Previous Green Card holder, possible pending US warrant with Esta

[Jambag 1987 0]

Firstly, I would like to thank anybody that voluntarily gives up their free time to try and supply clarity on an issue that has been hanging over me for a long time. I truly appreciate it.

I am going to try and be efficient with the relevant parts of my story so hopefully someone can help me. My story runs like this;

- From Ireland

- No criminal record

- Approved J1 18 month visa

- Married an amazing American lady while in CA

- Was given a 2 year green card

- Broke up with the amazing American lady

- Got a misdemeanor in CA for drunken disruption of peace

- Went to court, paid the fine

- Got in a fight with an American bar owner on the street, cops were 100% getting involved and I ran

- I left America shortly after

- Green card has now expired

- Applied for an Esta this week, answered no to criminal record questions, the Esta was approved

*you can see that I was a broken mess after the break up but still no excuse.

My number one priority is not to spend any time in the American jail system.

My question to anyone that can help me is;

Considering that I have an approved Esta what are the chances that when I get to American Immigration Pre-Clearance in Dublin Airport and they run my biometrics;

1 - That they see a possible pending warrant for my arrest in CA

2 - If they do, will they refuse me entry or arrest me in Dublin Airport with the intention of incarcerating me in transit to appropriate CA court

3 - If they do and only refuse my entry with no arrest, will I be banned for life for lying on my Esta application (don't know if I was lying by definition)

4 - Any advice? I am beating myself up badly about this.

Thank you so much to anyone that can help me on this.

I have family in America that I would very much like to see.

[Boiler 43,430]

Why did you answer no?

[JFH 12,189]

1. It's highly likely that when you add your APIS to your flight booking that your warrant will show up. That's why they ask for such information in the first place.

2. They can refuse entry for any reason they like, warrant or no warrant. An ESTA approval is no guarantee of entry. I don't know what the extradition agreements are between Ireland and the USA. But they will want their pound of flesh, that's for sure. And they will go to all lengths. My husband was once extradited from one state to another and it took 10 days to move him at huge expense. And that was because of a parole violation.

3. Yes you will be banned. I'm not sure if for life or a certain number of years but in any event you shouldn't even be thinking about using the ESTA process because of your record.

4. Contact a lawyer?

[Transborderwife 4,666]

Possible misrep ban. Why would you lie?

[az2014 381]

Apply for another ESTA and this time don't lie?

[Jambag 1987 0]

Hi guys,

Thank you for the responses.

The reason that I answered no was because;

- During the process of the received misdemeanor I was told that I would not have a criminal record.

- With the second incident entailing the fight, I never interacted with a police office and in my mind never was convicted.

Are both of these points incorrect?

From my research online, I did not conflict with moral turpitude.

Am I wrong in this?

Is the granting of my ESTA of no value and merely is an avenue for the authorities to lure me in and put me under custody?

Thanks again.

[Boiler 43,430]

- During the process of the received misdemeanor I was told that I would not have a criminal record.

???? Even if that was true, which it is not, that is not what ESTA asks.

[Penguin_ie 5,985]

Are you sure there is a warrant? If it was just a fight with no major injury, they may have dropped it, in which case, you'd be clear Warrants, I believe, are a matter of public record and you may be able to find it online.

[JFH 12,189]

The actual question is "have you ever been arrested or convicted for a crime..." You were arrested. With the second incident, the only reason you weren't arrested is that you fled. You most definitely would have been had you remained at the scene. The fleeing is also a crime as you were evading arrest.

there is another question about misrepresenting yourself to obtain entrance - you possibly are also doing that now.

As to the fight and whether it involved moral turpitude, it would technically depend on the seriousness and the nature of the injuries. I suspect the other party was badly injured and that's why you fled. Had it been a bit of a push and shove I doubt you would have fled. Did it involve a weapon or anything that was used as a weapon?

[RJS7 5]

???? Even if that was true, which it is not, that is not what ESTA asks.

IRCC the ESTA asks if you have been arrested or convicted for a crime that resulted in serious injury to a person or serious harm to property or government. Therefore, if the arrest and/or conviction does not relate to said crime then it is not required to be disclosed. What constitutes "serious" however is not something I can say but there are help guidelines on the ESTA website.

A misdemeanour is a crime AFAIK, being a lesser grade than a felony. In some States a violation is not a crime (but is an offence) that does not result in a criminal record. But like I said if it not the kind of "serious" crime mentioned above then my opinion (layman) is that there is no misrep when not disclosed on an ESTA.

Totally separate to the issue of the ESTA is the issue of an outstanding warrant. I would find it incredible that a person would not be arrested at POE if CBP know (or become aware during routine questioning) there is an outstanding arrest warrant. However I am not a lawyer so I don't know what powers a Federal agency would have with respect to a violation of a State law (other than heavy duty ones like murder).

[Darnell 8,478]

if there was an arrest warrant out on you, it'd be in a computer system somewhere.

I suggest you look into that, nowish, next.

The prior misdemeanor sounds like it was cleared out.

as to you answering the questions right or wrong, I've no comment on that. Others have already commented, though, so pay attention to that.

[Penguin_ie 5,985]

To your other question- it is unlikely they would "lure you in".

It is more likely they will deny you entry at pre-clearance, and you will loose the money you paid for the flight and possibly banned for a period of time or life. Or that, if you do make it to the USA somehow but there is an arrest warrant out, that someone does a background check (when you rent a car or appartment for example, or if you get stopped near a border or for speeding etc), they find out and then you are in trouble.

[Boiler 43,430]

Somebody I know was picked up at DIA with an outstanding warrant, nothing serious, and that was an internal flight.

[Pinkrlion 2,607]

if he has a warrant regardless of in what state, he will be detained at POE.

[aaron2020 11,651]

You may want to read this; http://www.usentrywaiverlaw.ca/warrant.php