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My husband had a DUI conviction (no harm to property or persons) in 2006 and successfully applied for a B-2 tourist visa to visit the US in 2008. There have been no convictions since. The ESTA eligibility questions have now changed and he is able to answer 'no' to them all. Would he now be able to apply for an ESTA without the need to apply for another visa? (it was an extremely long and expensive process!)

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I assume that your husband disclosed his conviction in his earlier B-2 visa application. Because he was already issued a B visa and admitted to the US with this conviction, you can conclude that the conviction does not make him inadmissible to the US.

The statutory requirements for admission under the VWP do not go very far beyond those for a B visa, and nothing you've said suggests that he would fail to meet any of these additional requirements. Therefore, your husband should apply for ESTA authorization and, if it is granted, use it.

If ESTA authorization is not granted, he will need to apply for a visa, but if he doesn't apply for ESTA, he'll certainly have to apply for a visa, so he might as well try.

  • I think what OP is asking about is the little 'ever convicted of a crime' checkbox. I have a similar situation - I disclosed a misdemeanor at the age of 14 to Australia and was granted a work visa to that country. I got the visa, but I'm not sure if I could get an ETA to visit Oz in the future. Obviously I am 'admissible' but the ETA granting process is automatic and depends on the little check box. I don't want to apply and get a 'no', but I also don't want to lie. OP wants to know if the automatic process will override her partner's 'admissibleness' or if he has to apply for a new visa. – la femme cosmique May 2 '18 at 21:08
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    @lafemmecosmique the current version of the crime question appears to be qualified with the clause "...that resulted in serious damage to property, or serious harm to another person or government authority?” The (TSE) question further states that the husband can answer "no" (truthfully, I presume, because of the mention that the crime involved "no harm to property or persons"). So I don't think the question is about the checkbox itself or about whether or not to lie on the application. – phoog May 2 '18 at 21:15
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    @phoog, yes my husband did declare his DUI when applying for a visa. We went through the process of obtaining a Police Certificate etc. to take to his Embassy appointment. Because it was a DUI conviction he then had to make a further appointment with an Embassy approved doctor and his visa was subsequently granted. You are correct re the crime question "... that resulted in serious damage to property"... he can truthfully answer 'no' to this. Many thanks for your advice, I think we will go ahead and apply for ESTA authorisation – MBJ May 3 '18 at 9:25
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    @MBJ please do come back and let us know what happens. – phoog May 3 '18 at 13:45

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