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Lariza

What to do after ESTA denial?

By Lariza in Tourist Visas

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Lariza Rookie

Lariza   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

My father-in-law applied for an esta to visit America from Australia for my wedding in October, but he was denied due to having a criminal record. The offence was more than 10 years ago so he's wondering if it's still relevant and if not, can he re-apply and leave out the information? Personally, I know it is better to be truthful when applying so if an esta is out of the question now, what can he do? 

KULtoATL Experienced

KULtoATL   1,551

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted (edited)

Whatever he had declared in the ESTA application, it would be in the system. Therefore, if he was to complete a DS-160 to attempt for a B2, the CO would still have that piece of info concerning his criminal record and ESTA denial. 

 

He can apply for a B2 but I'm not sure about the approval rate for someone with a criminal background. But I guess, it probably depends on the type of crime involved.

 

From the website of the US embassy in Australia:

 

ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit one of the U.S. Consulates in Australia to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

Edited by KULtoATL

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Lariza Rookie

Lariza   0

Posted
Filed: K-1 Visa Country: Australia
 Timeline
  • Author
Posted
10 minutes ago, KULtoATL said:

Whatever he had declared in the ESTA application, it would be in the system. Therefore, if he was to complete a DS-160 to attempt for a B2, the CO would still have that piece of info concerning his criminal record and ESTA denial. 

 

He can apply for a B2 but I'm not sure about the approval rate for someone with a criminal background. But I guess, it probably depends on the type of crime involved.

 

From the website of the US embassy in Australia:

 

ESTA will assess your eligibility for travel to the United States under the Visa Waiver Program. The assessment includes questions regarding previous arrests and/or convictions. If you have been arrested for or charged with a crime, including offences involving the use of a controlled substance, you may require a U.S. visa and, in some cases, a waiver of ineligibility. If you choose to apply for electronic travel authorization via ESTA, the system will advise you whether you must visit one of the U.S. Consulates in Australia to apply for a visa. For further details on ESTA and to see if you are eligible for the VWP please refer to the ESTA website.

Thanks for that info, we're checking out the links now.

KULtoATL Experienced

KULtoATL   1,551

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

Good luck! I hope he gets a visa to attend the wedding :)

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted
3 hours ago, Lariza said:

My father-in-law applied for an esta to visit America from Australia for my wedding in October, but he was denied due to having a criminal record. The offence was more than 10 years ago so he's wondering if it's still relevant and if not, can he re-apply and leave out the information? Personally, I know it is better to be truthful when applying so if an esta is out of the question now, what can he do? 

Criminal history is ALWAYS relevant when it comes to national security. There is no cutoff to how far back an offense happened.

 

As mentioned, he can apply for a B2. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Boiler Grand Master

Boiler   46,086

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Depends what the crime is, if he needs a waiver he will not get it by October.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

EmilyW Rising Star

EmilyW   1,527

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted (edited)

ESTA is automated, so it may have been knocked back because he (correctly) admitted he had a record.  If the crime isn't one of moral turpitude, I can't see why he'd have an issue getting a B2.  Plus Australia, typically, is low fraud, so he doesn't have that hill to contend.

 

Have him fill out the B2 form correctly and accurately.  Take all information about his crime and record to the interview.

 

I hope he makes it!

Edited by EmilyW
Boiler Grand Master

Boiler   46,086

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not all crimes preclude use of the VWP, most do not.

 

I assume this is something serious.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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