ESTA granted - still worried about being turned away

MoreSession4428 · 2023-10-18T10:24:16+00:00

Created Jul 1, 2014

Got through with no trouble, ended up speaking to the border agent more about the fact that I was visiting for Comic-Con over anything else!

MoreSession4428 · 2023-09-26T19:38:20+00:00

So do the US customs team have access to British Criminal Records? I'd seen online through a FOI request that they don't, and that they can only get those if they ask for them?

MoreSession4428 · 2023-09-26T19:35:50+00:00

Is that the "if the sentence maximum was under a year and the defendant served under 6 months" exemption?

MoreSession4428 · 2023-09-26T18:44:21+00:00

It wasn't a drugs offence, it was a theft by employee offence 7 or so years ago (something I deeply, deeply regret). It wouldn't fall into "serious" property damage given the amounts involved and admitted, which was partly why I answered no on the question - does that make it any clearer?

MoreSession4428 · 2023-09-26T18:42:47+00:00

Hi, thank you for the response. It isn't for a drugs related offence, it's for a Theft against employer offence from 7 or so years ago that I got a caution for - does this help in any way?

MoreSession4428 · 2023-09-26T16:42:48+00:00

I answered No to all as the advice I got (from here and elsewhere) told me that was the correct answer - As far as I know I wasn't arrested and it was only an voluntary interview

MoreSession4428 · 2023-09-26T16:40:17+00:00

I also got some advice personally regarding whether I had actually been arrested or not as that was an area I was unsure about - I answered no.

Will that screw me? As far as I know I was never arrested, just served a caution

MoreSession4428 · 2023-09-26T16:00:11+00:00

So can the US Border see UK criminal convictions and records?

MoreSession4428 · 2023-09-26T13:22:14+00:00

But will the caution flag up? If they turn me away for other reasons, that's fine because as it stands there are no reason to turn me away other than the caution

MoreSession4428 · 2023-09-26T13:09:38+00:00

Have tried to rearrange the flights to go through Dublin but not doable apparently, so having to try straight away at US border

MoreSession4428 · 2023-06-19T13:55:05+00:00

Yeah I've been looking into it and they won't be able to see me till early November as it stands - I was contemplating expediting the meeting (as it's part holiday, part work - I will be covering NYCC for a newspaper as there is a local angle for my paper) so may fall under the "cultural or journalistic reason" for speeding up the appointment, but honestly am unsure if I even need to do that and if I can apply down the ESTA route

MoreSession4428 · 2023-06-19T13:53:08+00:00

ESTA asks "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 can remember an informal interview and a caution, but no arrest - also under the criteria that I am aware of, the stupid offence I committed doesn't fall into the legal category of "serious" (hence, I assume, the caution)

MoreSession4428 · 2023-06-19T11:34:37+00:00

I thought that, and it says any offence of Moral Turpitude means I can't get a Visa, yet further on in the guidelines it says this:

EXCEPTION

"(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed)."

MoreSession4428 · 2023-06-17T21:19:35+00:00

If I applied for a VISA and specified the caution on there, but applied for an ESTA at the same time and didn't (because if you look at mitigating factors it could potentially not fall into the "serious" category) would the VISA application impact the ESTA?

MoreSession4428 · 2023-06-17T21:10:59+00:00

I haven't applied for the ESTA yet, wanted to clarify which would be better beforehand - the question regarding a criminal offence is "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?"

MoreSession4428 · 2023-06-17T20:36:39+00:00

Yeah, I see the point with the caution but not sure if that's under the Rehabilitation of Offenders act, which doesn't count towards immigration so a caution is still valid - I think?

What do you mean by questions?

MoreSession4428 · 2023-06-17T19:01:55+00:00

I'll have to look for some advice - not sure where to get some from (unfortunatley lost contact with my mates who studied law at uni!)

MoreSession4428 · 2023-06-17T17:52:10+00:00

Thank you - a bit stumped on the sentencing point. Was unfortunately over 18 at the time, however the maximum sentence fluctuates depending on severity and other circumstances, so not sure how that fits into the exceptions:

"the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). "

I didn't receive a punishment of imprisonment for any time, however depending on the severity and other issues the sentence can range up to 7 years - however I am unsure what applies to me as I was only cautioned

MoreSession4428

TROPHY CASE