Esta with a criminal record... advice please?

[sophsters]

Hello, I have been to Orlando twice over the past few years with my children and am desperate to go back... hopefully next year after I've qualified from my nursing degree 😊
My new partner would love to go but we are unsure as to whether or not he'll be allowed into the US.
He has had a colourful past, but as of 2012 he has changed his life around and has not had any convictions or arrests.
His last arrest (and jail term which he did a few years for and got released in 2012) is relating to a serious assault and there have been previous drug charges and assaults.
Can anyone shed some light on if there would be any point in applying for a Visa as we wouldn't want to waste money and our time or anyone else's?

Thanks for any advice.

[Gav]

Just apply for an Esta and see if it gets accepted or declined. Might as well for $14. Then you’ll know if you need a visa etc

[Dr.JumbaJookiba]

Originally Posted by sophsters

His last arrest (and jail term which he did a few years for and got released in 2012) is relating to a serious assault and there have been previous drug charges and assaults.
Can anyone shed some light on if there would be any point in applying for a Visa as we wouldn't want to waste money and our time or anyone else's?

Thanks for any advice.

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Sounds like he might have to answer yes to ESTA questions 2 and/or 3.
This would lead him down the visa route as you seem to suspect already.

CBP take a dim view of drug convictions but you won't know for sure until he has the interview.

[headpin]

He will not get an ESTA so do not waste $14. Also with assault and drug convictions the last being only 7 years ago, a Visa is very doubtful too. But maybe worth a punt you have time to spare for visit to US Embassy and Interview.

[Andycm81]

Originally Posted by Gav

Just apply for an Esta and see if it gets accepted or declined. Might as well for $14. Then you’ll know if you need a visa etc

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If he answers honestly on the ESTA then it will definitely be rejected, so a completely useless waste of $14.

It will almost certainly need to be a visa application and with seemingly multiple offences, I wouldn’t expect a happy outcome, but I’d certainly want to try if I was in the OP’s partners shoes.

[sdrfish]

I would say he has no chance with his recent past history as it has been within the last 10 years. Drug convictions are almost an instant visa refusal when you combine that with his last custodial sentence I would not even say it worth trying.

Sorry if that’s not what you want to here.

[Orlandoguy]

I agree with sdrfish, the chances of him getting in via a visa are very slim, however no one knows for def unless you go for a visa appointment, do this straight away as it can take couple months at least to get an appointment.

[sophsters]

Thank you for your replies. I don't want to give up my tiny glimmer of hope to be able to visit with my other half, but we are realistic.

[landandword17]

“serious assault“

ESTA would be declined for that one.

If I was him I’d chance applying for a visa but with jail time and drug offences I’d be prepared for a no but he’ll never know unless he applies.

[DonnaD]

Definitely no chance of an ESTA unless he lied. 10 years is a cutoff I have read about. It might be worth waiting until then to avoid an automatic refusal now. There are online forums specifically about this. It might be worth a search for more details.