Australians planning a trip to the United States are facing unexpected travel bans and visa rejections due to minor, long-forgotten offences on their records. A significant tightening of US border controls is catching out travellers under the Visa Waiver Program, with life-long consequences for seemingly trivial infractions.
The issue was highlighted by the case of Sydney man Aleksander Stojanovik, whose ESTA application was denied over a fine he received more than 20 years ago. This has sparked alarm among travel experts and frequent flyers, revealing a little-known crackdown by American authorities.
The Case That Exposed The Crackdown
Mr. Stojanovik, a 43-year-old operations manager, had his authorised ESTA—which permits travel under the Visa Waiver Program—revoked just days before a planned family holiday to Los Angeles. The reason? An old infringement for having an open container of alcohol in public, an offence he committed as a teenager for which he paid a small fine.
Despite the offence being two decades old and considered minor under Australian law, US Customs and Border Protection (CBP) flagged it as a crime involving "moral turpitude," making him ineligible for the visa-free travel scheme.
What Constitutes A 'Crime Of Moral Turpitude'?
The term 'crime involving moral turpitude' (CIMT) is a broad US legal classification that can encompass a wide range of offences beyond what Australians might consider serious. Travel lawyers warn that the US interpretation is far more stringent and can include:
- Minor theft or shoplifting, even if dealt with by a caution
- Common assault or affray
- Drink-driving offences (DUI)
- Possession of small amounts of cannabis
- Public order offences like disorderly conduct
The most alarming aspect for travellers is that these offences, no matter how old or minor, can permanently disqualify an individual from the ESTA program.
A Lifelong Ban From The Visa Waiver Program
Unlike many countries where minor offences become spent or irrelevant after a certain period, the US system has no statute of limitations for CIMTs. An offence committed at age 18 can still bar entry at age 70.
Individuals denied an ESTA must now apply for a full B1/B2 visitor visa—a costly, time-consuming, and intrusive process that involves a formal interview at the US consulate. There is no guarantee of approval, and a previous ESTA denial can count against the application.
Expert Warnings For Australian Travellers
Travel law experts are urging Australians to be acutely aware of their past record before planning any trip to the US. "The goalposts have moved dramatically," says one immigration lawyer. "What was once overlooked is now being rigorously enforced. Many people are completely unaware that a minor mistake from their youth could now result in a lifelong ban from visa-free travel to America."
The advice is clear: if you have any offence on your record, no matter how small or how long ago, do not assume you qualify for an ESTA. The risk of a last-minute denial is too high, potentially resulting in thousands of dollars in lost flights and accommodation.
