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ESTA - New wording from Moral turpitude to serious damage/


ESTA - New wording from Moral turpitude to serious damage/

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AB2014
AB2014
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JASB - 28 Jan 20 2:10 PM
BenS - 28 Jan 20 1:54 PM
AB2014 - 28 Jan 20 11:02 AM
BenS - 28 Jan 20 10:47 AM

No, I never went to the US, just Canada. Sorry if I was unclear. I duly notified my travel to Canada, and did not visit any other countries on that trip. I flew directly from the UK (and returned directly to the UK).

I think there might be some confusion over who actually crossed the land border. Didn't you say your brother crossed the land border, which was quicker than it might have been because he already had an ESTA?

Yes, I mentioned that in a completely separate thread.

As for this thread, in response to Harmless, I have notified a trip to Canada and got in no problems. Nothing whatsoever to do with the US.

I can't comment on travelling to the US on the SOR as I have not done this. But it's nice to see Scotboy's account that he got in on an ESTA after the end of his time on the SOR.

Hi

I am searching the site plus "The Record" as I am sure a person on the SOR obtained entry as they provided a detailed plan - points of stay etc- .
I cannot remember their actual sex offence details but I will keep searching.
Hopefully not confused with something else.

The Record does have a couple of stories about getting a US visa with a criminal record, but neither involves being on the SOR.

=========================================================================================================

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Harmless
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BenS - 28 Jan 20 1:54 PM
[quote]
AB2014 - 28 Jan 20 11:02 AM
[quote]
BenS - 28 Jan 20 10:47 AM

As for this thread, in response to Harmless, I have notified a trip to Canada and got in no problems. Nothing whatsoever to do with the US.


That is still very interesting, thanks. What conditions \ convictions did you have when you entered Canada, if you don't mind me asking (e.g. sentence length, spent\unspent, length on the SOR)? And what about the ESTA (you need one for Canada right)? And did PPU say in advance whether you were likely to get in? IOW was your entry possible because PPU didn't bother putting up a notice?

Was there any friction at all? Also I'm interested in whether Canada does pre-clearance in Ireland as does the US?


Edited
4 Years Ago by Harmless
BenS
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Harmless - 28 Jan 20 9:19 PM

That is still very interesting, thanks. What conditions \ convictions did you have when you entered Canada, if you don't mind me asking (e.g. sentence length, spent\unspent, length on the SOR)? And what about the ESTA (you need one for Canada right)? And did PPU say in advance whether you were likely to get in? IOW was your entry possible because PPU didn't bother putting up a notice?

Was there any friction at all? Also I'm interested in whether Canada does pre-clearance in Ireland as does the US?

I was (am) 10 years on the SOR for an online image viewing offence, for which I got a suspended sentence. Would be spent now, but for the remaining SOPO which coincides with the SOR.

The PPU didn't offer any comments about my chances of getting into Canada. He didn't seem to react any differently from when I have previously notified to go to France, Germany etc. Tbh I was a bit scared to ask him. I just hoped for the best. There wasn't any friction with the PPU, not from what I could tell anyway.

No pre-clearance system exists for Canada. You just have to sit on the plane for many hours and hope for the best. But when you arrive, human contact is minimal to nonexistent. For eTA nationalities, you no longer have to go to a human agent. You scan your passport at a machine, it prints a ticket, which you hand to an official on your way out but they don't actually check your passport. As for the online eTA, which is just like the American ESTA in that you have to do it online in advance, I ticked no to the question about convictions.

I guess the fact that I got in shows that the PPU did not put a green notice on me.
JASB
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AB2014 - 28 Jan 20 3:08 PM
JASB - 28 Jan 20 2:10 PM
BenS - 28 Jan 20 1:54 PM
AB2014 - 28 Jan 20 11:02 AM
BenS - 28 Jan 20 10:47 AM

No, I never went to the US, just Canada. Sorry if I was unclear. I duly notified my travel to Canada, and did not visit any other countries on that trip. I flew directly from the UK (and returned directly to the UK).

I think there might be some confusion over who actually crossed the land border. Didn't you say your brother crossed the land border, which was quicker than it might have been because he already had an ESTA?

Yes, I mentioned that in a completely separate thread.

As for this thread, in response to Harmless, I have notified a trip to Canada and got in no problems. Nothing whatsoever to do with the US.

I can't comment on travelling to the US on the SOR as I have not done this. But it's nice to see Scotboy's account that he got in on an ESTA after the end of his time on the SOR.

Hi

I am searching the site plus "The Record" as I am sure a person on the SOR obtained entry as they provided a detailed plan - points of stay etc- .
I cannot remember their actual sex offence details but I will keep searching.
Hopefully not confused with something else.

The Record does have a couple of stories about getting a US visa with a criminal record, but neither involves being on the SOR.

Hi AB2014, many thanks for clarifying for me.

Learn from yesterday, live for today, hope is for tomorrow else what is left if you remove a mans hope.
RMUK
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I am on the SOR for 5 years (I was told by the court it was 3, but the police have since told me there was a mistake and it is actually 5 apparently due to the fact I got a Restriction of Liberty Order (ankle tag) for 3 months as well as my 3 year community supervision order. That's a story for another day though and I am still trying to fight it with my solicitor.)

In 2017 (before I was even convicted of sexual offences) I had applied for an eTA to visit Canada (stupidly after paying for the non-cancellable flight) and was rejected due to having a pending common assault charge (I was not clued up and at the time thought it was sensible to tell the truth on the form, on which I now deeply regret).

We have good friends in Canada who we are trying to visit but I unfortunately am unable. I know that if I reapply for the eTA in years to come, they will link it to my old application and reject me again.

I know another way without requiring an eTA is to go via a land border (ie the US). I have never applied for a US Esta so if I apply now I'd probably be accepted, but I don't know if I should risk going while on the SOR and f**king it up for future. My SOR ends in 2023 (was meant to be 2021)..

Anyone have experience of going to US while on the SOR,  or more interestingly, has anyone ever applied for overcoming criminal admissibility to obtain Canada eTA?

Apologies for long post!
Simon1983
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Hi RMUK 

Do not even try going to either of these countries while on the Sex offenders register.

It is first important to remember that the UK does not share information on the PNC with any country.

The trouble is while on the SOR you have to give police notice of travel over seas, i would foresee that if you told them that you were going to the USA there first question would be what a bout a visa. If you then turned round and said you had used an ESTA, i would foresee a whole can of worms opening up before your eyes.

Once you are off the register there is nothing stopping you going to the USA and using  an ESTA and lying that you do not have a criminal conviction, going on holiday having a good time then coming back.

In terms of canada that is a little bit more tricky, if you went to the canada embassy  to try and appeal the eTA decision i would imagine they will ask you to supply a police certificate, this will then list your sex offence and you will not stand a chance of getting in there.

If using the land boarder from USA to Canada i know that both countries share information, so would have to ask would your eTA refusal show up on there system when you tried to cross the boarder, which might then cause the US authorities to question your ESTA

In short Ii just don’t know

You might have more luck in just going to the USA and asking your friend to meet you there maybe

not sure if any one else has any advice 

All the best and stay safe    
scotboy
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I agree with Simon1983, don't go while on the SOR, wait until you are finished with it.Canada and US share information, unfortunately if you have alerted the Canadian authorities regarding your offence they might share with Homeland Security.The best advice I can give is to wait until your SOR is complete then apply for an ESTA tick no to every question you should get a reply within  24 hours. If successful fly via Dublin it's a short hop back if anything goes wrong having said if your are granted an ESTA you should be ok,I would still fly from Ireland, once through Homeland Security you can sit back relax and look forward to you holiday......good luck.






 

 

Edited
4 Years Ago by scotboy
J23
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AB2014 - 26 Nov 19 9:04 AM
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

Well, if you answer the ESTA questions truthfully and honestly, wouldn't that be enough for you. If you're thinking of disclosing to the border control agent on arrival then you may as well apply for a visa. The ESTAs and visas are issued by the State Department, who revised the questions a few years ago. The border control is staffed by Homeland Security, who have a zero-tolerance approach to undisclosed cautions and convictions, so you would probably be sent back on the next flight, and that could well affect your ability to travel in the future. Common assault is not an offence that would stop you getting a visa, as it is the equivalent of their simple assault and is not a crime involving moral turpitude. On the other hand, if you don't disclose on arrival, there is no other way for the border control agent to know that you have a criminal record, as there is no routine sharing of criminal record information.

If you believe that your offence did not result in serious harm to a person, then you have the right to answer no and apply for an ESTA. If you do that, and you happen to be spot-checked on arrival for any reason then don't disclose anything you haven't already disclosed. Unless you're secretly involved in international organised crime, they won't know anything you don't tell them.

In 2014 I travelled to the US on a non-immigrant holiday visa - I was granted a 10 year VISA, which is technically still in date but on a passport that has expired and I no longer have.

I believe that I never really needed a VISA, so I applied for an ESTA for my forthcoming trip, which I have been granted.

I was cautioned for criminal damage (under £500 - private property) in 2006.

I am now concerned that when I go through US Border Patrol and get fingerprinted, it is going to alert staff of my previous trip to the US on the VISA (technically still in date) 

If Border Patrol ask me about why I had a VISA (and now don't have one) what do I say? I am worried about your comment of 'Homeland Security having a zero tolerance policy to undisclosed cautions and convictions'
 
I am very anxious about the situation, but genuinely believe I can honestly say that I have not been convicted of a crime that would rule me out of an ESTA. Looking at the list of crimes of moral turpitude I don't believe this fits the bill

Your advice and thoughts are extremely welcome. Should I apply for a VISA?

GO


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