ESTA

Author
Discussion

supercommuter

2,169 posts

102 months

Wednesday 22nd January 2020
quotequote all
craigjm said:
He probably isn’t gonna tell you if he has any reason why it may be refused. Friend of mine had one refused because he had a caution for canabis possession 25 years ago
haha no chance

craigjm

17,955 posts

200 months

Wednesday 22nd January 2020
quotequote all
supercommuter said:
craigjm said:
He probably isn’t gonna tell you if he has any reason why it may be refused. Friend of mine had one refused because he had a caution for canabis possession 25 years ago
haha no chance
No chance what?

Question 3 - Have you ever violated any law related to possessing, using, or distributing illegal drugs?

You can’t really say no if you were in his position and they said no after he told them what happened

Edited by craigjm on Wednesday 22 January 13:48

Sheepshanks

32,769 posts

119 months

Wednesday 22nd January 2020
quotequote all
The Leaper said:
Sheepshanks said:
..and include middle name if shown on passport. The application asks for "First given name" but apparently they now want to see any other names that are on the passport.
My wife completed an ESTA application three weeks ago. She did not include all her other Christian names that are shown on her passport and she received her ESTA authorisation, no problem.
There are a lot of scare stories going around about this (as they do with everything ESTA related) - apparantly they used on only want first name but the rules changed supposedly because it's makes life simpler if the ESTA matches the machine readable passport.

On the application if you click on the first name field, it says enter ALL names exactly as on passport and if you have a middle name it must be included.

Sheepshanks

32,769 posts

119 months

Wednesday 22nd January 2020
quotequote all
craigjm said:
No chance what?

Question 3 - Have you ever violated any law related to possessing, using, or distributing illegal drugs?

You can’t really say no if you were in his position and they said no after he told them what happened
if you're going to tick Yes then it's a bit of a waste of $14 to continue with the application.

TheHighlander said:
Turned out he had been arrested many years ago for drunk & disorderly and a bit of fighting, safe to say his new GF was no impressed as he was told to about turn and head back home and is now banned from entering the USA for 5 years.
I guess in your position you would hear these stories more than most, but there’s supposed to be no way they can routinely check these kinds of things. I saw someone claim he was bounced due to a careless driving conviction. The stupid thing is that even drunk driving doesn’t bar (no pun intended) you.

Dr Jekyll

Original Poster:

23,820 posts

261 months

Wednesday 22nd January 2020
quotequote all
Sheepshanks said:
TheHighlander said:
Turned out he had been arrested many years ago for drunk & disorderly and a bit of fighting, safe to say his new GF was no impressed as he was told to about turn and head back home and is now banned from entering the USA for 5 years.
I guess in your position you would hear these stories more than most, but there’s supposed to be no way they can routinely check these kinds of things. I saw someone claim he was bounced due to a careless driving conviction. The stupid thing is that even drunk driving doesn’t bar (no pun intended) you.
Maybe the arrest was in the US?

TheHighlander

1,291 posts

198 months

Wednesday 22nd January 2020
quotequote all
It can be very frustrating, we have had someone knocked back for careless driving years back (handbrake turns at Tesco) once the ESTA was refused he did the Visa and was accepted with no issue.

We try and tell customers to tell the truth as it will come back and bite them, but it's their responsibility that side of things.

We see all sorts smile

Sheepshanks

32,769 posts

119 months

Wednesday 22nd January 2020
quotequote all
TheHighlander said:
It can be very frustrating, we have had someone knocked back for careless driving years back (handbrake turns at Tesco) once the ESTA was refused he did the Visa and was accepted with no issue.

We try and tell customers to tell the truth as it will come back and bite them, but it's their responsibility that side of things.
I think they've changed the questions a bit as well recently, but a lot of them are open to interpretation - you really need to be able to say "no" to everything and most peple can.

A past drink driving conviction worries many people but the US Embassy website in Australia specifically says "a conviction for driving under the Influence is not considered a crime of moral turpitude with regard to the Visa Waiver Program" - so you answer No.

GCH

3,991 posts

202 months

Wednesday 22nd January 2020
quotequote all
Sheepshanks said:
The stupid thing is that even drunk driving doesn’t bar (no pun intended) you.
It doesn't from the US....but it does from Canada!
Even with a Canadian business visa every single time entering the country I was asked if I had a drink driving or DUI conviction in my past (I don't).


Sheepshanks said:
I think they've changed the questions a bit as well recently, but a lot of them are open to interpretation - you really need to be able to say "no" to everything and most peple can.

A past drink driving conviction worries many people but the US Embassy website in Australia specifically says "a conviction for driving under the Influence is not considered a crime of moral turpitude with regard to the Visa Waiver Program" - so you answer No.
The ESTA questions and the actual VWP (visa waiver) requirements under immigration law also slightly differ.....so you can answer the questions truthfully, be denied an ESTA, yet still be legally admissable, but have to go through the whole visa headache because ESTA says no.
The UK US embassy site also used to say that anyone with any arrest should apply for a visa.....completely wrong, but how many people did so necessarily over the years that duff info was on there?

Glad I no longer have to go through that rubbish

Edited by GCH on Wednesday 22 January 16:47

craigjm

17,955 posts

200 months

Wednesday 22nd January 2020
quotequote all
Yes getting a no from the ESTA does not mean you are barred from the USA. As above if your answer to any of the questions on the application is yes then you might as well not submit it and apply for a visa. Most visa applications will be accepted as long as your “crime” wasn’t serious or it was the travel to Syria and involved in terrorist activity type questions that you could not say no to. The visa process is relatively painless and quick compared to many other countries

Sheepshanks

32,769 posts

119 months

Wednesday 22nd January 2020
quotequote all
GCH said:
The ESTA questions and the actual VWP (visa waiver) requirements under immigration law also slightly differ.....
Hmm...maybe, but one is part of the other.

US CBP say "ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP)"

Australian's use the ESTA system, so while the info I posted does say VWP it automatically follows that it's valid for ESTAs.

Swern1

113 posts

55 months

Wednesday 22nd January 2020
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The Leaper said:
The ESTA application fee is $14. If he goes ahead and books the flight with BA during their sale (the tickets are not fully flexible) and his ESTA application is refused, he will be liable for BA's cancellation costs which can be considerable.

R.
Fully cancellable within 24hrs, which is less time than it takes to get an ESTA approved.

GCH

3,991 posts

202 months

Wednesday 22nd January 2020
quotequote all
Sheepshanks said:
Hmm...maybe, but one is part of the other.

US CBP say "ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP)"
ESTA is required to gain permission to board a carrier to the US to seek admission under the VWP and nothing more.


It is possible to be be VWP eligible and refused an ESTA, or be in possession of a valid ESTA but VWP ineligible - the two are distinct.....which is why you can fly to the US and be refused admission by CBP at your POE (or advised to withdraw your application for admission) and sent back to where you boarded.
It is also why you can fly to Canada or Mexico without an ESTA and enter the US via a land border if VWP eligible. (although of course Canada requires the ETA, with different requirements),


Still less hassle than a Russian or Indian multi entry business visa though hehe

AndyAudi

3,040 posts

222 months

Thursday 23rd January 2020
quotequote all
GCH said:
Still less hassle than a Russian or Indian multi entry business visa though hehe
FYI Indian one is now much easier they’ve introduced an E-Business visa - result in 24hrs, even after listing my Conviction for “driving too fast”. (Still has all the same questions though!)

I was wondering about that conviction on US Esta application last week meaning I needed to go visa route , but the questions did not ask about it & granted within 2hrs, I’d tell your mate just to apply for the esta, they’ll know the outcome pretty quickly & it’s cheap

GT03ROB

13,263 posts

221 months

Thursday 23rd January 2020
quotequote all
GCH said:
Still less hassle than a Russian multi entry business visa though :heh
….but that depends where you get them from!

A pain in the ass if you use the London embassy, quick & easy from a consulate just south of the Russian border.

Dr Jekyll

Original Poster:

23,820 posts

261 months

Friday 24th January 2020
quotequote all
His ESTA came through in 24 hours, so not an issue after all.

RC1807

12,532 posts

168 months

Friday 24th January 2020
quotequote all
Dr Jekyll said:
His ESTA came through in 24 hours, so not an issue after all.
Sometimes it's almost instantly approved - taking the user longer to log in and check that it's been done than it actually took to approve. smile

SlidingSideways

1,345 posts

232 months

Friday 24th January 2020
quotequote all
Wish I'd see this thread earlier as I filled ours out, all minus middle names.

The Leaper said:
My wife completed an ESTA application three weeks ago. She did not include all her other Christian names that are shown on her passport and she received her ESTA authorisation, no problem.
Ours have come back approved. The issue arises when the name on the ESTA doesn't exactly match your passport once you get to US immigration.
Tales on the web seem to suggest whether it's a problem is down to the official you get on the day.

Sheepshanks

32,769 posts

119 months

Friday 24th January 2020
quotequote all
SlidingSideways said:
Wish I'd see this thread earlier as I filled ours out, all minus middle names.

The Leaper said:
My wife completed an ESTA application three weeks ago. She did not include all her other Christian names that are shown on her passport and she received her ESTA authorisation, no problem.
Ours have come back approved. The issue arises when the name on the ESTA doesn't exactly match your passport once you get to US immigration.
Tales on the web seem to suggest whether it's a problem is down to the official you get on the day.
Some fun reading on the matter: https://www.thedibb.co.uk/forums/showthread.php?t=...

(and that's quite laid back by TheDibb's standards - they're usually hysterical about everything).

cashmax

1,106 posts

240 months

Wednesday 29th January 2020
quotequote all
TheHighlander said:
It can be very frustrating, we have had someone knocked back for careless driving years back (handbrake turns at Tesco) once the ESTA was refused he did the Visa and was accepted with no issue.

We try and tell customers to tell the truth as it will come back and bite them, but it's their responsibility that side of things.

We see all sorts smile
The reason for these refusals has little if anything to do with spent (or otherwise) minor convictions. There is almost always something else at play.

Sheepshanks

32,769 posts

119 months

Wednesday 29th January 2020
quotequote all
cashmax said:
TheHighlander said:
It can be very frustrating, we have had someone knocked back for careless driving years back (handbrake turns at Tesco) once the ESTA was refused he did the Visa and was accepted with no issue.

We try and tell customers to tell the truth as it will come back and bite them, but it's their responsibility that side of things.

We see all sorts smile
The reason for these refusals has little if anything to do with spent (or otherwise) minor convictions. There is almost always something else at play.
At the ESTA application there isn't that level of detail - if you tick the wrong box it gets rejected.