If you are travelling to the US for 90 days or less, you will need to apply for an ESTA.
Which is almost similar to Canadian ETA or Australian ETA.
We also have a different guide about Canadian ETA.
Failure to obtain one means you won’t be let in.
But there are strict requirements to enter the country and a past run in with the law could work to your disadvantage.
Even if you arrest was years ago, it could keep you out of the US for good.
So what do you need to know?The ESTA form asks applicants the following:
"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?"
This question relates to ‘moral turpitude’ offences. Moral turpitude’ is a legal term in the US that includes offences relating to:
- Crimes against the person such as murder, manslaughter, rape, gross indecency, serious assaults, kidnapping
- Crimes against property such as arson, burglary, theft, robbery, fraud, receiving stolen property
- Crimes against government authority such as benefit fraud, tax evasion, bribery, perjury.
Factors such as your age at the time of the length of time that has passed since may affect whether it will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.
It’s key to note that your crime won’t be considered one of moral turpitude if:
You were under 18 when you committed the offence.
At least 5 years have elapsed since the date of your conviction or, where you were sentenced to a period of detention or imprisonment, at least 5 years have elapsed since the date of your release.
The maximum possible sentence for the offence was less than 12 months (regardless of the actual sentence you received) and you were sentenced to 6 months or less.
Some may consider lying on their application, thinking: “How will they find out?”
The United States does not have access to the Police National Computer. The security services do share information about high-profile crimes, serious offences or if someone is a security risk, but this is not as a matter of routine.
However, the United States authorities are able to seek details of any criminal convictions held on the Police National Computer on an individual request basis through Interpol channels.
If you do attempt to travel to the US having lied on your ESTA about your criminal convictions and are found out, you are potentially committing a criminal offence under US law.
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