ESTA CIMT non-declaration and future impacts

[mitch48 4]

What mindthegap is explaining is called the 'petty offence exception' and is only useable under the exact criteria which he has explained. However, where you may very well run into problems ... the misreprestation on the ESTA (the fact that you are there now on the wrong visa is fraud). However (again) for you to have committed immigration fraud through misrepresentation you would have had to willingly and knowingly lied on your ESTA.

Hi Ellio,

Thanks for your comment. There are two angles to this though - for something to be a misrep also requires specific things. Not only to be willfully committed as you said, but also to be material - i.e. the "lie" gave some greater advantage to the applicant. In this situation, even "lying" about a single CIMT which would fall under the petty exception rule isn't material - because the VWP doesn't give any advantage over the visitors visa that would have been given.

If I'd ticked "yes" to the CIMT box on the esta, it would have meant a trip to the embassy, more waiting, but then I'd have gotten a 6 month visitors visa (the CIMT was petty shoplifting and would absolutely satisfy the exception rule criteria). Ticking "no" on the esta to have the VWP instead doesn't give any advantage, so isn't a material misrepresentation. If I lied about two CIMTs that that would be material, because two CIMTs wouldn't fall under the petty exception rule.

In comparison of cases, its important to be clear about the specifics and where they're different. I've heard people saying "so and so had to wait three years and appeal" etc etc, but those cases involve more than one arrest, more than one conviction.

I've yet to see a single case where a "misrep" for something that would fall under petty exception has led to a visa denial. If anyone has any cases studies of the former, I'd be grateful to see them. I have seen a few cases on boards though where people who ticked "no" on the esta, then confessed a single (petty exception) arrest even for a CIMT were approved.

[chrisclassic 14]

i have a caution of theft <<<<< traffic cone in 2005 i know go on laugh so im in the same situation i never filled for my esta my step father did at our local travel agents

im worried about the misrep though it was a genuine mistake havent travelled on it since and i wont either knowing after getting the acpo and subject access forms and iv been told i should be okay

exception rule

can anyone else chime in on this will help and what do you think my situation will turn out to be ????