Getting a USA visa (travelling to america with a drink driving conviction)

Convicted Driver Insurance
Rahul hasn’t posted on here in almost 2 years, but someone else may be able to help re the questions asked.
I can tell you that you were not allowed to take your phone into the old embassy, but there was a chemist shop 200 yeads away that had lockers that you rented by the hour. Maybe there is a similar arrangement at the new embassy?
 
Rahul hasn’t posted on here in almost 2 years, but someone else may be able to help re the questions asked.
I can tell you that you were not allowed to take your phone into the old embassy, but there was a chemist shop 200 yeads away that had lockers that you rented by the hour. Maybe there is a similar arrangement at the new embassy?

Hello there!

Thank you ever so much for letting me know, I did trawl through the 43 pages looking for some answers, and I must say your particular entries did help a lot and caused some comfort.

You mentioned a few times that if a DD conviction was in the last 5 years then that would result in a medical being requested by the embassy. Where can I find this written? Also, I am a bit worried because I overstayed my ESTA by 9 months in 2011, so I had the 3 year ban and 6 years has lapsed since my return from the US. So, I have two things against me, the overstay and the DD conviction in 2014. I am a bundle of nerves and I kept putting off going to the US, but my mother has never been and would like to see NYC, so I thought this year I shall pluck the courage and try the visa route.

Oh one more thing, due to the fact that I had overstayed and violated the ESTA terms, shall I still go ahead and do the ESTA and get the refusal and then apply for the visa? I mean at my interview will they ask why I did not do the ESTA application? My mum said why do the ESTA and waste that money for a refusal, she has a point, but I would like to do things properly now.

Any help would be really appreciated sir/madam.

Thank you!
 
It is Sir, or John if you prefer.....
You would not be eligible for the ESTA scheme, one of the criteria for that route is:
  • “Have complied with all conditions of any previous admission under the Visa Waiver Program.” And you haven’t! So it is the Visa route for you......
  • you can expect to be questioned about your reasons for the overstay, and reassure them why you would not do this again.
Here is the requirement for a medical if you have a DUI in the past 5 years, it is from this website:

https://fam.state.gov/FAM/09FAM/09FAM030202.html#M302_2_7_B_3




  • U) Referring Applicants to the Panel Physician: To ensure proper evaluation, you must refer applicants (immigrant and nonimmigrant) to the panel physician when they have:
    (1) (U) A single alcohol related arrest or conviction within the last five years;
    (2) (U) Two or more alcohol related arrests or convictions with the last ten years; or
    (3) (U) If there is any other evidence to suggest an alcohol problem.


 
It is Sir, or John if you prefer.....
You would not be eligible for the ESTA scheme, one of the criteria for that route is:
  • “Have complied with all conditions of any previous admission under the Visa Waiver Program.” And you haven’t! So it is the Visa route for you......
  • you can expect to be questioned about your reasons for the overstay, and reassure them why you would not do this again.
Here is the requirement for a medical if you have a DUI in the past 5 years, it is from this website:

https://fam.state.gov/FAM/09FAM/09FAM030202.html#M302_2_7_B_3




  • U) Referring Applicants to the Panel Physician: To ensure proper evaluation, you must refer applicants (immigrant and nonimmigrant) to the panel physician when they have:
    (1) (U) A single alcohol related arrest or conviction within the last five years;
    (2) (U) Two or more alcohol related arrests or convictions with the last ten years; or
    (3) (U) If there is any other evidence to suggest an alcohol problem.



Hello John,

Thank you for the prompt reply and sending me a link regarding the alcohol part of the medical.

With regard to ties to the country, I have my entire family here and I have my own business with loans and ISA bonds, so I am definitely not going to do a runner. That was never my intention in the first place. So, I think I confidently can answer that question to my best of ability.

I am really anxious because I do not have a good reason for my overstay. I simply stayed longer and I know this is going to sound crazy, but I forgot about the 3 month period and was just having a good time. I never worked, I supported myself from my savings and stayed in motel/hotels, so I did not cost the their economy. However, I know this is not acceptable and they will not see it in such a manner.

I do not know how to word it properly without sounding that I was a careless idiot who chose to ignore their rules (which I did!), what do you think ?

Once again, thank you, John. :)
 
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I think that you should say just what you have said o; here. You went to the USA on an open ended ticket Nd stayed because you just did not think about the significance of the ESTA travel limit. This time you will have a return ticket booked when you travel and it will be a time limited visit to New York with your mother.
As to the drink driving, say that (if true) there were no injuries and you have completed a Drink Drive Rehabilitation course (if you have) that has helped educate you about the risks of drink driving. - if you did a course with TTC2000 then we could get you a confirmation letter if you wanted one. You could also submit a reference from ayour employer and / or someone with some standing in the community that might help show that the drink drive was out of character for you.
 
I think that you should say just what you have said o; here. You went to the USA on an open ended ticket Nd stayed because you just did not think about the significance of the ESTA travel limit. This time you will have a return ticket booked when you travel and it will be a time limited visit to New York with your mother.
As to the drink driving, say that (if true) there were no injuries and you have completed a Drink Drive Rehabilitation course (if you have) that has helped educate you about the risks of drink driving. - if you did a course with TTC2000 then we could get you a confirmation letter if you wanted one. You could also submit a reference from ayour employer and / or someone with some standing in the community that might help show that the drink drive was out of character for you.

Hello John,

Yes, I did complete the DD rehab course and since then I longer consume alcohol, so I have completely changed my lifestyle and dietary habits.

I am self-employed, so letter of reference from my "boss" is not applicable, but can I use my GP, as we are on very good talking terms and he has known me for almost 5 years. Do you think that would benefit the application?

Also, with regards to the supporting documents/information, did you take any? If so, can you remember if you presented the entire "pack" at the start of your interview without being prompted by the interviewer or do you think it is only wise to give the document(s) when a certain topic gets discussed.

Thank you, John.
 
A letter from your GP would be a good idea.
if you have any references, I would hand them over at the start of the interview, to try and create a favourable impression from the outset.
they will ask you about the overstay, which we have already discussed here, and then want you to give details of the drink drive conviction - date, what happened, and what your punishment was. This is when you can reiterate what has altered in your life, including the DDRS course and how Drink caused you a problem, but you do not have a problem with drink! They will hopefully forgive drink causing a problem, but be concerned if you have a problem with drink...... a subtle but very important difference. If true, it might pay to stress that you will not be wanting to drive a car whilst in the USA.
 
A letter from your GP would be a good idea.
if you have any references, I would hand them over at the start of the interview, to try and create a favourable impression from the outset.
they will ask you about the overstay, which we have already discussed here, and then want you to give details of the drink drive conviction - date, what happened, and what your punishment was. This is when you can reiterate what has altered in your life, including the DDRS course and how Drink caused you a problem, but you do not have a problem with drink! They will hopefully forgive drink causing a problem, but be concerned if you have a problem with drink...... a subtle but very important difference. If true, it might pay to stress that you will not be wanting to drive a car whilst in the USA.

Hello John,

Thank you for the reply.

Yes, I have spoken to my GP and he has agreed to write me a letter of reference as well as a summary on my health (which is in good condition, touch wood!).

Errm, slightly changing the topic, I am in the process of completing the VCU-1 form and I am confused by section 6:

https://uk.usembassy.gov/wp-content/uploads/sites/16/2016/08/VCU01_London.pdf

I am guessing that the eligibility questions on the DS-160 is referring to the security and background questions, right? If so, sections 2-5 on the VCU-1 form already covers that area, so why have section 6 stating if you want to add more details. Please forgive me If I have misinterpreted this entirely, but some clarity from yourself would be greatly appreciated.

Thank you for your efforts, John.
 
I read it that if you have answered “yes” to any of the a
questions on the immigration form, and the explanation for this is not covered by the previous sections, then explain the circumstances in section 6. So maybe the problem was not criminal or an overstay, but due to an illness, then say about it in S6. It is a catchall so that you can’t say I didn’t disclose the reasons because it wasn’t asked in s2-5.... if that makes sense to you?
i know what I mean, but not sure if I have communicated it wall!
 
I read it that if you have answered “yes” to any of the a
questions on the immigration form, and the explanation for this is not covered by the previous sections, then explain the circumstances in section 6. So maybe the problem was not criminal or an overstay, but due to an illness, then say about it in S6. It is a catchall so that you can’t say I didn’t disclose the reasons because it wasn’t asked in s2-5.... if that makes sense to you?
i know what I mean, but not sure if I have communicated it wall!

Hello John,

I am resurfacing about being stuck in bed with a horrible flu and I have now just about managed to get online.

Thank you for your reply, and yes I was thinking the exact same thing as well, but needed a confirmation in case my mind was going senile.

My police certificate arrive yesterday, so I am now ready to hop online and compete the DS-160 form, but before I do I wanted to ask about the photograph part.

I came across this link:

https://travel.state.gov/content/tr...ources/photos/digital-image-requirements.html

Once again, thick me is slightly confused with this part, so a few questions:

1. What is the difference between digital image photograph and getting 4 from the photo booth and then cutting them out, scan and uploading ?

2. If I go with the photo booth option, I will need to select the visa photograph, which I believe sized 2inx2in, yes?

3. Once I have scanned one in, what do I need to do? This is the bit I get confused, it mentions about pixels and then 300 pixels per inch ? :( I just want to know what I need to do with regards to cropping etc.

Sorry for the bombarding of questions, but you have been a great help, thank you, John!

Dino.
 
On the face of it, There is no difference between taking a digital photo and going to a booth to get a set of 4 visa pictures done and scanning one.. you have to make sure you do the 4 set, not the 5 for passport. The USA website talks about uploading a passport type photo but that is misleading. The passport one is rectangular and smaller that the 2 inch square that is required for their application.

i have tried before to take a digital picture myself and use that. I am a pretty good photographer but ended up pulling my hair out trying to make the phone fit their box online. It isn’t just the size, there are specifications about the height between the eyes and the top of the picture, the mm between the eyes and the chin etc. The site kept saying that it was wrong and I had to alter it. In the end, I had a distorted grainy picture that I was ashamed of, and it was accepted!
I would suggest therefore that you go to a booth and spend £6 on a set of 4 VISA pictures, scan one - that is where the 300 dpi comes in, that is the setting you use on the scanner. The default is probably 600 dpi. Check the file size fits the maximum requirements and upload it.
if you do not have a scanner then perhaps you can visit a shop that takes pictures and ask then to supply it to you on a memory stick if you take one with you. Tell them that it is for a visa application and the size parameters of the file. This is likely to cost you double the price of the booth.
 
On the face of it, There is no difference between taking a digital photo and going to a booth to get a set of 4 visa pictures done and scanning one.. you have to make sure you do the 4 set, not the 5 for passport. The USA website talks about uploading a passport type photo but that is misleading. The passport one is rectangular and smaller that the 2 inch square that is required for their application.

i have tried before to take a digital picture myself and use that. I am a pretty good photographer but ended up pulling my hair out trying to make the phone fit their box online. It isn’t just the size, there are specifications about the height between the eyes and the top of the picture, the mm between the eyes and the chin etc. The site kept saying that it was wrong and I had to alter it. In the end, I had a distorted grainy picture that I was ashamed of, and it was accepted!
I would suggest therefore that you go to a booth and spend £6 on a set of 4 VISA pictures, scan one - that is where the 300 dpi comes in, that is the setting you use on the scanner. The default is probably 600 dpi. Check the file size fits the maximum requirements and upload it.
if you do not have a scanner then perhaps you can visit a shop that takes pictures and ask then to supply it to you on a memory stick if you take one with you. Tell them that it is for a visa application and the size parameters of the file. This is likely to cost you double the price of the booth.

Thanks, John, you made me chuckle re the distorted grainy picture! Mine aren't usually the best visualisation of myself, currently I look like Casper the Ghost!

So, just to clarify, I scan one of the 2inchx2inch (Visa photograph) using the 300dpi setting and then just upload onto the form? What about the bit where it mentions about being 600pixels by 600pixel bit? I thought once scanned, I would need to play around with the photo reflecting that 600x600 pixels. It is ever so confused......Do you not read the same as I am interpreting it?
 
You can use software like photoshop elements or the free ‘Gimp’ to size the picture to “600 pixels square if the scan didn’t go right. If you scan a 2 inch picture at 300 dpi, it should be 600 pixels. Pixels and dpi are the same really.
 
You can use software like photoshop elements or the free ‘Gimp’ to size the picture to “600 pixels square if the scan didn’t go right. If you scan a 2 inch picture at 300 dpi, it should be 600 pixels. Pixels and dpi are the same really.

Hi John,

Last night, I went to my scanner settings and noticed that the resolution was in PPI and not DPI (assuming both are the same thing)? Anyway, I changed the default settings from 200 to 300PPI and then scanned the image and uploaded it onto my computer. When I checked the photograph's properties, the dimension was 592x574 PX. I am very confused, should it not be 600x600 pixels when you scan a 2inch by 2inch photo at a resolution of 300 ?

I then did what you said about editing it in GIMP, so after changing both the X and Y to 600 pixels at a resolution of 300, the file size is too big for the US embassy's requirements. It is 328kb. I am really stuck and also feel like an idiot for not be able to do this task.

Please help me :(
 
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Good morning all,

Ive read through this whole thread, wow, what a roller coaster of a ride!

I was after some assistance as I have a question that I cant see that has been asked before.

I have a DR10 that dates back to 2008, other than that no other records. I am hoping to visit New York this September/October for my honeymoon. From a lot of comments here and from reading the U.S. Customs and Border Protection page it looks like I can just complete the ESTA.

What makes my situation slightly different is that I went through the whole Visa process with the Embassy in London, including health check etc in 2009 when I went to the U.S. for a holiday.

My question is, will the fact that I have been through the Visa process previously hinder me at the border checks at the airport? I have a new passport, so dont have any physical sign of a Visa in there.

Sub question:

On the Customs and Border Control page it states that: [FONT=&quot]A single DUI conviction[/FONT][FONT=&quot] [/FONT][FONT=&quot]is not[/FONT][FONT=&quot] [/FONT][FONT=&quot]grounds to deny entry into the U.S. However, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

[/FONT]
I cant find where is states unless there has been bodily injury or damage to property. Although the only damage from my conviction was to my own property, where would they be able to check this information?

many thanks guys



[h=1]Customs and Border Protection[/h][h=1]Customs and Border Protection[/h]
 
These are the questions that are asked on the ESTA application form:

[FONT=&quot] Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Yes No

[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]3) Have you ever violated any law related to possessing, using, or distributing illegal drugs?

[/FONT]



It appears that you can answer NO to those questions. (Damaging your own property does not count) therefore you can apply for entry to the USA under the visa waive scheme. The fact that previously you applied for, and were granted a visa, should not make any difference to your eligibility for the ESTA scheme.
 
These are the questions that are asked on the ESTA application form:

[FONT=&quot] Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Yes No



3) Have you ever violated any law related to possessing, using, or distributing illegal drugs?

[/FONT]



It appears that you can answer NO to those questions. (Damaging your own property does not count) therefore you can apply for entry to the USA under the visa waive scheme. The fact that previously you applied for, and were granted a visa, should not make any difference to your eligibility for the ESTA scheme.
These are the questions that are asked on the ESTA application form:

[FONT=&quot] Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
Yes No



3) Have you ever violated any law related to possessing, using, or distributing illegal drugs?

[/FONT]



It appears that you can answer NO to those questions. (Damaging your own property does not count) therefore you can apply for entry to the USA under the visa waive scheme. The fact that previously you applied for, and were granted a visa, should not make any difference to your eligibility for the ESTA scheme.
 
Hi
My husband is in the same position as Jelly
so was wondering if Jelly did do the esta & was ok.
my husband had one dd from 1995 involving non one else.
I read on the U.S. Embassy that if you had ever been arrested you had to apply for a visa which he did & got a 10 year one no problem. I did not know any better at the time!
His visa ran out in March in his old passport,
we have travelled to US last December where he had both his new passport & his old one with the Visa in it. So I think it will be flagged up because of that.
We are going again to U.S. this year & he wants to try the esta route.
has anyone done this where you have had a visa in the past & then got an esta & travelled without a problem?
He has all his info about his dd including a clean police acro etc but I don't think it's worth the risk of him being sent back when we got to border control
He hasn't applied for an esta yet & Just keeps putting if off saying it will be fine but if we want to go this year we need to get it sorted either way. He may just get denied an esta anyway
But he can answer no on the esta form
My worry is he would get sent home once we got to US.
It is a hassle getting the Visa & expensive but I do not see we have any choice.
He thinks it's worth trying the esta route
Has anyone had an expired visa then got an esta & had no problem?
I'm stressed about what to do as it was my stupid fault 10 years ago & of course I know better now but it is what it is.
Thanks for any advice or if anyone has experienced doing this.
Lil
 
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