kim78855

Hello all, i am planning to take a month long holiday to the USA in June and staying with friends and hotel (timeshare owner).

I have previously completed an internship for one year in the USA and had no problem obtaining the J1 visa. I have a degree and have a clear CRB( DBS) Sept 2013 as i am doing a second degree currently a PGCE.

When i was 16 i was arrested for shoplifting (lift the shop with something in my hand by a mistake). Have not been in trouble since. When i received my CRB check (DBS) i was told i do not have to declare this any more as it is a minor incident.

My question is do i have to declare this for the VWP? Would i have to obtain a different visa to go on holiday?... if so which one and ow do i go about this?

Please i would appreciate and help/ advice you may have.

civilservant

No, since you were under 18 and it was a single incident I don't believe you do need to declare it.

Noorah101

I was going to say the opposite. Shoplifting is a CIMT, so should check "yes" on ESTA. If ESTA comes back approved, fine. If it comes back denied, then apply for the B-2 and most likely you will get it, given you were under 18 and it was a single incident.

Rene

civilservant

There's an exception for a single offense involving moral turpitude committed under the age of 18. User 'BritishExpatriate' argued this one at length awhile back as I recall.

Noorah101

I thought that was only when applying for a visa; not applicable to ESTA. The question on ESTA says "have you ever been arrested for a CIMT..."

Rene

rpjs

I agree with Rene. It sounds like the juvenile exception means OP is not inadmissable and so won't require a waiver of inadmissability but they probably won't get an ESTA and will have to apply for a B-2.

kim78855

Thank you for your replies. I think i will declare it and hopefully it will be accepted if not i will apply for the B-2 visa. Does anybody know how long that will take? As i am looking to book the flight online myself this weekend or would you advise to book via a travel agent as they may or may not be able to help with the visa process..

captainsensible

Do not book any travel until you have either ESTA approved OR a valid B2 visa in your passport!

And no, a travel agent won't be able to help with the visa process.

Pulaski

The basic visa issue/ reject decision is going to take about 6 weeks, but if you're referred for a waiver it could take another 20+ weeks. I don't think that's likely, but the question is " Are you willing to gamble on buying a ticket you might not be able to use?"

kim78855

No im not willing to gamble buying a ticket and not being able to use it! i will just have to be patient and travel at a later date if needed. Thanks for your reply

If only i'd asked this question sooner...

kim78855

Just an update! I am not approved to travel on the ESTA, now i have to spend $160 for a tourist visa and wait 12 days for a interview appointment..

No questions asked about my situation or anything its annoying how there decision is based on a "yes" or "no" answer even though i have been to the USA before with a J1 visa.

Do you think i could phone up and actually speak to a human about this, as i really don't want to pay the $160..

Pulaski

I am sure you don't want to spend $160, but that is the process. You've been arrested, your ESTA rejected, there are two ways for you to proceed: apply for a visa, or forget about travelling to the US.

There is no mechanism for resolving your problems with a little chat on the phone!

docnetau

This is exactly how the ESTA process is supposed to work. It allows 99% (or whatever the number is) of people to get through by answering simple "yes" or "no" answers, and the remaining 1% to have the opportunity to go through the visa application process to allow a human to determine if your application is allowed.

The fact that you previously received a J1 visa implies that you will likely also be granted a B1/B2 visa (presuming that you mentioned the shoplifting charge when applying for the J1!), but the ESTA process isn't the place for that decision to happen.

To put this in perspective, before ESTA if you had tried to enter the US via the VWP you would have likely been turned around at the border and sent back on the next flight to your origin. A $160 visa fee is better than that option...