Entry in to the US with criminal record?
Discussion
In September I'm going on holiday to Florida with my family. My sister is bringing her boyfriend along with her who is now 19. A couple of years ago he was arrested for criminal damage. He never went to court and was never convicted. If he answers no to all the questions on the visa waiver, is there a chance he could be denied entry? I am about to do an 'esta' application for him online, if this comes back authorised, should we worry any further?
Criminal damage probably does fall within the realm of CIMT.
ESTA asks if you have been arrested (not necessarily convicted). So it's all down to whether you are prepared to lie to a US federal agency, or not.
To be fair USCIS are more concerned with serious, habitual criminals and those most likely to be a security risk, or narcotics felon. This guy won't be on the radar, if he's being straight with you.
Personally, I'd have him make his own ESTA application. If you do it - and knowingly lie - you are in the frame for penalties (including deportation) too, if you and or him were unlucky enough to be investigated by CBP.
ESTA asks if you have been arrested (not necessarily convicted). So it's all down to whether you are prepared to lie to a US federal agency, or not.
To be fair USCIS are more concerned with serious, habitual criminals and those most likely to be a security risk, or narcotics felon. This guy won't be on the radar, if he's being straight with you.
Personally, I'd have him make his own ESTA application. If you do it - and knowingly lie - you are in the frame for penalties (including deportation) too, if you and or him were unlucky enough to be investigated by CBP.
It's probably too late to apply for a visa anyway, but he should be absolutely fine. The US Embassy site for Australia used to say it was OK for Australians to use the old visa waiver system if they'd been done for drunk driving, whereas I know people from the UK who were told they had to have visas - but you'll always be told to apply for a visa if you ask.
Just don't joke with the immigration officer - no smartarse remarks about his previous etc.
Just don't joke with the immigration officer - no smartarse remarks about his previous etc.
Matt Harper said:
Personally, I'd have him make his own ESTA application. If you do it - and knowingly lie - you are in the frame for penalties (including deportation) too, if you and or him were unlucky enough to be investigated by CBP.
This. Also make sure he uses his own email address and not your one to be 100% sure you cannot be associated with his application if immigration want a chat with him on arrival.Matt Harper said:
Criminal damage probably does fall within the realm of CIMT.
ESTA asks if you have been arrested (not necessarily convicted). So it's all down to whether you are prepared to lie to a US federal agency, or not.
To be fair USCIS are more concerned with serious, habitual criminals and those most likely to be a security risk, or narcotics felon. This guy won't be on the radar, if he's being straight with you.
Personally, I'd have him make his own ESTA application. If you do it - and knowingly lie - you are in the frame for penalties (including deportation) too, if you and or him were unlucky enough to be investigated by CBP.
http://docs.google.com/viewer?a=v&q=cache:m4mr...ESTA asks if you have been arrested (not necessarily convicted). So it's all down to whether you are prepared to lie to a US federal agency, or not.
To be fair USCIS are more concerned with serious, habitual criminals and those most likely to be a security risk, or narcotics felon. This guy won't be on the radar, if he's being straight with you.
Personally, I'd have him make his own ESTA application. If you do it - and knowingly lie - you are in the frame for penalties (including deportation) too, if you and or him were unlucky enough to be investigated by CBP.
Is the relevant document. Malicious destruction of property is on the list, but that crime has an intent to cause damage included. So technically that would hinge on the offender's state of mind.
However, since it's all a bit of a fudge, I'd suggest to him that since he was under 18 at the time it's Juvenile Delinquency, which doesn't fall under CIMT.
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