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ESTA and a youth reprimand


ESTA and a youth reprimand

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shakey00
shakey00
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Deb S - 16 Jul 19 8:46 AM
shakey00 - 12 Jul 19 1:33 PM
Hello

I know variances on this question have been asked before but I haven't found an answer that quite fits my circumstances.

I would like to know if I am eligible for the ESTA program to visit from the UK to US. Aged 14 (2007) I received a reprimand for theft and for making false representation for swapping some tags in a store. I know that a reprimand in the UK is not a sentence, nor is it a criminal conviction, but does involve an admission of guilt.

When answering the question about ''serious damage to property," can I truthfully say no? I, subjectively speaking wouldn't call it serious but I know that theft can be considered moral turpitude.

However, when looking at - (U) INELIGIBILITY BASED ON CRIMINAL ACTIVITY, CRIMINAL CONVICTIONS AND RELATED ACTIVITIES - INA 212(A)(2)It says:Juveniles who were under the age of 15 at the time of commission of acts constituting a juvenile delinquency, are not to be considered as having been convicted of a crime.  Therefore, no alien may be found inadmissible under INA 212(a)(2)(A)(i)(I) for any juvenile delinquency committed prior to the alien’s 15th birthday.

So as I was under 18, and indeed under 15 can I answer no? I also received a conditional discharge for common assault in 2017 but I understand this isn't considered a crime involving moral turpitude (thanks Unlock!). Obviously I want to avoid the visa route, but it's important to get this right. 

Thanks for reading and replying. 

Hi Shakey

Welcome to the Unlock Forum.

Although the offence of theft and making false representation would be considered a crime involving moral turpitude (CIMT), common assault wouldn't be. As you've mentioned however, an offence committed when you were aged 14, would be considered one of 'juvenile delinquency' and means that you could travel to the US using an ESTA. 

Hope this helps but feel free to contact the Unlock helpline if you need any further information.

Have a great holiday.

Debs 



Thanks Debs

Your guidance is hugely helpful and reassuring.

Debbie Sadler
Debbie Sadler
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Posts: 404, Visits: 5.1K
shakey00 - 12 Jul 19 1:33 PM
Hello

I know variances on this question have been asked before but I haven't found an answer that quite fits my circumstances.

I would like to know if I am eligible for the ESTA program to visit from the UK to US. Aged 14 (2007) I received a reprimand for theft and for making false representation for swapping some tags in a store. I know that a reprimand in the UK is not a sentence, nor is it a criminal conviction, but does involve an admission of guilt.

When answering the question about ''serious damage to property," can I truthfully say no? I, subjectively speaking wouldn't call it serious but I know that theft can be considered moral turpitude.

However, when looking at - (U) INELIGIBILITY BASED ON CRIMINAL ACTIVITY, CRIMINAL CONVICTIONS AND RELATED ACTIVITIES - INA 212(A)(2)It says:Juveniles who were under the age of 15 at the time of commission of acts constituting a juvenile delinquency, are not to be considered as having been convicted of a crime.  Therefore, no alien may be found inadmissible under INA 212(a)(2)(A)(i)(I) for any juvenile delinquency committed prior to the alien’s 15th birthday.

So as I was under 18, and indeed under 15 can I answer no? I also received a conditional discharge for common assault in 2017 but I understand this isn't considered a crime involving moral turpitude (thanks Unlock!). Obviously I want to avoid the visa route, but it's important to get this right. 

Thanks for reading and replying. 

Hi Shakey

Welcome to the Unlock Forum.

Although the offence of theft and making false representation would be considered a crime involving moral turpitude (CIMT), common assault wouldn't be. As you've mentioned however, an offence committed when you were aged 14, would be considered one of 'juvenile delinquency' and means that you could travel to the US using an ESTA. 

Hope this helps but feel free to contact the Unlock helpline if you need any further information.

Have a great holiday.

Debs 




Need Unlocks advice? Visit our self-help information site or contact our helpline
shakey00
shakey00
Supreme Being
Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)Supreme Being (211 reputation)

Group: Forum Members
Posts: 2, Visits: 11
Hello

I know variances on this question have been asked before but I haven't found an answer that quite fits my circumstances.

I would like to know if I am eligible for the ESTA program to visit from the UK to US. Aged 14 (2007) I received a reprimand for theft and for making false representation for swapping some tags in a store. I know that a reprimand in the UK is not a sentence, nor is it a criminal conviction, but does involve an admission of guilt.

When answering the question about ''serious damage to property," can I truthfully say no? I, subjectively speaking wouldn't call it serious but I know that theft can be considered moral turpitude.

However, when looking at - (U) INELIGIBILITY BASED ON CRIMINAL ACTIVITY, CRIMINAL CONVICTIONS AND RELATED ACTIVITIES - INA 212(A)(2)It says:Juveniles who were under the age of 15 at the time of commission of acts constituting a juvenile delinquency, are not to be considered as having been convicted of a crime.  Therefore, no alien may be found inadmissible under INA 212(a)(2)(A)(i)(I) for any juvenile delinquency committed prior to the alien’s 15th birthday.

So as I was under 18, and indeed under 15 can I answer no? I also received a conditional discharge for common assault in 2017 but I understand this isn't considered a crime involving moral turpitude (thanks Unlock!). Obviously I want to avoid the visa route, but it's important to get this right. 

Thanks for reading and replying. 
GO


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