visiting USA with criminal record

[nufcfc 1]

Hello, I'm getting married in the USA in April. So obviously I will have family there. My sisters husband has a criminal record for assault and stealing a car (apparently when he was younger). But he has never been in jail. Will he be ok just going on an ESTA since the records are not drug related and since he has spent no time in jail? If not how does he go about getting the right visa? Thanks

[milimelo 4,544]

It's not just about if drugs were involved or not. It's a matter if the crime falls under the crimes of moral turpitude (CIMT). He needs to investigate what was the charge in UK and what would be the equivalent penalty in the US - may want to consult with an immigration lawyer in uk for this (Yes, even if he is only applying for a tourist visa/ESTA).

Good luck.

[Nich-Nick 3,354]

The question on ESTA says--

Have you ever been arrested or convicted for an offense or crime involving moral turpitude

or a violation related to a controlled substance;

or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more;

or have been a controlled substance trafficker;

or are you seeking entry to engage in criminal or immoral activities?

Crime Involving Moral Turpitude (CIMT) is further defined here http://www.state.gov/documents/organization/86942.pdf

If he can answer "no" to the question above, then he can use ESTA.