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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am looking to travel to the USA sometime later this year

Resolved Question:

I am looking to travel to the USA sometime later this year on holiday with my new girlfriend/fiancée. I am a British citizen and have travelled to the USA before. I have looked through the Esta process and the question has changed relating to criminal offences. It used to say within last five years. Now says ever !! I have a criminal record from 1996-98 I was serving 30 months for indecent assault. Will I be able to apply under VWP or using the B2 application process ?? Would I have any issues at CBP checkpoint on arrival in US.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you been to the USA before but after you were convicted please?
Customer: replied 3 years ago.
Yes I had travelled several times for holidays sometimes twice yearly upto 2008 and not been back since
I was convicted and sentenced in November 1996 to 30months of which I served 15 inside and 15 on license
I was able to sign the VWP previously cos is asked if had been convicted in last five years but now it has changed wording !?!?!
Expert:  Ash replied 3 years ago.
What was the offence?
Customer: replied 3 years ago.
It was indecent assault x 5
including 3x<15 female and 1<13female and 1x<15 boy
Expert:  Ash replied 3 years ago.
It's bad news I am afriad. This is an offence of moral turpitude, please see
Number 12. If they have changed the question clearly you should give an honest reply. If you do not then whilst it is true the USA do not have access to uk criminal records, they only share details of terrorist activities, you may get through without a problem.
But you may be unlucky and they pick up information. I have to tell you to declare it, but many thousands of people trave, to the USA every year who have convictions without a problem.
Can I clarify anything for you about this today please?
Customer: replied 3 years ago.
So would you know if I was to make a full visa application rather than VWP OR ESTA and obviously declared the offences would they consider my application at all ??
Expert:  Ash replied 3 years ago.
They would consider it of course, but whether you would be successful is another issue. The fact you have been before and there have been no further offences is certainly a matter which would greatly assist you. But the offences are also very serious.
Does that clarify?
Ash and 2 other Law Specialists are ready to help you