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USA ESTA with pending DPP file

  • 25-04-2017 11:07am
    #1
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭


    If planning a family trip to USA and one of the people travelling has a file sent to the DPP can he get an ESTA or does he have to apply for a Visa? It relates to an assault where he was arrested months later and no charges pressed and he was told a file would be sent to the DPP.

    A quick google says that he might never hear from the DPP about the incident, or that it will be a long time before he does. Although he gave evidence to prove self defence and the other party was the aggressor, it is still a serious matter, but he is left in the dark and doesn't know if he can travel. I am hoping to book everything together and this is a spanner in the works. Not seeking legal advice, but for info on where things stand when someone is in such a situation and wanting to travel and get on with things.


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    I think the ESTA application asks if you have been "convicted". So, until the DPP brings a prosecution and secures conviction, then the answer to that question would be No.

    Should be alright for an ESTA to the US, in my view.


  • #3
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #4
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Fred Swanson wrote: »
    This post has been deleted.

    I've no idea how they would know. It's been a while since I have completed an ESTA for anyone, but I thought it asked about pending charges.


  • #5
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    It asks have you ever been arrested so if the person is being honest, they have to go through the interview process.


  • #6
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    hullaballoo wrote: »
    It asks have you ever been arrested so if the person is being honest, they have to go through the interview process.

    Yes, that was it. I myself was arrested (I think) when I was 15 for theft. I don't think I noted it when I filled out my own ESTA a few years ago and it never came up. I wonder now if I should mention it this time.....but it was nearly 20 years ago!

    It's a bit intrusive really. Only charges and/or convictions should be asked about. Of course, that's my opinion.


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  • #7
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,773 Admin ✭✭✭✭✭hullaballoo


    The question has to be asked would they ever be able to show different if you say you weren't ever arrested?

    Iirc, the form excludes arrests/convictions as a minor for most offences.


  • #8
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Hasn't the question been changed so arrest/conviction for an assault causing serious harm is now specified? Previously advice had to be sought as to the meaning of "moral turpitude" which often returned the answer that simple assault was not included.


  • #9
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭goz83


    Marcusm wrote: »
    Hasn't the question been changed so arrest/conviction for an assault causing serious harm is now specified? Previously advice had to be sought as to the meaning of "moral turpitude" which often returned the answer that simple assault was not included.

    Yes, it's phrased like that. I completed my own esta earlier and seen that question.


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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