No Live Trace & ESTA

[CCole09 8]

Hello - My husband is a British Citizen and we are applying for CR1. We are in the NVC stage and received his Police Certificate in the mail. It states “No Live Trace”. He had thought since it was spent it wouldn’t show as a conviction, this is how we’ve answered up until this point, as no convictions. I know to move forward we need to obtain the SAR. However, he is worried (and now has me worried) that since he has been selecting No to convictions on the ESTA that this is going to cause issues for his CR1 visa. Has anyone had a similar circumstance or have any advice? It was spent but had gone to court, so I believe unable to expunge. He was 15, damaged somebody’s car with a flower pot..

 

Thank You

[Boiler 45,486]

Probably not but nothing you can do now.

 

it would not matter if it was expunged they ask for your criminal history no qualifiers 

[CCole09 8]

2 hours ago, Boiler said:

Probably not but nothing you can do now.

 

it would not matter if it was expunged they ask for your criminal history no qualifiers 

Hi! When you say “probably not” are you referring to there probably won’t be an issue with the visa bc of the ESTA selection?

[Boiler 45,486]

The incident does not sound serious

 

They have changed the ESTA wording so also depends when the ESTA was applied for

 

From what I have seen London usually does not make a big fuss of his sort of misrepresentation assuming it is one 

[CCole09 8]

29 minutes ago, Boiler said:

The incident does not sound serious

 

They have changed the ESTA wording so also depends when the ESTA was applied for

 

From what I have seen London usually does not make a big fuss of his sort of misrepresentation assuming it is one 

Thank you for your response. Appreciate your time!

[Too frustrated 0]

Hello my experience was similar so after keeping my passport and getting a refusal at the embassy I had to apply for a waiver 

I eventually passed but I've found that you will be denied and apply for a waiver unfortunately 

There's a similar person I talked to thats going through something very similar and they were denied so they're going through the waiver process now 

Pm me if you have any questions 

[Boiler 45,486]

4 minutes ago, Too frustrated said:

Hello my experience was similar so after keeping my passport and getting a refusal at the embassy I had to apply for a waiver 

I eventually passed but I've found that you will be denied and apply for a waiver unfortunately 

There's a similar person I talked to thats going through something very similar and they were denied so they're going through the waiver process now 

Pm me if you have any questions 

You had a drugs issue.

[Family 3,988]

It is definitely worth scouring through VJ posts to find any others that have faced your particular issue…because as I see it, if the Officer makes the connection to ESTA, he has no choice but to find misrepresentation/fraud and the need for an I-601. 

It is not the offense itself that is an issue ( thus ur case is not similar to @Too frustrated,  as you are aware, but not disclosing it on ESTA . And if I understand correctly from the  Google definitions below, ANY conviction gets SPENT = NOT SHOW up on criminal record, if enough time passes. 

I hope you get many replies 
 

 

 

 

'No Live Trace' means that there is criminal record information held on the Police National Computer but it has been 'stepped down'. Anyone who sees this and understands this phrase can assume that you have a criminal record from the past, even if they can't see the details.
 

Spent convictions are those convictions that have reached a set period as defined by the Rehabilitation of Offenders Act 1974, and are removed from an individual's criminal record. Unspent convictions are those records that have not yet reached this defined time and will appear on a Basic Criminal Record Check.Feb 13, 2013
 

[Wuozopo 4,293]

1 hour ago, Family said:

It is definitely worth scouring through VJ posts to find any others that have faced your particular issue…because as I see it, if the Officer makes the connection to ESTA, he has no choice but to find misrepresentation/fraud and the need for an I-601. 

I go back a dozen years on this forum and there are many others who had the same issue with a caution, no live trace, and used ESTA. Their use of ESTA was not brought up. I can’t possibly remember their names, or the title of their threads with thousands of threads read in the UK forum.

 

Does anybody remember the guy who got cautioned for wearing an orange traffic cone on his head? 
Another was a guy from Cambridge who let the air out of his neighbor’s tyre when he was 8-12 years old. I know he got his citizenship in about 2012, shortly after me. 
 

If you had to apply for a waiver because of a drug issue, it’s because you used drugs, not because you used ESTA. 
 

@CCole09  I believe you asked me for references to others in another thread. Sorry I can’t remember specific user names, but I still think it will not be an issue.

Edited April 16, 2022 by Wuozopo

[Too frustrated 0]

22 hours ago, Boiler said:

You had a drugs issue.

Yes but I meant about the esta question 

My consular officer asked me all about my records and he was confused as he thought I had to declare that whilst applying for each esta 

The similar situation I meant was that the person who contacted me was given a waiver for smashing a window when he was 19 even though it was over 36 years ago 

 

[Family 3,988]

On 4/14/2022 at 12:56 PM, CCole09 said:

Hi! When you say “probably not” are you referring to there probably won’t be an issue with the visa bc of the ESTA selection?

OP, I am definitely deferring to @Boileran

and think that your husband has a good chance of all going well. Particularly as it seems that your husband WOULD HAVE been cleared for ESTA, even if he has disclosed the incident ! 

 

https://usaestaonline.com/applying-for-esta-with-criminal-record
There are some exceptions allowed. If you committed the crime before you were an adult, that is, before you turned 18, you could be allowed into the United States with ESTA regardless. If you received a sentence of 6 months or less, or the maximum sentence for your crime was a year, you might be considered eligible for an ESTA as well.

 

 

 

[CCole09 8]

On 4/15/2022 at 10:05 PM, Too frustrated said:

Hello my experience was similar so after keeping my passport and getting a refusal at the embassy I had to apply for a waiver 

I eventually passed but I've found that you will be denied and apply for a waiver unfortunately 

There's a similar person I talked to thats going through something very similar and they were denied so they're going through the waiver process now 

Pm me if you have any questions 

He was just denied. Looking into the waiver information now. I’m honestly in shock. How long did the waiver process take?

Edited September 22, 2022 by CCole09
More info

[Boiler 45,486]

Was it for misrep or the crime?

[CCole09 8]

11 minutes ago, Boiler said:

Was it for misrep or the crime?

It was “due to the nature of the crime”. Nothing regarding misrep or ESTA but being denied they did revoke his ESTA. 

[Boiler 45,486]

Sounds like he was charged with something fairly serious, are you familiar with waivers, not sure if you have done any research, maybe time for a Lawyer.