Hello,
I am new here but have read extensively on this subject in the past, so I'm not a complete 'noob' to the issue. I feel there is a load of misinformation out there. However I have identified that alot of people here seem pretty on the ball with this.
However some things still concern and confuse me regarding the criminal arrests and VWP/ESTA.
My situation.
2005- Arrested low/special range drink driving. received Section 10 no conviction + 1 yr Good behaviour Bond.
20017-Arrested common Assault and refusal to leave licence premises. Section 10 +2 yr Bond (still present) and refusal to leave charge dismissed outright prior to court.
Now my simple understanding is that I CAN indeed travel guilt free under the VWP. The reason is twofold. Firstly, as most know, the pertinent question is Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? and the circumstance around this charge was me taking a swing at a bouncer during removal from a pub whilst drunk (yeah, not proud of this one) that was deflected. So, on face value, I have not done serious harm.
Secondly, I know that what this is really asking is whether I committed a CIMT. By my research, I have not. The CIMT factor in relation to assault only kicks in at Aggravated assault and higher. Good to go. I'd actually feel like I'd be lying by even thinking of clicking yes here.
Now, this is what confuses me.
To many times for my liking I see and read people, even in the know, who have interpreted this Esta Q. as 'declare any arrest' based on the front of the question being 'Have you ever been arrested or convicted of a crime' which would rule out anyone with a history, but my interpretation is the arrest has to be one of CIMT/Serious harm/Damage/Gov.
Secondly, it scares me that it is up to me to make that interpretation. For instance, what is 'serious'. In my mind my crimes arent, but if I asked my mum...very serious.
Thirdly, Common Assault is strangely not talked about here and elsewhere that often. You'll see plenty of drug and theft talk (absolutely CIMT btw) but strangely, the most common type of assault charge is rarely spoken about. So curious if anyone has a definitive answer.
Please, dont just say 'take the interview' without reading. Like the CIBP did when i emailed them (from a throwaway email).There are many reasons why I would prefer not to have the U.S government know my details. Namely, their shared relationship with Canada, who have a different set of rules.
I do appreciate anyone that has some input.
Am I ok?