I have seen lots of threads and done lots of reading but honestly it is the most confusing thing I have ever encountered. My husband was convicted of causing serious injury by dangerous driving 10 years ago which resulted in a 14 month prison sentence. Should we skip the esta and go straight to the visa or is there a chance of an esta application approval? We have no interest in lying just wanting to know the best course of action.
Esta help
>is there a chance of an esta application approval?
No chance at all...unless your husband lies, which is a US criminal offence.
The relevant Esta question is:
>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?
Your husband was arrested and convicted of a crime which most definitely caused serious harm to another person... and he received a substantial custodial sentence for doing so. He cannot tick 'No' unless he lies. If he ticks 'Yes' the Esta will be denied and he'll be told to apply for a visa so there's no point in wasting the money.
My advice is to apply for a visa rather than lie. Your husband's offence was some considerable time ago and, assuming everything else is ok, he has a good chance of being granted a visa.
It's not really confusing. The advice given by the US Embassy in the UK is very clear:
>If you have ever been arrested, even if the arrest did not result in a criminal conviction, have a criminal record,.....we do not recommend that you attempt to travel visa free under the Visa Waiver Program.
[ Edit: Edited on 3 Nov 2024, 11:24 GMT by leics2 ]