Travel to the USA - ESTA form

[Mansy 0]

I've booked a holiday later this year where I have to travel through the states. I've recently found out I need to apply for a visa waiver through an online esta form, on which it asks the question "have you ever been convicted of a crime of moral turpitude?" Or similar words to that affect.

My problem is that I have a criminal record but I dont know if it is a crime of moral turpitude! So I was wondering if I just tick 'no' on the form is there any way the US customs and immigration can find out about my record when they take fingerprints and scan my passport upon entry? Has anyone had any similar experiences recently or does anyone know what information they can see when they scan your passport etc? (I hold an Irish passport).

Any advice would be greatly appreciated as I have been researching this online for quite a while and I cannot find any definitive answers.

[Justine+David 218]

They may let you through even if you do have a defined crime not letting you in, but when they find out later on, you will have a ban on yourself. Lying (even unknowingly) is the biggest no-no when it comes to coming to the US, second to I would suppose saying that you are a US citizen when you're not.

What kind of crime is it and when was it? We can't help you unless you're honest and upfront.

[Mansy 0]

They may let you through even if you do have a defined crime not letting you in, but when they find out later on, you will have a ban on yourself. Lying (even unknowingly) is the biggest no-no when it comes to coming to the US, second to I would suppose saying that you are a US citizen when you're not.

What kind of crime is it and when was it? We can't help you unless you're honest and upfront.

Thanks for the reply. Its an assault charge from about 7 years ago which I'm not proud of. I was just wondering what information they can see when they scan your fingetprints and passport?

[Penguin_ie 5,994]

*** Moving from Waivers to Tourist visa, as we are talking about a different type of waiver here ****

A common assault is not a crime of moral turpitude.

[jaycali 415]

I get this question a lot. Can the US access criminal records in foreign countries? Generally no. I don't know what country you're from, but I know most VWP countries do not share their citizens' criminal records with foreign governments including the US government.

However, lying on that form is a huge no-no and will cause you to become ineligible for life if you ever decide to apply for any more permanent visa (since you'll then need to provide a police record and they'll see you lied before).

As far as moral turpitude goes, it depends on the severity of the assault charge. Simple assault does not involve moral turpitude. Assault with a deadly weapon, or with intent to kill does.

Edited June 17, 2012 by jaejayC

[Noah Lot 391]

I get this question a lot. Can the US access criminal records in foreign countries? Generally no. I don't know what country you're from, but I know most VWP countries do not share their citizens' criminal records with foreign governments including the US government.

However, lying on that form is a huge no-no and will cause you to become ineligible for life if you ever decide to apply for any more permanent visa (since you'll then need to provide a police record and they'll see you lied before).

As far as moral turpitude goes, it depends on the severity of the assault charge. Simple assault does not involve moral turpitude. Assault with a deadly weapon, or with intent to kill does.

The OP should check with his/her local laws and find out (a) what the charge was and (b) what was the MAXIMUM possible sentence for said crime...in general, a possible sentence of more than 12 months in jail might rise to the level of a CIMT...do not check 'no' because your arrest record via fingerprints will likely surface, and that lie will put an immediate end to your visa interview, because your credibility will have dropped to zero (or below) with no recourse.

[Mansy 0]

The OP should check with his/her local laws and find out (a) what the charge was and (b) what was the MAXIMUM possible sentence for said crime...in general, a possible sentence of more than 12 months in jail might rise to the level of a CIMT...do not check 'no' because your arrest record via fingerprints will likely surface, and that lie will put an immediate end to your visa interview, because your credibility will have dropped to zero (or below) with no recourse.

So are you saying that they do have access to UK fingerprint databases?

[Mansy 0]

I get this question a lot. Can the US access criminal records in foreign countries? Generally no. I don't know what country you're from, but I know most VWP countries do not share their citizens' criminal records with foreign governments including the US government.

However, lying on that form is a huge no-no and will cause you to become ineligible for life if you ever decide to apply for any more permanent visa (since you'll then need to provide a police record and they'll see you lied before).

As far as moral turpitude goes, it depends on the severity of the assault charge. Simple assault does not involve moral turpitude. Assault with a deadly weapon, or with intent to kill does.

I am from Ireland and have an Irish passport. Do you know what info is electronically held on a passport?

[jaycali 415]

So are you saying that they do have access to UK fingerprint databases?

I am from Ireland and have an Irish passport. Do you know what info is electronically held on a passport?

I don't know what Britain and/or Ireland's policies are, but I know for a fact that the US cannot access foreign criminal records unless the country specifically allows foreign governments to do so. I can only speak for Norway, and I know Norway does not share criminal records with any foreign country unless there's an INTERPOL warrant (or the like), or specifically consented to by the citizen.

A passport does not hold your criminal record on it, and unless there's a warrant out for your arrest, no record of crimes outside the US will pop up once scanned. It holds biometric data which is generally run through an interagency database to look for warrants, past overstays etc.

This being said, lying on an ESTA form is a no-no, and I highly suggest that if unsure, apply for a visa. What you answer on an ESTA form will stick with you for life, and if you ever want to apply for a more permanent visa (which requires you to submit a police certificate) you'll risk being barred from entry for life if discovered you lied about a CIMT.

Edited June 20, 2012 by jaejayC

[Mansy 0]

I don't know what Britain and/or Ireland's policies are, but I know for a fact that the US cannot access foreign criminal records unless the country specifically allows foreign governments to do so. I can only speak for Norway, and I know Norway does not share criminal records with any foreign country unless there's an INTERPOL warrant (or the like), or specifically consented to by the citizen.

A passport does not hold your criminal record on it, and unless there's a warrant out for your arrest, no record of crimes outside the US will pop up once scanned. It holds biometric data which is generally run through an interagency database to look for warrants, past overstays etc.

This being said, lying on an ESTA form is a no-no, and I highly suggest that if unsure, apply for a visa. What you answer on an ESTA form will stick with you for life, and if you ever want to apply for a more permanent visa (which requires you to submit a police certificate) you'll risk being barred from entry for life if discovered you lied about a CIMT.

Thanks jaejay, your knowledge and information is very helpful. Can I ask where you get your information from?

[jaycali 415]

Thanks jaejay, your knowledge and information is very helpful. Can I ask where you get your information from?

Well like I said, I can only speak for Norway as far as sharing criminal records. They specifically require an international warrant to give out information about a person's criminal record to a foreign government. Either that, or written consent from the person in question. Many EU countries have the same laws. If the UK shares criminal records with the US, your prints might come up.

I did ask out of pure interest at my local PD when I got my passport renewed what's stored on the biometric ones. A biometric passport is essentially an ID with stored biometric data such as your finger fingerprints etc. to make it virtually impossible to fake. The CBP at POE run it through US-VISIT and the IBIS system and they can easily check US criminal records and immigration records.

Again, if you suspect your conviction might be a CIMT, I'd contact your local consulate/embassy and ask. It's not an automatic refusal, and you don't run the risk of a lifetime bar from entry.

Edited June 22, 2012 by jaejayC