SUPERSTARDJ01

Hi,

I know there are a million threads on this but I really need a more personalised responce, anyway looking at the ESTA questionaire filled out online by my wife (which all came back ok) it says "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

I was arrested and tried as a minor as I was 13 when it happened with a few other people, I was charged with obtaining money by deception, but this was thrown out of court due to lack of evidence although 1 was convicted and sentenced (not me), this was over 15 years ago and I have passed many police checks due to my nature of work and my wifes, I also lost my license in 1998 due to no insurance but have it back now.

We went to FLorida in Sept 08 no problems at all, we go again in 1 week and only just heard about the holiday visa thing, so it's to late to get a visa now.

My esta application has been approved but only because my wife ticked no to the criminal section as above because it reads as though you to of committed a really serious crime.

radion

If you read the index section for US Immigration and Visa, there is a very good overview on just this subject you talk about.
Top of page...


Have a look in there and you will have all the answers you need for this..

bjohn

I believe that as you were 13 at the time of the arrest that you may be clear to travel on the VWP. But you do have a driving offense that resulted in more than a ticket or fine (usually driving with no insurance results in a conviction). This could be a problem. Should prove an interesting discussion.

SUPERSTARDJ01

see the driving license is a bit weird because I was told I lost it and had to retake it by the DVLA, but I recently passed my motorbike test and got my license with car on it, so I called DVLA and they said I never lost it? Strange.

But on http://www.state.gov/documents/organization/86942.pdf it states (below) so I may be ok as I was 18 when I lost my license?

9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

bjohn

The loss of license if irrelevant. Did you get a conviction?

SUPERSTARDJ01

Well we had a police officer come to our house that was investigating a case for us and he had a full report of mine and my wifes record and I asked about my license loss (this was in 2008 I asked him) and he had no record of it at all.