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Applying for US ESTA after being denied Candian eTA


Applying for US ESTA after being denied Candian eTA

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RMUK
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Looks like I'm screwed then. Would be good to hear from anyone else who has been in this position.

Does anyone know if Mexico also share info with Canada? Or only with the US? 
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punter99 - 9 Jan 25 10:25 AM
ED - 9 Jan 25 10:11 AM


U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012.

This agreement will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country. This will better protect the safety and security of Americans and Canadians and facilitate legitimate travel and business. Increased information sharing will support better decision-making by both countries to confirm applicants’ identities, and identify risks and inadmissible persons at the earliest opportunity. It will increase safety and security, as both countries work to identify terrorists, violent criminals, and others who pose a risk before they reach our borders. All officers working on immigration and refugee protection will be equipped with more information to make decisions. This will better protect the safety and security of Americans and Canadians alike and further facilitate legitimate travel.

The agreement authorizes development of arrangements under which the United States may send an automated request for data to Canada, such as when a third country national applies to the United States for a visa or claims asylum. Such a request would contain limited information, such as name and date of birth in the case of biographic sharing, or an anonymous fingerprint in the case of biometric sharing. If the identity matches that of a previous application, immigration information may be shared, such as whether the person has previously been refused a visa or removed from the other country. The same process would apply in reverse when a third country national applies to Canada for a visa or claims asylum. Biographic immigration information sharing is set to begin in 2013, and biometric sharing in 2014.

Under the agreement, information will not be shared regarding U.S. or Canadian citizens or permanent residents. Any information shared on travellers and asylum seekers will be handled responsibly and, as with other information sharing agreements, exchanged in accordance with relevant U.S. and Canadian laws.



Source: https://2009-2017.state.gov/r/pa/prs/ps/2012/12/202065.htm

Based purely on what I just read there, if it were me I personally wouldn't want to risk it.


It depends what info is being shared. Similar issue with ETIAS in Europe. The checks include looking at the Interpol database, to see if there is a green notice or a red notice for example. However very few people with convictions have these notices so they wouldn't trigger an alert.

If you look specifically at the part of the quote I highlighted in bold, it seems that the US & Canada will share information about applications where either country finds they've previously declined an application from that person. My reading of it, combined with what the OP posted in his first post, suggests that the US has an automated system that will check names against some database the Canadians have (and vice versa) and will specifically look for names that have had visas refused previously. If a visa has been refused, they'll share the application information with the other party. That means the US would become aware of everything on the Canadian application, including the reasons for refusal, meaning the US would know about OP's criminal record.
punter99
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ED - 9 Jan 25 10:11 AM


U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012.

This agreement will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country. This will better protect the safety and security of Americans and Canadians and facilitate legitimate travel and business. Increased information sharing will support better decision-making by both countries to confirm applicants’ identities, and identify risks and inadmissible persons at the earliest opportunity. It will increase safety and security, as both countries work to identify terrorists, violent criminals, and others who pose a risk before they reach our borders. All officers working on immigration and refugee protection will be equipped with more information to make decisions. This will better protect the safety and security of Americans and Canadians alike and further facilitate legitimate travel.

The agreement authorizes development of arrangements under which the United States may send an automated request for data to Canada, such as when a third country national applies to the United States for a visa or claims asylum. Such a request would contain limited information, such as name and date of birth in the case of biographic sharing, or an anonymous fingerprint in the case of biometric sharing. If the identity matches that of a previous application, immigration information may be shared, such as whether the person has previously been refused a visa or removed from the other country. The same process would apply in reverse when a third country national applies to Canada for a visa or claims asylum. Biographic immigration information sharing is set to begin in 2013, and biometric sharing in 2014.

Under the agreement, information will not be shared regarding U.S. or Canadian citizens or permanent residents. Any information shared on travellers and asylum seekers will be handled responsibly and, as with other information sharing agreements, exchanged in accordance with relevant U.S. and Canadian laws.



Source: https://2009-2017.state.gov/r/pa/prs/ps/2012/12/202065.htm

Based purely on what I just read there, if it were me I personally wouldn't want to risk it.


It depends what info is being shared. Similar issue with ETIAS in Europe. The checks include looking at the Interpol database, to see if there is a green notice or a red notice for example. However very few people with convictions have these notices so they wouldn't trigger an alert.
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U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012.

This agreement will enable Canada and the United States to share information from third country nationals who apply for a visa or permit to travel to either country. This will better protect the safety and security of Americans and Canadians and facilitate legitimate travel and business. Increased information sharing will support better decision-making by both countries to confirm applicants’ identities, and identify risks and inadmissible persons at the earliest opportunity. It will increase safety and security, as both countries work to identify terrorists, violent criminals, and others who pose a risk before they reach our borders. All officers working on immigration and refugee protection will be equipped with more information to make decisions. This will better protect the safety and security of Americans and Canadians alike and further facilitate legitimate travel.

The agreement authorizes development of arrangements under which the United States may send an automated request for data to Canada, such as when a third country national applies to the United States for a visa or claims asylum. Such a request would contain limited information, such as name and date of birth in the case of biographic sharing, or an anonymous fingerprint in the case of biometric sharing. If the identity matches that of a previous application, immigration information may be shared, such as whether the person has previously been refused a visa or removed from the other country. The same process would apply in reverse when a third country national applies to Canada for a visa or claims asylum. Biographic immigration information sharing is set to begin in 2013, and biometric sharing in 2014.

Under the agreement, information will not be shared regarding U.S. or Canadian citizens or permanent residents. Any information shared on travellers and asylum seekers will be handled responsibly and, as with other information sharing agreements, exchanged in accordance with relevant U.S. and Canadian laws.



Source: https://2009-2017.state.gov/r/pa/prs/ps/2012/12/202065.htm

Based purely on what I just read there, if it were me I personally wouldn't want to risk it.


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RMUK - 8 Jan 25 11:32 AM
As I posted in a related thread: https://forum.unlock.org.uk/Topic32116.aspx#bm34105

2 years ago I applied for a Canadian eTA and it kept getting refused despite my criminal record being something that should have been deemed rehabilitated according to their legislation.
I don't have the will to go through the hassle of applying via an immigration lawyer etc.

My friends from Toronto would be willing to meet me in New York.

I have never applied for an ESTA.

How likely is it that Canada shares eTA refusal information (and the criminal record information I have provided them) with the US?

Should I just chance it and apply for an ESTA without disclosing and then fly via Dublin in order to pass through US immigration closer to home?


Well, if you apply for an ESTA without disclosing, then if Canada does share information with the USA, you will probably be refused. If they don't share information at that level, you should be OK for now, as the USA doesn't have access to UK police records. As you said, if you fly via Ireland, at least you'll find out before you fly across the Atlantic.

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RMUK
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As I posted in a related thread: https://forum.unlock.org.uk/Topic32116.aspx#bm34105

2 years ago I applied for a Canadian eTA and it kept getting refused despite my criminal record being something that should have been deemed rehabilitated according to their legislation.
I don't have the will to go through the hassle of applying via an immigration lawyer etc.

My friends from Toronto would be willing to meet me in New York.

I have never applied for an ESTA.

How likely is it that Canada shares eTA refusal information (and the criminal record information I have provided them) with the US?

Should I just chance it and apply for an ESTA without disclosing and then fly via Dublin in order to pass through US immigration closer to home?


 
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