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ESTA Refusal

Birmingham, United...
posts: 5
reviews: 1
ESTA Refusal

Hi there,

I was wondering if anyone can help me please?

I've applied for an ESTA to visit The States, however it's been declined. The only reason I can think of is that I misread one of the eligibility questions.

It states the following ' 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? '

To this I answered no, however, the only reason I can think of why it has came back as a refusal was that three years ago, I was arrested at a party as their was a raid on the house I was at for drugs. However, I was released and not charged for anything.

I read the question, thinking you had to declare it if I'd been charged, so answered it as a No.

Would this affect my application even just being arrested? If so, could I make another application online and advise that I was arrested and not charged?

Any help would be appreciated, as we have booked to go, but don't know what to do now.

18 replies to this topic
London
posts: 1,376
reviews: 73
1. Re: ESTA Refusal

Your best bet would be to apply for a visa at the US Embassy in London. You will have to go for an interview.

How much time do you have?

uk
posts: 1,724
reviews: 180
2. Re: ESTA Refusal

You need to arrange an appointment at the us embassy as soon as possible as it can take several weeks. You will probably need also to get a certificate showing you have no convictions or arrests in the uk (and this also takes more than a week) when you declare on your appointment request that you were arrested in the US. The esta decline means you are on their system so no point reapplying for an esta online ang changing answers as that won't be good. There is also no way to reapply online via "arrested not charged" route. You were arrested, it's on file, and the US approach is clearly arrested OR charged

Edited: 5:22 am, September 11, 2013
Travelling The World
posts: 11,646
reviews: 17
3. Re: ESTA Refusal

If you are tight for time try the consulate in Belfast. You can often get an appointment there quicker.

Liverpool, UK
posts: 10,099
reviews: 14
4. Re: ESTA Refusal

There is no point in reapplying for an ESTA, you'll need to apply for a visa and hope you get one. This illustrates the importance of getting the ESTA/Visa before booking, the following is from the Help section of the ESTA website.

"What should I do if I am not approved for a travel authorization?

If you receive a Travel Not Authorized response to your travel authorization application, but wish to continue with your travel plans, please visit the United States Department of State Web site at www.travel.state.gov for additional information about applying for a visa. The denial of a travel authorization only prohibits travel under the Visa Waiver Program and is not a determination of eligibility for a visa to travel to the United States. In the event you are not approved for a travel authorization, no court shall have jurisdiction to review an eligibility determination under ESTA."

5. Re: ESTA Refusal

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Removed on: 9:23 am, September 26, 2013
Edited: 9:23 am, September 26, 2013
 
6. Re: ESTA Refusal

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TripAdvisor staff removed this post because it did not meet TripAdvisor's forum guideline limiting each user to a single forums screen name.

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Removed on: 9:23 am, September 26, 2013
 
Elk Rapids, Michigan
Destination Expert
for Lanai
posts: 8,715
reviews: 33
7. Re: ESTA Refusal

"Have you ever been arrested"

" three years ago, I was arrested "

"However, I was released and not charged for anything"

Seems pretty clear to me. They did not ask if you were charged they asked if you had been arrested.

Geneva, Switzerland
Destination Expert
for Geneva, Liechtenstein, Air Travel
posts: 3,398
reviews: 290
8. Re: ESTA Refusal

Let me just add that lying to a federal officer in the USA is a crime. Don't even try!

9. Re: ESTA Refusal

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Removed on: 12:37 pm, September 10, 2014
 
London.UK
posts: 4,058
reviews: 1
10. Re: ESTA Refusal

The OP has a familiar ring to it. I'm almost certain this question was asked several months ago, with practically identical wording.

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