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SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

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Old May 14th 2009, 6:17 pm
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Default SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Hi. I am going to Newark in two weeks to board a cruise ship then staying over in New York for two days after. I have realised that once you have been arrested you need a visa. I was 17, i was cautioned for shoplifting. I havent told anyone in my family about this and not my new husband as it is something i wanted to leave behind me as it was a stupid time in my life id rather forget. Now it coming back to bite me on the arse!!! Its our honeymoon we are going on and im petrified of getting turned away. I was very naughty and lied on the etsa saying i had never been arrested (mainly cause i didnt know what moral turpitude was) and i got the approval. I know that that doesnt guarantee entry by no means. I was reading a previous thread on crimes involving moral turpitude by JCraigFong and among it he posted this.

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. If the perpetrator was imprisoned, s/he must have been released more than 5 years prior to the application for admission to the USA or application for a visa.

Does this mean i can get in? It is a very confusing subject to me!! I am now 25 which means my caution was 7 years ago. Would i still have to apply for a visa as i do not now have the time to get one and it would also mean that my husband would find out. Im sick to the pit of my stomach over this and feel like i may have a panick attack on the plane as flying is not my strong point at the best of times. Please Help.

Thanx Laney
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Old May 14th 2009, 9:46 pm
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Duplicated threads and I had too many boxes checked and deleted wrong thread. Sorry about that. To anyone who responded in the other thread can you re-post in this one? Many thanks.
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Old May 14th 2009, 9:56 pm
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

I sound bad when i said i lied on the etsa, i didnt lie as i didnt know what moral turpitude meant. My friend who had traveled to New York before was the one who first informed me about this question and she told me that it was to do with terrorism and standing against the goverment and stuff like that. I think that you should be made more aware of this rule before you book a holiday by travel agents as i only found out through my friend when i asked her about her flight and customs and stuff. She is the only person who knows about this. I know what i did was bad and that keeping it from my husband is a bad thing but it is something i really want to keep behind me, even though that looks impossible!!
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Old May 14th 2009, 10:04 pm
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Could please someone give me advice on this? Im not asking to be judged by not telling my hubby, im just asking for advice. Can i apply for another etsa and explain that i didnt understand the question?
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Old May 14th 2009, 10:55 pm
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Originally Posted by laneyd303
Could please someone give me advice on this? Im not asking to be judged by not telling my hubby, im just asking for advice. Can i apply for another etsa and explain that i didnt understand the question?
Just be patient. We are from all different time zones all around the world on here. Someone who knows the answer or can help you, might not be on BE right this second. It may take a day or two to get a response.

Be patient.

Rene
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Old May 15th 2009, 1:33 am
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Originally Posted by laneyd303
I sound bad when i said i lied on the etsa, i didnt lie...
Earlier you said, " I was very naughty and lied on the etsa." You can't have it both ways. Either you lied or you didn't. If you didn't lie, then you'll probably be fine. If you did lie and you get caught in that lie, you face a lifetime ban from the US. Immigration folks take lying very seriously!


I think that you should be made more aware of this rule before you book a holiday by travel agents as i only found out through my friend when i asked her about her flight and customs and stuff.
It is *not* the travel agent's responsibility... it's yours. By the way, your friend's interpretation of CIMT is wrong.


I know what i did was bad...
Which part... shoplifting or lying?


... and that keeping it from my husband is a bad thing but it is something i really want to keep behind me, even though that looks impossible!!
You may have no problems whatsoever when you arrive in the US. Not telling your husband, however, will likely haunt you forever until you come clean with him.


Im not asking to be judged by not telling my hubby, im just asking for advice.
Well... you're going to get it anyway! It's a public forum after all.


Can i apply for another etsa and explain that i didnt understand the question?
I don't believe so, no. ESTA isn't set up for "do overs". Anyway, since you were 17 at the time (and a minor by US standards), it's likely not an issue... and even if it was, it likely falls under the "petty offense" exception. In other words, don't fret over it. Answer all questions by the border officer honestly and succinctly... do not elaborate. Oh, and you are *not* obligated to volunteer information not specifically asked for.

Take heed of Mr. Folinsky's three rules: Rule 1 -- Tell the truth. It is easier to remember. Corollary -- do not guess. "I don't know" or "I don't remember" are fine answers if true. If you don’t know or don’t remember, say so. Rule 2 -- Understand the question asked. If you don't understand it, say so! The question will be rephrased. Rule 3 -- Answer only the question asked, nothing more. If you are asked "Do you know what time it is?" -- the only two possible answers are yes or no.

Ian
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Old May 15th 2009, 2:46 am
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Default Re: SORRY FOR ANOTHER VISA WAIVER THREAD BUT CAN I GET IN?

Laney,

I'm sorry I don't know the answer to your question about the ESTA, but have you considered telling your husband? Sometimes these things are better out in the open. It was a long time ago and you were very young, surely your husband would be understanding of that.
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