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Visa Waiver Program for travel to USA with Probation Act

  • 16-09-2013 11:00am
    #1
    paddymacfisto
    Registered Users Posts: 6 ✭


    I know I know... I've read all the other threads about the Probation Act and travelling to the US but having read all the info about the ESTA application I've gotten myself worried about it all over again. So here's the info:

    In 1999 I received the benefit of the Probation Act and paid some money into the court poor box, in relation to being drunk and disorderly. I'm wondering should I declare this on the ESTA application or not. I've since been Garda vetted twice and both times came out fine if that's additional useful information. I've paid a fine for a traffic accident I was in in 2008 also, but received no points on my license. The fine was for Driving without due care and attention. No other arrests or court appearances or anything like that since the above, in full employment and all that.

    If I was to be an "honest injun" and declare the previous arrest on the ESTA application how long would a Visa application take? If I applied now would I get it before November?

    Many thanks in advance for any responses
    Tagged:


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    The question if I remember is have you been arrested or convicted of a crime involving moral turpitude. More info on moral turpitude here http://www.state.gov/documents/organization/86942.pdf


  • #3
    Holsten
    Registered Users, Registered Users 2 Posts: 4,971 ✭✭✭Holsten


    There is no way to give you a realistic timeline on how long your application would take.

    Look at it this way, you currently have no conviction. You were in court not for a crime of moral turpitude, and the Americans will only have the info you choose to give them....


  • #4
    paddymacfisto
    Registered Users Posts: 6 ✭paddymacfisto


    The answer to the question based on my interpretation of the question would be to just Check the "no" box. But I'm no US Immigration officer... Based on a few other threads and various other sites I've checked they made this question deliberately ambiguous so they could interpret it any way they want.

    On the Dublin US Embassy website it says this in relation to applying for a Visa (not the ESTA):
    Some applicants are uncertain how to answer the question, "have you ever been arrested or convicted?

    Criminal Convictions
    Under United States visa law, people who have been arrested at anytime are required to declare the arrest when applying for a visa or when applying to enter the United States. If the arrest resulted in a conviction, the individual may be permanently ineligible to receive a visa. In order to travel, the applicant should apply for a visa and a waiver of the permanent ineligibility is required.

    I was arrested "at any time" but don't have a criminal conviction... Right now I'm checking "no" on the ESTA form. If I was going for a Visa I'd definitely declare the previous arrest though.


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