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Ben Jones
Ben Jones, UK Lawyer
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Several years ago I put an electrical socket in my pocket

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Several years ago I put an electrical socket in my pocket and forgot as I was all over the place(my father had just passed away) I got a caution for it,(never been in trouble before) am going to boston america in a couple of days to visit family, am I ok to do this have received my esta back. Thanks
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You were arrested for a crime involving moral turpitude. If you incorrectly answered no to the question asking whether you have been arrested for a CIMT and your ESTA was issued as a result of this incorrect answer, it would be technically invalid and you should really be applying for a non immigrant visa.

May I help further?
Customer: replied 2 years ago.

I Thought these things only lasted for 5 years, I thought moral turpitine was for serious affences!

Expert:  Ben Jones replied 2 years ago.
Hi, you are correct that the crime in your situation will not be a crime of moral turpitude. You can get the full list of offences here:http://www.state.gov/documents/organization/86942.pdfHowever, it is not just crimes of moral turpitude that will affect your entry status to the USA. You have not actually stated if you were arrested at the time? If you were, then that automatically makes you ineligible for ESTA travel because any arrests, no matter how long ago or for what reason must be declared before travel and would require you to get a visa for entry into the country.The 5 year rule does not apply to travel to the USA, this is just a UK rule, not applicable to the rules that apply for travel to the US.Regardless of any of the above, it would not be a disaster if you actually travel on the ESTA, even if you were arrested and did not declare it. Technically it would be an invalid ESTA approval, under which you should not travel but the chances of the US authorities finding out about this incident without you telling them are negligent. They do not have access to your police records so they cannot check what you have or have not been involved with in the past. Also as this is such a minor issue you would not be on any international crime lists that they may have access to. So whilst legally wrong, many people do travel on ESTA even if they should not be, of course I cannot advise you on whether to still continue with your travel plans based on this and the final decision rests with you. Hope this clarifies your position?
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46188
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 2 years ago.

I was told cautions were spend after 5 years, i was never convicted or appeared in court, if they have no records of a spupid incident that happened years ago then i'll go paid a lot 0f money for tickets. Thanks

Expert:  UKSolicitorJA replied 2 years ago.
Theft of property is a crime involving moral turpitude. It does not matter when the offence took place. However, it is unlikely that US immigration will find out about your caution if you do not declare it to them and if you are willing to take the risk and travel to the US on the strength of your ESTA, you may do so as that is your personal choice.

But strictly speaking, you should have applied for a US non immigrant visa from the US embassy.

All the best

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