him to apply for a visa anyway so they can decide on the moral turpitude issue - which is a waste if it isn't

Sophie94x

Could you please in simple terms what moral turpitude is? Thank you

agrinnall

A search engine will find you the answer easily enough.

For example, from Wikipedia:

"conduct that is considered contrary to community standards of justice, honesty or good morals"

https://en.wikipedia.org/wiki/Moral_turpitude

alanrowell

agrinnall wrote: »

A search engine will find you the answer easily enough.

For example, from Wikipedia:

"conduct that is considered contrary to community standards of justice, honesty or good morals"

https://en.wikipedia.org/wiki/Moral_turpitude

Which as a rigorous definition is as clear as mud.

The reality is two fold

1) Unless it's a serious crime the US won't know about it
2) If they do find out (and it's surprising the number of people who do blab this out) then they have a nice federal offence to chuck you out of the country with.

wazza99

If you answer the questions on the ESTA honestly it will almost 100% be approved and nothing more will be said or occur. As many do with criminal charges every year. If you say yes to the crime question it WILL be refused, but its does ask serious (moral turpitude) not any crime.

By doing so your effectively deciding what is and isn't a serious crime. I believe a basic common assault has already been determined as not moral turpitude, but cant find the link atm.

If you can't/wont your only option is apply for a VISA which the embassy will always advise in these cases so no point rining them, they then in turn make the decision for you. At least you have time should you decide to do this.

FOR INFO

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

(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);
(2) Illegitimacy (i.e., the offense of begetting an illegitimate child);
(3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);
(4) Incest (when a result of a marital status prohibited by law);
(5) Involuntary manslaughter (when killing is not the result of recklessness);
(6) Libel;
(7) Mailing an obscene letter;
(8) Mann Act violations (where coercion is not present);
(9) Riot; and
(10) Suicide (attempted).

As people will say its neither clear or helpful on either site as both seems to contradict. The embassy site says "any crime is advised to get a visa" the ESTA says serious crime, bear in mind the embassy only says "advised" not must.