Would a bad credit score affect your eligibility for US ESTA?

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I've been in the US for about a year now on an M1 visa, studying to be a pilot and my course is not yet completed. However, I have to travel back home to the UK at te end of the month.

I have a problem with my apartment: the lease ends at the end of the month. I am being told that I am required to give a 60-day notice that I'm moving out, and that I'm liable for those two-months rent (over $1,000 USD).

If I fail to pay, will it affect me later on if I apply for an ESTA for a visit?



Best Answer

What would happen if I fail to pay?

Chances are that they will process you for court, obtain a judgment against you, and try to collect by means such as garnishment of wages if you do have employment in the USA. Of course it will hit your credit at some point (if you have a social security number) and your credit score will take a deep dive and graveyard spiral into the dumpster.

Would it affect me later on if I apply for a ESTA visa for a visit?

NO. Grounds of Inadmissibility per INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY Sec. 212. [8 U.S.C. 1182] is what is used to determine your eligibility or otherwise for a visa/ESTA (immigration benefit).

In this case we will be looking under inadmissibility due to criminal reasons. Mainly here we would be looking if you committed fraud which would in many cases be a Crime Involving Moral Turpitude (CIMT) that make you inadmissible if it doesn't qualify for the Petty Offense Exception under 212(a)(2)(A). To stretch this civil case into the realms of fraud is highly unlikely by any prosecutor considering the amount involved < $10k.




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Does credit history affect visa application?

The only factor that can affect your immigration status is a history of criminal offences on your record. This means that a debt alone does not have the ability to negatively impact your current immigration status, or a future immigration application.

Does Uscis run credit check?

USCIS will consider an applicant's credit report, credit score, debts and other liabilities as a factor in determining whether the individual is likely to become a public charge. A good credit report is considered a positive factor while a bad credit report is considered a negative factor.

What does ESTA check?

The data you provide in your application is reviewed and verified against a series of databases in order to verify your identity and check that your passport has not been reported stolen or lost. This helps contribute to the security of the United States' external borders, and to combat fraud and terrorism.

Who qualifies for an ESTA?

Who is eligible to submit an application? You are eligible to apply for admission under the Visa Waiver Program (VWP) if you: Intend to enter the United States for 90 days or less for business, pleasure or transit. Have a valid passport lawfully issued to you by a Visa Waiver Program country.




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