Formerly held US VISA - Now want to travel with an ESTA

[teampjh 0]

In 2014 I travelled to the US on a non-immigrant holiday visa - I was granted a 10 year VISA, which is technically still in date but on a passport that has expired and I no longer have.

I believe that I never really needed a VISA, so I applied for an ESTA for my forthcoming trip. 

I was cautioned for criminal damage (under £500 - private property) in early 2000's - in answering the ESTA questions I believe that I am being honest in saying that I haven't been arrested, cautioned, convicted for a crime that would be deemed ineligible under the VWP. 

I am now concerned that when I go through US customs and get fingerprinted it is going to bring up the old VISA (technically still in date) and cause a problem. 

Should I apply for a VISA? In doing so will they think I have lied when applying for my ESTA. 

I am very anxious about the situation, but genuinely believe I can honestly say that I have not been convicted of a crime that would rule me out of an ESTA. Looking at the list of crimes of moral turpitude I don't believe this fits the bill

Your advice and thoughts are extremely welcome.

[Verrou 1,901]

did you have ESTA back when u applied for tourist visa?

 

normally when people have ESTA they dont apply for tourist visa unless they want to stay in the US longer than max 90 days of ESTA waiver.

 

 

Quote

I haven't been arrested, cautioned, convicted for a crime that would be deemed ineligible under the VWP. 

if you never been arrested etc, i dont know why you worried about this? 

 

[Vickys_Mom 195]

My initial thought is:  if you are "very anxious about the situation", then disclose what happened and provide documentation.  It's a case where you give them enough information to make a decision and let them decide.  This way no one can come back and say that you were misrepresenting your situation.

 

If you thought it was trivial and in no way would be an issue, I'd tell you to leave it out because it's something else that the embassy officer will need to review.  We try not to give them extra work to do because it makes it easier for them to stamp it and go on.

 

You can still say "I can honestly say..." on the application.  But if it bothers you, disclose it.

 

Regards,

Vicky's Mom

 

[teampjh 0]

Sorry for the confusion. 
 

My initial VISA was issued 2014 but no longer valid as I don’t have the passport. 
 

I have been cautioned for an offence - criminal damage - but I don’t believe it fits the category of ‘serious offence’

 

I have been issued a new ESTA - but worry that when I get fingerprinted at the airport it will bring up my old VISA and quesite will be asked. 
 

hope that makes sense 

[teampjh 0]

So my question is - shall I just go ahead with the ESTA?

 

or start a new VISA application - for which I am rapidly running out of time!

[Crazy Cat 39,731]

1 minute ago, teampjh said:

So my question is - shall I just go ahead with the ESTA?

 

or start a new VISA application - for which I am rapidly running out of time!

****Do not repeat this thread.  Use of multiple usernames is prohibited by the Terms of Service here on Visa Journey***  One duplicate thread has been removed***

[clarify 0]

Just now, Crazy Cat said:

****Do not repeat this thread.  Use of multiple usernames is prohibited by the Terms of Service here on Visa Journey***  One duplicate thread has been removed***

I think you are making assumptions about similar threads started at similar times. I am not a duplicate of this user - can you please restore my thread?

[Crazy Cat 39,731]

4 minutes ago, Crazy Cat said:

****Do not repeat this thread.  Use of multiple usernames is prohibited by the Terms of Service here on Visa Journey***  One extremely similar thread has been removed***

 

2 minutes ago, clarify said:

I think you are making assumptions about similar threads started at similar times. I am not a duplicate of this user - can you please restore my thread?

Sure.  The Mods have been notified.  Thread restored. 

Edited July 3, 2023 by Crazy Cat

[Verrou 1,901]

24 minutes ago, teampjh said:

I have been cautioned for an offence - criminal damage - but I don’t believe it fits the category of ‘serious offence’

 

I have been issued a new ESTA - but worry that when I get fingerprinted at the airport it will bring up my old VISA and quesite will be asked. 
 

hope that makes sense 

im a bit confused with ur post.

 

u said u had criminal damage offense. did it happen in the US? because it seems u are worried to get fingerprinted at the US airport and will connected to ur old visa. anyway, CBP can ask any question they want. just be honest and dont lie. noone can answer ur question about what question CBP will ask. 

 

[retheem 553]

1 hour ago, teampjh said:

In 2014 I travelled to the US on a non-immigrant holiday visa - I was granted a 10 year VISA, which is technically still in date but on a passport that has expired and I no longer have.

I believe that I never really needed a VISA, so I applied for an ESTA for my forthcoming trip. 

I was cautioned for criminal damage (under £500 - private property) in early 2000's - in answering the ESTA questions I believe that I am being honest in saying that I haven't been arrested, cautioned, convicted for a crime that would be deemed ineligible under the VWP. 

I am now concerned that when I go through US customs and get fingerprinted it is going to bring up the old VISA (technically still in date) and cause a problem. 

Should I apply for a VISA? In doing so will they think I have lied when applying for my ESTA. 

I am very anxious about the situation, but genuinely believe I can honestly say that I have not been convicted of a crime that would rule me out of an ESTA. Looking at the list of crimes of moral turpitude I don't believe this fits the bill

Your advice and thoughts are extremely welcome.

You were not arrested. Being honest is a good thing. Honesty is a relative term. Whatever you do with these pieces of info is up to you

[Boiler 43,787]

59 minutes ago, retheem said:

You were not arrested. Being honest is a good thing. Honesty is a relative term. Whatever you do with these pieces of info is up to you

Being Cautioned is a UK thing and it is a yes to the first question, it is an admission of guilt, you can refuse a Caution.

 

They changed the wording a few years back on the ESTA/VWP so you can still get approved with a minor issue.

 

If the OP still had the Passport then they could have travelled on the old one together with the new one.

[MaxP22 172]

You were arrested and  cautioned so accepted you commited a crime. How can you think the answer to the ESTA question is no?

 

It should be yes.

[teampjh 0]

2 minutes ago, MaxP22 said:

You were arrested and  cautioned so accepted you commited a crime. How can you think the answer to the ESTA question is no?

 

It should be yes.

the question refers to ‘serious crime’

 

my answer to the question below, genuinely and honestly, is No…

 

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

 

in order for the answer to be an automatic ‘Yes’ (regardless of the type of arrest / severity of the crime), question would have to be (simply) ‘Have you ever been arrested or convicted of a crime?’

[Boiler 43,787]

2 hours ago, teampjh said:

the question refers to ‘serious crime’

 

my answer to the question below, genuinely and honestly, is No…

 

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

 

in order for the answer to be an automatic ‘Yes’ (regardless of the type of arrest / severity of the crime), question would have to be (simply) ‘Have you ever been arrested or convicted of a crime?’

 

They made it vague and as far as I am aware there is no clear definition.

[MaxP22 172]

5 hours ago, teampjh said:

the question refers to ‘serious crime’

 

my answer to the question below, genuinely and honestly, is No…

 

Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

 

in order for the answer to be an automatic ‘Yes’ (regardless of the type of arrest / severity of the crime), question would have to be (simply) ‘Have you ever been arrested or convicted of a crime?’

 

If it wasn't 'serious' you would not have received a caution.

 

Stop trying to fit the question around to suit your needs. The answer to the question is a clear 'yes' for you.

 

ESTA is for the squeeky clean. You are not.