Usa And Esta

[bunny99]

I am looking on visiting the USA, I have previouslly been to the USA under the ESTA programme, I went to Flordia last year, but recently discovered that I have a police caution from 6 years ago (can't remember having it thoas hard as that is to believe)

I want to tell the truth on the ESA next time I visit the USA but am affraid that as I have ineffect concealled the police caution from the USA goverment and I will not be granted a B2 visa as I know I am ineligable for the ESTA programme

Any help woul be greatful

[bednobs]

If you only got an esta last year it will still be valid

[bunny99]

Thank you both for your reply :-)

The issue I have is that me partner wants to move to the States (hes British) How do I deal with the issue of basically lying on the ESTA?

[EcclesCake]

Do you want to move to the US with him?

[bunny99]

EcclesCake - I am planning to move with him although eventually as we initally wanted to go and look at 2/3 places over there first before making the decision

[Buenchico]

How is the relevant question actually worded on the ESTA form? If it only asks about 'convictions' you're in the clear as far as 'lying' is concerned, since a caution is NOT a conviction.

(Before someone else points it out, I know that accepting a caution is acknowledging carrying out an offence which, if it relates to 'moral turpitude', still carries an automatic ban on admission to the USA under the US Immigration and Nationality Act. My post relates purely to whether inaccurate information was provided in the ESTA application)

[dzug2]

Looking further ahead - does your partner have a job skill that would convince a US employer (at no little expense to himself) to offer him a job - and one that cannot be filled by someone already in the US?

If not - then forget the entire enterprise.

If so you probably need the services of an immigration lawyer

[dzug2]

The question is:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

I thought to receive a caution you had to first be arrested - but ICBW

[Buenchico]

If only 'moral turpitude' offences need to be declared then Bunny99 is in the clear (with regard to lying on the form) if the arrest/caution was, for example, for being drunk and disorderly (or for a minor assault) but 'up the creek without the proverbial paddle' if the arrest/caution involved any form of theft.

[bednobs]

From previous question it was shoplifting

[bunny99]

thanks for the reply
my other half has a masters in forensic computing so will see if I can find an immergration lawyer to aid in the situation