Not authorized for travel- ESTA

[JFH 12,189]

Did your husband declare his previous wrongdoings when applying for the ESTA? Although it sounds like your ex boyfriend’s sister may have committed a severe breach of authority by blocking someone from seeking admission (that’s all the ESTA does - it allows you to seek permission to enter) based on rumors and family disputes, if your husband has committed crimes in the past these have probably come to haunt him. 

[JessNPaul 0]

43 minutes ago, JFH said:

Did your husband declare his previous wrongdoings when applying for the ESTA? Although it sounds like your ex boyfriend’s sister may have committed a severe breach of authority by blocking someone from seeking admission (that’s all the ESTA does - it allows you to seek permission to enter) based on rumors and family disputes, if your husband has committed crimes in the past these have probably come to haunt him. 

You’re probably right.  The record doesn’t include “crimes of moral turpitude” but the fact remains- it exists.  

[Just Paul 4,591]

1 hour ago, JessNPaul said:

husbands criminal past (alcohol/domestic disputes) could’ve been used against him

Well that can disqualify the use of ESTA.  It can also cause issues getting a spousal visa.   Are you planning on living there if you can't get a VISA? 

 

You will find you get better answers if you give the complete story and not waste peoples time.  Criminality is one of those areas where you might seek the advise of an attorney.

[geowrian 22,335]

8 hours ago, JessNPaul said:

You’re probably right.  The record doesn’t include “crimes of moral turpitude” but the fact remains- it exists.  

It's impossible to say if there are CIMTs or not. The types of crimes noted previously may or may not fall under CIMT for immigration purposes, depending on the specific facts (not just how they were charged).

There may or may not be a psych eval necessary if there is a concern of alcohol abuse. That's not something that would be known with certainty until the medical comes around.

[mtempelaar 190]

10 hours ago, JessNPaul said:

husbands criminal past (alcohol/domestic disputes) could’ve been used against him

This in itself can result in an ESTA denial.   My brother-in-law was refused an ESTA due to same and had to miss our wedding because of it.  His B2 was later approved (after our wedding) but it took > a year.  

 

This possibly could impact your spouse visa.  Make sure you have everything well documented for any questions and any open criminal issues resolved (i.e. fines paid off).     You may want to talk through contingency plans such as moving there to be with him if a spouse visa fails.

[JFH 12,189]

Seems like it would be much easier for the OP to move to the UK, assuming she has no criminal record. 

[SalishSea 16,721]

19 hours ago, JessNPaul said:

Now we’ve married and I’m afraid whatever caused the ESTA to be revoked will delay or deny our I-130.  

This.  My guess is you will need a lawyer.

[JessNPaul 0]

10 hours ago, mtempelaar said:

This in itself can result in an ESTA denial.   My brother-in-law was refused an ESTA due to same and had to miss our wedding because of it.  His B2 was later approved (after our wedding) but it took > a year.  

 

This possibly could impact your spouse visa.  Make sure you have everything well documented for any questions and any open criminal issues resolved (i.e. fines paid off).     You may want to talk through contingency plans such as moving there to be with him if a spouse visa fails.

The “criminal record” I’m speaking of is over 20years old and simply has to be included or he could be denied based on that.  I have a “criminal record” as the definition would suggest.  Who doesn’t?  (That comment should envoke passionate responses from those not seeking to actually help me with their advice but scold me for not disclosing information in my original post) 

Seriously, I just wanted to make sure I include any and all info/proof they need to avoid delaying my application for longer than the 15mons it takes. 

[SalishSea 16,721]

5 minutes ago, JessNPaul said:

 I have a “criminal record” as the definition would suggest.  Who doesn’t?  (That comment should envoke passionate responses from those not seeking to actually help me with their advice but scold me for not disclosing information in my original post) 

LOL Me.  I don't have a criminal record.  No one was scolding, but as the info you omitted on your original post was actually crucial, many of the responses you first got were going down the wrong path.

 

People want to help, and can help you more with the big picture, rather than bits and pieces.

Edited July 2, 2019 by Jorgedig

[beloved_dingo 1,926]

@JessNPaul The important take-aways from the responses you are getting are 1) ESTA denials/revocations in themselves do not negatively impact a spousal visa; 2) The reason for the denial/revocation could be anything, and there's really no reason to dwell on it; 3) The criminal record could be the reason for the ESTA issue. Do you know if he disclosed his prior conviction when applying for the original ESTA he used to come to the US in 2017? Also I didn't notice if you answered this or not - did he overstay his ESTA at all? Or even reach the 90-day limit?

 

Regarding the spousal visa, if his criminal conviction is something relatively minor from 20 years ago, it will have little to no impact on the spousal visa as long as you are both completely honest from the get-go. If it is something more serious, I would suggest you do as much research as possible regarding how that particular offense could negatively impact your odds of approval, and how to overcome it (which could include needing to hire a lawyer).

Wishing you and your husband the best of luck.

[Boiler 43,363]

A criminal record bad enough to impact ESTA would likely be an issue for an Immigrant Visa, plus of course Misrepresentation assuming it was not declared.

 

I always assumed most people do not have a criminal record, perhaps I hand in the wrong circles.

[JFH 12,189]

13 hours ago, JessNPaul said:

The “criminal record” I’m speaking of is over 20years old and simply has to be included or he could be denied based on that.  I have a “criminal record” as the definition would suggest.  Who doesn’t?  (That comment should envoke passionate responses from those not seeking to actually help me with their advice but scold me for not disclosing information in my original post) 

Seriously, I just wanted to make sure I include any and all info/proof they need to avoid delaying my application for longer than the 15mons it takes. 

Unfortunately, from personal experience, a criminal record (even from the 1990s) can be a bar to you living in the UK also. The only reason I am sitting here in Washington state is because my husband’s criminal record from over 20 years ago had made him permanently ineligible to live in the UK. The US at least has a waiver of ineligibility option. No such thing for the UK. 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[JessNPaul 0]

On 7/2/2019 at 3:51 PM, JFH said:

Unfortunately, from personal experience, a criminal record (even from the 1990s) can be a bar to you living in the UK also. The only reason I am sitting here in Washington state is because my husband’s criminal record from over 20 years ago had made him permanently ineligible to live in the UK. The US at least has a waiver of ineligibility option. No such thing for the UK. 

Hi JFH, 

Thank you for taking the time to write to Jess, i am Paul and the one who has the criminal record, i dont want to go into too many details but yes it is fairly extensive, there are 2 crimes of moral trepitude i believe ( being carried in a stolen car that was written off ) and theft from a non dwelling ( it was a crate of beer from a shed ) my last crime was actually10 years ago today and it was drink driving . I was wondering if you or anyone else knows if i can start applying / begging for the waiver now as apposed to in 14 months time when our I130 application has been processed ?    NO DRUGS OR MURDER ETC..  just basically growing up about 15 years later than i should have .

 

 

Paul

Edited July 31, 2019 by JessNPaul

[geowrian 22,335]

1 minute ago, JessNPaul said:

Hi JFH, 

Thank you for taking the time to write to Jess, i am Paul and the one who has the criminal record, i dont want to go into too many details but yes it is fairly extensive, there are 2 crimes of moral trepitude i believe ( being carried in a stolen car that was written off ) and theft from a non dwelling ( it was a crate of beer from a shed ) my last crime was actually 20 years ago today and it was drink driving . Im wondering if you or anyone else knows if i can start applying / begging for the waiver now as apposed to in 14 months time when our I130 application has been processed ?  

Paul

The waiver would only apply after being determined otherwise eligible for the visa. You will need to wait out the refusal, being notified of the availability of the waiver, then applying for it.