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ESTA and court convictions for peeing in alleyway

ESTA and court convictions for peeing in alleyway

Old Aug 25th 2012, 12:52 pm
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Default ESTA and court convictions for peeing in alleyway

Hi All,

Hope someone can help......

In 1997 my boyfriend was cought peeing in an alleyway on a night out by the police, took his name and address and let go home.
After 2 months Police Officer comes to the door with a piece of paper asking him to report to Magistrate Court.
At the Magistrate Court he was given a £100 fine and let go, all that was done and over in 5 minutes!

My question is,Does he need to declare as a conviction and apply for a VISA or are we OK to use the ESTA form and tick NO where it asks for convictions....as personnally I don't think it is a crime involving moral turpitude or a crime at all?

Your honest opinion much appreciated.

Thanks
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Old Aug 25th 2012, 5:28 pm
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Default Re: ESTA and court convictions for peeing in alleyway

If he dosent believe it's a CIMT (and I tend to agree) then he can happily tick no to that question on ESTA.
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Old Aug 25th 2012, 6:52 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by civilservant View Post
If he dosent believe it's a CIMT (and I tend to agree) then he can happily tick no to that question on ESTA.

It doesn't matter what he believes, what matters is if the offence he was convicted of in Court is a CIMT. There is no offence of "peeing in an alleyway", we need the actual offence he was convicted under to know.

OP what offence was he convicted of in Court?
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Old Aug 26th 2012, 12:12 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by lansbury View Post
It doesn't matter what he believes, what matters is if the offence he was convicted of in Court is a CIMT. There is no offence of "peeing in an alleyway", we need the actual offence he was convicted under to know.

OP what offence was he convicted of in Court?
He can't remember what the offence was actually called and am not sure hw to get that info, we r in the UK btw.
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Old Aug 26th 2012, 12:16 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Get an ACPO police report, or contact the court that he attended. They will be able to provide the information.
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Old Aug 26th 2012, 12:16 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by civilservant View Post
If he dosent believe it's a CIMT (and I tend to agree) then he can happily tick no to that question on ESTA.
Thanks for the info, I have seen that ACPO form and will b sending for the report but £45 is a bit of money for such simple info!
We only be going on a holiday to Vegas n New York, if we ticked no on the ESTA
Would this come up on their computer @ the POE?? And possibly be sent back?
Never been to USA and would love to know what happens from the moment u step off plane?do u get asked lots of questions............

Last edited by noux79; Aug 26th 2012 at 12:23 pm. Reason: Reply
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Old Aug 26th 2012, 2:49 pm
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Default Re: ESTA and court convictions for peeing in alleyway

If he ticks no then the fact is that they are unlikely to ever know about the conviction, let alone him being sent back. That said, he should endevour to clarify the situation around what he was charged with so that he can answer the question on ESTA honestly. Especially considering the available options if it were to constitute a CIMT (which would leave him having to apply for B2 visa and potentially a waiver of ineligibility).

When arriving at the airport you will leave the plane and be naturally eb directed to the POE (US Border) Going through immigration you will be asked about the reason for and length of stay - routine questions so that the CBP Officer can satisfy himself that you have no immigrant intent. You will also have fingerprints taken digitally. Your passport will be stamped and you'll be sent on your way (as long as the Officer is happy)

If the Officer feels you need further investigation you will be sent to secondary inspection, which is significantly longer (read: hours with waiting times) and more detailed.
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Old Aug 26th 2012, 5:15 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by lansbury View Post
It doesn't matter what he believes, what matters is if the offence he was convicted of in Court is a CIMT. There is no offence of "peeing in an alleyway", we need the actual offence he was convicted under to know.

OP what offence was he convicted of in Court?
it may have been wanger waving
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Old Aug 26th 2012, 9:13 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by Ray View Post
it may have been wanger waving
I was thinking £100 fine seemed a bit stiff for a drunk and disorderly, and wondered if some public indecency was involved. No idea if that would make it a CIMT.
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Old Aug 26th 2012, 9:17 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by civilservant View Post
If he ticks no then the fact is that they are unlikely to ever know about the conviction,
The airlines submit the flight manifest before the aircraft departs the UK. What happens if JBOC runs that manifest before the aircraft arrives in the US?
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Old Aug 26th 2012, 9:36 pm
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Default Re: ESTA and court convictions for peeing in alleyway

I said unlikely. Not impossible Ian. Stop being so pedantic.
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Old Aug 26th 2012, 9:46 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by lansbury View Post
I was thinking £100 fine seemed a bit stiff for a drunk and disorderly, and wondered if some public indecency was involved. No idea if that would make it a CIMT.
S.5 POA is my guess..but of course the truth rarely comes out
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Old Aug 26th 2012, 9:50 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by civilservant View Post
I said unlikely. Not impossible Ian. Stop being so pedantic.
On what basis do you think it unlikely. I was always surprised at the number of people coming back to LHR who had been refused entry to the US for non declared convictions. Even more so when I ran outbound manifests through the PNC and saw how few hits I got. Well below the accepted percentage of the population who have a criminal record. I would suggest that you are not in a postion to know if it is unlikely or not, and I doubt anyone is. Being pedantic my name isn't Ian.
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Old Aug 26th 2012, 9:55 pm
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by noux79 View Post
He can't remember what the offence was actually called and am not sure hw to get that info, we r in the UK btw.
You could get the basic name of the offence from a Subject Access check through your local police - much cheaper (though not usable for US Immigration). If you are in the GMP area -
http://www.gmp.police.uk/mainsite/pa...jectaccess.htm

When I worked for the UK police doing checks for Protection of Children we did come up with this offence quite frequently - the offenders were usually prosecuted for Indecent Exposure, and in more recent times that meant they ended up on the Sex Offenders Register.
Can't help with whether thats a CIMT though, sorry.
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Old Aug 27th 2012, 12:56 am
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Default Re: ESTA and court convictions for peeing in alleyway

Originally Posted by noux79 View Post
We only be going on a holiday to Vegas n New York, if we ticked no on the ESTA
Respectfully, it's the difference between telling the truth and lying. The former is always encouraged; the latter, discouraged. Just so you know, if he lies to US immigration and gets caught, he faces a permanent ban from the US.


... £45 is a bit of money for such simple info!
The truth is usually expensive! Don't you want to know the truth?

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