1.
Posted by
Macaaax
(First Time Poster 1 posts)
1y
1
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Hi so I’m not really sure if this is the correct group to post to but I’m in serious need of advice as I fly out next week to New York.
On May 2022 I was charged with drink driving, dangerous driving (reckless driving) and driving without a license, I was 17 at the time. I’ve now just turned 20 in march and those crimes were convicted to me when I was a minor and had a lot of issues with my mental health going on at the time as I wasn’t the best at the time so the court just charged me and given me youth justice and I had to complete 12 hours service work for the government which was completed and pay a fine of 100 court fees.
I applied for a ESTA as I’m flying from the UK to New York and the question asked was “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?”
I clicked no as I didn’t think that related to my crime as no one was hurt, and serious damage was not done, and I didn’t cause damage or harm to government authority. My ESTA was approved and now I’m worried shit when I go to the border when I land as I don’t know if I will get in and what will happen i don’t, but I hope I do as I’ve read a lot of mixed things online regarding the crime I committed and moral turpitude crime which I didn’t think moral terpitude related to me.
Could you guys please give me advice on what you think I should do?❤️✈️☁️
2.
Posted by
leics2
(Travel Guru 7289 posts)
1y
Star this if you like it!
Your question would have been better posted in the UK forum, where we regularly deal with questions like yours.
It would have been better to seek advice much earlier, not just a week before flying to the US!
The advice given by the US Embassy in London is very clear indeed:
>We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record .......attempt to travel visa free under the Visa Waiver Program.
>If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question is to apply for a visa.
https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/
Less than 3 years ago you were arrested and charged with 3 offences, then convicted of them.
In some cases whether an offence is CIMT depends on the circumstances, not just the offence itself. Only a visa/border officer can decide what charges you would have faced under US law in your particular circumstances and whether those charges might relate to CIMT.
>I’m worried shit when I go to the border when I land as I don’t know if I will get in and what will happen i don’t,
You're right to be concerned but you made the decision to apply for an Esta rather than take the visa route so you must face the consequences. Only you can decide whether to fly on the Esta or postpone your trip and apply for a visa.
When you land in the US you will go through Customs (border control). You'll have your photo and fingerprints taken/checked and answer some questions. It's possible for people to be taken for secondary (more detailed) questioning. People who look suspicious or nervous are obviously more likely to get extra questioning but it can...and does... also happen at random.
Answer all questions honestly and politely. Your offences were serious....and occurred less than 3 years ago... so do not underplay them. Drink driving and reckless driving both mean you knowingly risked the lives of others and driving without a licence means you were knowingly driving without insurance. Anyone whose car or property was damaged because of your actions would suffer financial loss because of that lack of insurance. Having mental isssues and/or being a minor do not excuse your actions...and the judge in your case clearly didn't think so... though either might be considered mitigating factors.
What can happen? You could be allowed in with no problems, you could be allowed in for a period shorter than the normal 90 days, you could be advised to apply for a visa next time or, worst case scenario, you could be denied entry and returned to the UK on the next available flight.
[ Edit: Edited on 31 Mar 2024, 07:20 GMT by leics2 ]