peachapple

Hello, I'm 21 years old and a UK citizen. I've been losing sleep over this so I would be grateful if someone could clear it up.

As a teen I was arrested (I've read up and it was a CIMT) but the whole matter was soon dropped. I haven't had any run-ins with the law since and my CRB checks have not indicated anything.

A year ago I was considering making my first trip to the US. When I filled out ESTA I put "Yes" on the "Have you ever been arrested...." question, and was deemed unauthorised to travel. I was disappointed but I thought, never mind, I'll just wait until I have time and money to apply for a visa.

I'm considering a great work placement in Canada next year (the contract would be for 8 months or so). If I were accepted, it would be a great shame to be close to the border yet unable to go to the US. So I started researching the B2 visa, but it seems almost certain that I'd be denied it - I'm young, single, would have just graduated, and don't live in a place of my own (i.e. very difficult to prove ties to the UK).

I've spent hours on this site reading other people's experiences, and have found some information that indicates that, contrary to what I'd first assumed, I may be eligible for VWP:

Here (post #1):

Juvenile Crimes Involving Moral Turpitude. Broadly speaking, there is no CIMT restriction on someone whose only crime was a CIMT committed while the perpetrator was under the age of 18 and if the crime was committed more than 5 years prior to the date that the alien applies to enter the USA or apply for a visa.

And here (post #13):

CIMT or not, you were 14 and a minor - and therefore exempt under the INA.

I was under 18, more than 5 years have elapsed since the event, and it didn't lead to anything. And even if this did indeed make me eligible for VWP, the fact I was (mistakenly?) unauthorised on ESTA a year ago would surely cause some sort of problem?

I'm feeling extremely anxious and would appreciate any sort of advice.

dreamercon

To be eligible for the VWP, you normally need to have an approved ESTA.
When filing out the ESTA form, you have to be truthful.
You were truthful, you filed out the ESTA and it was denied. Thus you can not travel under the VWP. End of story. No use looking at stuff that is irrelevant. What you are looking at makes a great argument why you should not be found inadmissible when applying for a B visa.

materialcontroller

Are you certain the arrest was for a CIMT? What offence were you accused of?

In any case, if you've been arrested for a CIMT at any time it's almost certain that you cannot use the VWP because ESTA won't be authorised after you answer YES to the arrests question. You'll have to apply for a B2 visa. The good news is that you're probably not ineligible (due to the juvenile offence exception) and therefore stand a good chance of receiving the visa.

fatbrit

There's a number somewhere on this forum (can't be bothered to look) where you can call CBP and ask them to reset the blot on your record telling them that you made a mistake. Might work!

materialcontroller

What mistake has been made here? The OP has admitted to being arrested for a CIMT, and answered the ESTA question accordingly. So unless the offence wasn't a CIMT, where's the mistake?

fatbrit

Read it again. Seems he says he has. More coffee needed.

materialcontroller

Yup.

I advise the OP to look very carefully at the second thread he linked to and digest your excellent comments in the to and fro with (ugh) "BritishExpatriate". Some good advice right there.

Marocco

Not if you are crossing the US-Canada border by land.

dreamercon

Fine, you can show up at a land border and answer the same questions on the I-94W form and try your luck there.

materialcontroller

This is true. The CIMT arrest would still need to be disclosed of course.

jeffreyhy

The problem with ESTA, from an applicant's point of view, is that it's a fixed set of questions that may suit most people's situations, but not all. No opportunity to explain a situation where superficially the person may appear to be ineligible but the details are otherwise.

More likely a B-2 is the appropriate visa.

Regards, JEff

md95065

That may actually be a very good option for the OP.

ESTA doesn't give you a chance to explain why you checked a particular box.
At the border you can fill out the I-94W and then answer whatever questions you are asked by the CBP officer and see if he lets you in.

Worst case is that you are denied entry and best case is that you are admitted to the US.

In the event that the OP was denied entry under the VWP I don't *think* that, as a practical matter, they would be any worse off than they are now, but they might want to take legal advice on that one,

peachapple

Thank you for your response.

What I meant was that while the thing I was arrested does fall under (Wikipedia's list of) CIMT, I have come across many suggestions that under the INA, the incident is simply not classed as a CIMT because I was under 18 and over 5 years have passed since. And even less so, considering that there was no caution or reprimand, let alone a conviction.

peachapple

You're right that it does not suit all situations. But allegedly on the ESTA site it tells you to fill it out according to the INA (which may or may not indicate a juvenile exception) - I did not refer to this when I filled out the ESTA the first time and was subsequently denied.

As I've said, if I applied for B2 it's unlikely I'd get it, given my financial circumstances and age.

materialcontroller

Really? Given that your other circumstances include having been arrested for a CIMT that seems to fall within the juvenile offence exception, I actually believe you'd have a reasonably good chance of getting a visa.