theForum

ESTA - New wording from Moral turpitude to serious damage/


https://forum.unlock.org.uk/Topic26606.aspx

By Cookie - 24 Nov 19 7:32 PM

Why is this question so subjective to who answers it? It would be so much easier if it was like the AUS method of "have you been to prison for more than 12 months".

So the new question for criminal records is has now changed to:
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 have a common assault charge from 10 years ago so I'm pretty sure this is going to be a NO. At the same time what are the chances of the immigration guy thinking otherwise in terms of seriousness/classification of the crime?

What do you think is the best plan for USA entry - i think i should be fine for a ESTA - do you agree?

Thank you
By Leigh - 5 Oct 26 10:23 PM

Cookie - 24 Nov 19 7:32 PM
Why is this question so subjective to who answers it? It would be so much easier if it was like the AUS method of "have you been to prison for more than 12 months".

So the new question for criminal records is has now changed to:
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 have a common assault charge from 10 years ago so I'm pretty sure this is going to be a NO. At the same time what are the chances of the immigration guy thinking otherwise in terms of seriousness/classification of the crime?

What do you think is the best plan for USA entry - i think i should be fine for a ESTA - do you agree?

Thank you

Hi Everyone,

Just picking up in this subject again... 

As mentioned in the original post, I understand you are now asked the following question when applying for ESTA...

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'm afraid that I have 2 historical convictions for ABH. The first was 30 years ago and resulted in a conditional discharge. The second was 23 years ago and resulted in 6 months imprisonment. The incidents both resulted in bruising and the second in an injured finger but fortunately nobody was hospitalised. I'm pleased to say that that I've since got my act together and have not had any issues with the law since then.

On this basis, do you think I would be required to answer yes to this question?  Does abh constitute serious harm?

There is a US Customers and Border Protection (CBP) email address you can direct queries to, which I've done, but they just replied "The Traveler Communications Center cannot provide any advice on specific admissibility issues. All visitors to the United States are determined by the Customs and Border Protection Officers at the port of entry/border. However, it asks ""have you ever been arrested or convicted for a crime that resulted in serious damage to property”. You must carefully review this question and respond according to what your situation is."

I'd also appreciate any insights people might have on the following...

- If I were to answer 'no' to the question in the belief that the injuries caused we're not "serious', do you think it is likely or unlikely that the convictions would come to the attention of the US authoroties and I would have a problem upon arrival in the US?

- If I were questioned by immigration officials upon arrival, would it be best to admit to the historic offences and say I answered 'no'i to the question in good faith? Or would it be better to not disclose any historic convictions and hope they are not going to go to the lengths of requesting details of my record from the uk authorities. I would be inclined to answer their questions honestly but worry I could be dropping myself in it unnecessarily and could be turned away.

- Do you think I'd be better off trying to apply for a visa than going down the ESTA route? Or, is this likely to be more problematic?  I'm hoping to join some friends for a 10 day holiday in Florida in January.

Any help or thoughts would be much appreciated.

Lee