ESTA application with dismissed case

[Brenoselect]

Hey all

Just trying to work out what the correct way is to applying for my ESTA . I have been arrested for an incident and my case was dismissed and no conviction or criminal recording .

Confused what the right answer to put in ESTA application with the regards to these questions as technically I don’t have any convictions or recordings .

 

[bam71]

So what is the actual question?

 

[Brenoselect]

So what is the actual question?

Is a dismissed case with no conviction considered a criminal history ? As I was arrested for the matter .
Is it safer to just apply for a visa instead of an ESTA ?

 

[bam71]

If you need to apply for a visa, you need to make a booking at the US consulate, travel there yourself, and have an interview. So, what is the actual question that is being asked of you with regard to getting an ESTA? This will determine what’s you need to do.

 

[Brenoselect]

If you need to apply for a visa, you need to make a booking at the US consulate, travel there yourself, and have an interview. So, what is the actual question that is being asked of you with regard to getting an ESTA? This will determine what’s you need to do.

Again I have been arrested for a criminal matter in australia , where the case was dismissed and I was not charged .
On an ESTA it asks you to say yes or no to being arrested which I have been and yes or no to a conviction which I haven’t been . So would be no .
So is ESTA the right application as I’m traveling in august this year and technically I don’t have a criminal history as my case was dismissed.
And I know if you answer yea to any of those questions the application gets denied

 

[levelnine]

I'm not sure the answer. It might be worth paying to ask an immigration lawyer because if you do answer yes, my guess is you'll never be able to travel to the US without a visa ever again. And if you answer no and are found to have lied, you may not ever be allowed into the US again. So the answer has very serious long-term consequences for you. Not something I'd rely on a forum for.

 

[bam71]

You’ve answered your own question If the ESTA asks have you been arrested, the answer is YES. If the next question is, were you convicted, the Answer is NO. Continue on and see if you get an ESTA. If you do not, then you’ll need to apply for a visa. I would go down the ESTA stage first, then next is the visa stage….. I really hope all is ok and you get to go….

 

[33kft]

On an ESTA it asks you to say yes or no to being arrested which I have been and yes or no to a conviction which I haven’t been . So would be no .

I believe the question is:

1. 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?

Not knowing your scenario, I'm not sure if it applies, but I think you should note the additional context when answering the question (and there's scope for interpretation there so the above suggestion of professional assistance is a good one)

 

[Cruiser Elite]

Breno don’t waste your time - go get professional advice - you will not be the first seeking correct answers or the last - but you need get that advice from someone who actually does know the correct answers - it will cost you a few bob but will be money well spent

 

[Quickstatus]

Continue on and see if you get an ESTA.

No.
A denied ESTA may cause bigger issues.
@Brenoselect , to me the question is clear:
Have you been arrested or convicted - the answer is yes

It did not ask you have you been arrested AND convicted - in which case the answer is no.

This means you need to apply for a Visa at a consulate.

It's not that hard getting a real visa. And the benefit of a tourist visa (I'm assuming you are getting this) is that it is valid for several years - might be 10? (but each entry only for 3 months at a time).

 

[JohnK]

No.
A denied ESTA may cause bigger issues.
@Brenoselect , to me the question is clear:
Have you been arrested or convicted - the answer is yes

It did not ask you have you been arrested AND convicted - in which case the answer is no.

This means you need to apply for a Visa at a consulate.

That may depend on the nature of the arrest.

First time I went to USA after drink driving arrest and 6 month licence disqualification I mentioned that on the visa waiver and had an interview. I was told not to mention it next time.

I have applied for online ESTA since and I did not bring up arrest. ESTA approved without issue.

 

[serfty]

First time I went to USA after drink driving arrest and 6 month licence disqualification I mentioned that on the visa waiver and had an interview. I was told not to mention it next time.

That was pre ESTA times. Now you need to answer such questions before entering the USA. i.e. At a USA consulate. The result may be the same, but now is more time consuming (and more costly).

 

[JohnK]

That was pre ESTA times. Now you need to answer such questions before entering the USA. i.e. At a USA consulate. The result may be the same, but now is more time consuming (and more costly).

Are you sure?

Have you ever been arrested or convicted for a crime that involved in serious damage to property, or serious harm to another person or government authority?

Is that the question? DUI is not a crime of moral turpitude. For my interpretation it's (arrested or convicted) then followed by serious part.

 

[serfty]

Are you sure?

Absolutely - it is basically the same question that was asked on the paper i94w that used to filled out in flight and now on the ESTA application.

 

[JohnK]

Absolutely - it is basically the same question that was asked on the paper i94w that used to filled out in flight and now on the ESTA application.

Read the question. Why mention serious crime? Anyway I have done online ESTA in the past and I will do it again that way if I ever need to go to USA.

 

[stanchez47]

Hey all

Just trying to work out what the correct way is to applying for my ESTA . I have been arrested for an incident and my case was dismissed and no conviction or criminal recording .

Confused what the right answer to put in ESTA application with the regards to these questions as technically I don’t have any convictions or recordings .

From my experience (unfortunately I have to get a Visa to travel to the US) if you do not have a recorded conviction, you are fine to do an ESTA. If you are declined for an ESTA you will be able to apply for a Visa but be prepared for a long wait, both times has been a 6 month wait for an interview.