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You must apply for an ESTA online to enter the USA after 12 Jan 2009

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Comments

  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Can you enter the USA from the UK if you have been arrested relating to a crime of Moral turpitude?


    Effectively no.

    You can apply for a visa but the chances of it being granted are slim. The best you could hope for is a 'wait until the outcome of the case' response rather than an outright refusal.

    You would be refused an ESTA if you answered the question truthfully.
  • Although the question should be asked, do you know for definate it's a crime involving moral turpitude.
  • helenmcneill_2
    helenmcneill_2 Posts: 40 Forumite
    edited 23 August 2010 at 11:10PM
    After researching for my friend it comes under
    Crimes Committed Against Governmental Authority
  • On the Esta form it says:

    "Waiver of Rights: I have read and understand that I hereby waive for the duration of my travel authorization obtained via ESTA any rights to review or appeal of a U.S. Customs and Border Protection Officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program.

    In addition to the above waiver, as a condition of each admission into the United States under the Visa Waiver Program, I agree that the submission of biometric identifiers (including fingerprints and photographs) during processing upon arrival in the United States shall reaffirm my waiver of any rights to review or appeal of a U.S. Customs and Border Protection Officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any removal action arising from an application for admission under the Visa Waiver Program."

    If i have understood this correctly, it means u wouldn't be able to appeal against a decision to deny u entry to the US, even if it were an unfair decision. This seems really unfair. Is there no way around this, i.e. of legitamately applying to enter the US but retaining your right to appeal if you believe an unfair decision has been made?
  • whatajoke1
    whatajoke1 Posts: 145 Forumite
    On the Esta form it says:
    ..............

    If i have understood this correctly, it means u wouldn't be able to appeal against a decision to deny u entry to the US, even if it were an unfair decision. This seems really unfair. Is there no way around this, i.e. of legitamately applying to enter the US but retaining your right to appeal if you believe an unfair decision has been made?

    That is correct, there is no right of appeal on the VWP, CBP have the final say.

    You CAN appeal to an immigration judge if you have a visa though,
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    If i have understood this correctly, it means u wouldn't be able to appeal against a decision to deny u entry to the US, even if it were an unfair decision. This seems really unfair. Is there no way around this, i.e. of legitamately applying to enter the US but retaining your right to appeal if you believe an unfair decision has been made?

    Yes there is - you apply for a visa instead of trying to enter using ESTA/VWP
  • whatajoke1
    whatajoke1 Posts: 145 Forumite
    dzug1 wrote: »
    Yes there is - you apply for a visa instead of trying to enter using ESTA/VWP

    Which, in the case of a B2, would normally be denied.
  • pd53
    pd53 Posts: 33 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    sorry if its been posted before (i dont fancy reading 36 pages of a thread!), but martin's guide said that you need a flight number.

    I have no current plans to go to the USA, but intend to within the next two years.

    Is it best to give a date two years away e.g. 25 august 2012 and make up a flight number, which can then be amended?

    If I dont happen to get to the USA in the next two years, will not arrivign on the date i have specified affect my entry?
  • Raven
    Raven Posts: 1,729 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    PD53 . . .


    You only need to put in your own details, the flight etc is not marked as compulsory - so can be left blank.


    Raven
    I'd like to teach the World to sing in perfect Harmony :grin: :j :D:)
  • I've been toying with the idea of travelling to the USA so decided to apply just in case. The application took less than 5 minutes, and was immediately accepted.
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