Should I apply for an Esta or a Visa
 

Hi All,
I am going to Florida, October 21. I have had a look at the Esta questions and don't believe I have any convictions that are CIMT's, list below. What do you all reckon?

Thank you in advance.

Caution for Common assault: 2006 aged 15
Caution for knowingly being carried in a veichle taken without owners consent 2010
Affray, result was withdrawn by prosecution and bound over in the sum of £500 for 12 months. 2011
Caution for being drunk and disorderly. 2013.

I'm 29 now and will be 31 when I go.

Thank you,

Re: Should I apply for an Esta or a Visa
 

Sorry, the common Assault also ended with a police caution

Re: Should I apply for an Esta or a Visa
 

In my layman's opinion, none of those offences are CIMT.

Re: Should I apply for an Esta or a Visa
 

Thank you. Would the knowingly being carried in a stolen vehicle not fall under the below. (copy taken from the link) Attempts, Aiding and Abetting, Accessories, and Conspiracy:

(1) (U) The following types of crimes are also considered to be crimes involving moral turpitude:

(a) (U) An attempt to commit a crime involving moral turpitude;

(b) (U) Aiding and abetting in the commission of a crime involving moral turpitude;

(c) (U) Being an accessory (before or after the fact) in the commission of a crime involving moral turpitude; or

(d) (U) Taking part in a conspiracy (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude.

(2) (U) Conversely, where an alien has been convicted of, or admits having committed the essential elements of, a criminal attempt, or a criminal act of aiding and abetting, accessory before or after the fact, or conspiracy, and the underlying crime is not deemed to involve moral turpitude, then INA 212(a)(2)(A)(i)(I) would not be applicable.

Re: Should I apply for an Esta or a Visa
 

I think that the "knowingly being carried in a vehicle taken without owners consent" falls under items (b) Aiding and abetting, and/or (c) Being an accessory, in your list.

Re: Should I apply for an Esta or a Visa
 

That's what I thought. However, is TWOC considered a CIMT? The issue is that I have never been done for drugs, nor have I seriously injured anyone or seriously damaged anyone's property, so answering no to both of the esta questions would be the truth.

Re: Should I apply for an Esta or a Visa
 

Consult with an immigration attorney.

Re: Should I apply for an Esta or a Visa
 

I don't think the stolen car thing is really aiding and abetting, but is probably being an accessory, and theft of a car would be CIMT. I would apply for a visa. Doubt an attorney can tell you much else.

Re: Should I apply for an Esta or a Visa
 

Abet: encourage or assist (someone) to do something wrong, in particular, to commit a crime or other offense.

"Go on, do it! It'll be a laugh!" .... If you're with someone at the time a car is stolen, and ride away in it with them, I can't imagine how that wouldn't lead to a charge for "abetting". :confused:

Re: Should I apply for an Esta or a Visa
 

It's a theft offense, so without question it's a CIMT.

Re: Should I apply for an Esta or a Visa
 

Thanks for the input. The offence was being carried in a veichle taken without owners consent. Not theft of said vehicle.

Think I'll just play it safe. The reason I asked is because the answers to the esta questions would be no.

Re: Should I apply for an Esta or a Visa
 

Re: Should I apply for an Esta or a Visa
 

​​​​​​Probably for the best. Would I still need to go to the embassy? I live in the Isle of man you see.

Re: Should I apply for an Esta or a Visa
 

If you want a Visa, that is where you are interviewed.

Re: Should I apply for an Esta or a Visa
 

Would it not be wise to apply for ESTA anyway, answering all questions truthfully. If you're denied, then apply for the visa.

Otherwise, the visa may be denied because you are eligible to use ESTA... Then you're really screwed as you have a visa denial on your record.

It takes minutes and is much cheaper than a visa. What do you have to lose?