Criminal Record and America

Claireh11

Myself and my partner are looking to visit America next year and need some advice re a criminal record he has recently been given.

He had a non-molestation order that was broken by means of a phone call. This occurred in July 2018 and though no further breaches were made, he has last week been given a Restraining Order of 18 months in court and rehabilitation to complete.

Will he be able to apply for an ESTA to travel or would he need to apply for a full VISA? Thanks

Voyager2002

You need to check the exact offence in question, and then find out whether the USA considers it to be a "crime involving moral turpitude". Maybe you could consult a US attorney on-line: all I can say is that consulting the US embassy is a complete waste of time. Anyway, the ESTA is not available to people who have been arrested (or convicted) for such a crime.

scrabster

Restraining orders in DC tend to be civil, not criminal. However, if you want to know your exact stance, contact a solictor who knows DC law, or email the nice people who deal with this in the US.


You could have a look here


google civil protection order moral turpitude


open OCT 2 0 2009 - USCIS



Although that will probably just get you to see what you want to see.


Also we don't know what he was arrested for. You need to know that, then align that with DC Code, and see if thats morale turpitude.

SweetPotatoPie

Questions changed a few years ago on ESTA website. If he can answer the questions truthfully then he will be fine. Have you looked at the questions?

headpin

The likelihood is if you ask the US they will advise Visa route. You need to get sorted soon though as potentially a visa can take anything from a couple of weeks (rare) upto 9 months. And that assumes that you are successful with the application.

Or you can just lie on the ESTA application and take a chance. Plead ignorance if challenged. But it is a big risk and boarding and/or entry may be denied.

Voyager2002

headpin wrote: »

The likelihood is if you ask the US they will advise Visa route. You need to get sorted soon though as potentially a visa can take anything from a couple of weeks (rare) upto 9 months. And that assumes that you are successful with the application.

Or you can just lie on the ESTA application and take a chance. Plead ignorance if challenged. But it is a big risk and boarding and/or entry may be denied.

The US embassy will invariably advise getting a visa, partly because they keep the fee. Asking a US-based attorney would probably get a reliable answer.


Lying on the ESTA means lying when you are questioned on arrival: anyone who appears nervous at that point will be questioned in detail until it all comes out. And don't forget that lying at this stage would be taken seriously later if the whole thing comes out for any reason...

shaun_from_Africa

headpin wrote: »

Or you can just lie on the ESTA application and take a chance. Plead ignorance if challenged. But it is a big risk and boarding and/or entry may be denied.

But if the offence in question doesn't fall under crimes involving moral turpitude then answering no on the ESTA form isn't lying.
This is why the OP's partner needs to find out for certain before proceeding any further.

Toucan_toucan

The question doesn't ask about 'moral turpitude' any more. It's changed to something similar to this:

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?" (I found that on a non-official website but know moral turpitude isn't asked because I only did my Esta last week)

Jumblebumble

Toucan_toucan wrote: »

The question doesn't ask about 'moral turpitude' any more. It's changed to something similar to this:

"Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?" (I found that on a non-official website but know moral turpitude isn't asked because I only did my Esta last week)

I don't imagine that a breach of a non molestation order by phone can be interpreted to have caused any serious harm ( the person being phoned could simply have terminated the call !)

I personally would answer no but IANL
I have been to USA many times and never has the subject of criminal record been raised and I have never heard of anyone else who was asked
All they have ever wanted to know is how long I am staying
.
( I am completly clean BTW)

Voyager2002

Jumblebumble wrote: »

I have been to USA many times and never has the subject of criminal record been raised and I have never heard of anyone else who was asked
All they have ever wanted to know is how long I am staying
.
( I am completly clean BTW)

However, if someone seemed nervous and evasive they might be selected for additional questioning, in which case this topic is likely to come up.

nicetomeetyou

I know somebody who wants to travel to Memphis, she's a very talented country singer and she thinks going to Memphis will be her big break. Her Mum has given her the money to go but she was convicted of throwing heroin over a prison wall and sentenced to 12 months in prison. She currently on licence but off her tag now. What are her changes of getting into the USA?