Esta/US VISA question - criminal record

[PicturesOfDogs]

Hi,

We have a holiday booked to the USA in the summer, but DP has a couple of items on his record, both from about a decade ago.

first one is driving under the influence, and the second is a public order offence - threatening behaviour.

How is this declared on the ESTA, or would it be better to apply for a Visa?

I’m panicking as I heard it can 6 months or so to get sorted, we are due to fly mid august

if this links ok, it tells you what you need to answer.

Questions

if you do need a visa, check every day and opt for Belfast. It can be quicker.

you need to get the ball rolling now. A holiday shouldn’t have been booked without an esta or visa in place.

Thank you.
Yes, I know I shouldn’t have booked it, I’ve really fucked up, but am really panicking now.

I’m not sure whether the convictions he has would be classed as serious harm etc don’t want to lie to say he has no record, but not sure if these ‘count’

More answers

that link seems might help.

You have not got a problem as long as things are what you say they are.
Read the questions and do not overthink them. Be honest, but just answer the question do not supply information that has not been asked for.
Drink driving on its own does not prevent you applying for an esta.

Threatening behaviour does not prevent you applying - read the question, it asking about serious damage or harm.
The offences have nothing to do with illegal drugs, espionage, terrorism, illegal entry to the USA, previous employment in the USA, refused admission to the USA, overstayed in the USA or been to certain prohibited countries.

Visas have been taking longer than 6 months since covid. Some people travel to Belfast because sometimes the queue there is shorter.

If what you have said is true then you can honestly answer the questions and you should get the esta. There is no guarantee that anyone will be granted an esta, it can be nerve wracking for the couple of hours that you may have wait. Normally its done in 20 minutes.
PM me if you feel that you need to.

Thank you, I agree these offences do not meet the threshold of what they’re asking for, so can honestly answer no.
I’m going for it, thank you

The ESTA has been approved!

Thank you for the advice. His record definitely doesn’t come under serious damage/harm, but I was really panicking. Roll on Summer 😊

I have been to the USA many times and really enjoy it out there. I'm glad that I could help.

Honestly….. doing the ESTA is really risky. When he flags as having a record going through immigration he can be stopped, put on a plane back home and barred from the US for life. It’s going to be a very stressful holiday now.

You're mistaken @PicturesOfDogs . You should have declared both offences on the ESTA application. You've failed to declare and you can be refused entry (although they probably won't find out). He doesn't qualify for the visa waiver program and you should have applied for a visa. Just watch this from the US Embassy:

Also read this:

www.chavinimmigration.com/us-visas-citizenship/visa-ineligibility/drink-driving-and-admission-to-the-united-states#:~:text=A%20drink%20driving%20offence%20could,of%20others%20and%20the%20individual.

DUI and threatening behaviour both fall under moral torpitude. And being a decade ago still accounts as the US considers any offence during your lifetime. They don't have the concept of spent convictions etc like in the UK.

This is straight from the US Embassy. You need a Visa although you might have fucked it now by applying for a visa waiver.

The US embassy 10
Nonimmigrant Visas

The following provides visa information for travelers to the United States who wish to visit, work or study for a temporary period. The type of visa required will depend on the purpose of your travel.

Who needs a visa?
Anyone who is not eligible to enter the United States visa free under the Visa Waiver Program (VWP), or is not exempt from the visa requirement, or whose registration has been denied under ESTA. This includes travelers who are in transit through the United States to another country. Please note: We recommend that travelers who have been arrested and/or convicted of an offense apply for a visa. The Rehabilitation of Offenders Act does not apply for U.S. visa law.

Hi OP, how did you get on? We have found ourselves in this position as my other half was arrested 15 yrs ago for driving uninsured and taking vehicle without consent (his mums). No damage and vehicle returned. He wasn't charged. We never anticipated this problem and thought it was convictions only. We don't have time to apply for visa. I am considering going to immigration lawyer for peace of mind. Thanks

He will be fine. Unless he has been convicted or suspected of terrorism or firearms offences or currently suspected of going to USA to commit an offence GDPR would mean that the UK authorities can't disclose his convictions to them even if he had ones which would mean he wasn't entitled to an ESTA.

They have no way of checking except asking you.

Hello could someone help me please? 🙏🙏

Hey, did you manage to get through with an ESTA? Having the same issue with my partner.

Hi, it was absolutely fine.

Took PhillySubs advice, applied for the ESTA, which was approved, and then we had absolutely no issues while we were there.

Obviously can’t guarantee but was fine for us!

Apologies to other posters, I hadn’t seen other responses, just the last one I had an email alert for for some reason

Thanks so much! I’ll give that a try :) do I need to answer yes or no for the arrest question? I’ve heard mixed reviews as DUI doesn’t fall under serious harm.

He put no for serious harm.