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

  1. #11
    Stupid is offline Member
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    Default Re: Getting a USA visa

    They only gave me a one year visa as well. It really makes me wonder if A, they are on a money making scheme or B, someone is taking a back hander. Another friend of mine has just come back from the US with the same conviction and ticked the `no` box and got in no problem. I go to the states almost every year, does anyone know if I will have to go through the same visa application process next time?


  2. #12
    Stupid is offline Member
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    Default Re: Getting a USA visa

    I got back on the road in Feb but have only just noticed that the dvla have only issued my licence for two years. As I was only just over the limit can anyone explain why?

  3. #13
    new_pedestrian is offline Established Member
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    Default Re: Getting a USA visa

    I've always wanted to go to the USA, and I'm keen to find out exactly what the deal is with this. There seems to be a lot of contradictory information, even on the US government's own website, about what to do.

    There's information on the US government website which says that drink driving is not considered a crime involving moral turpitude, and the question on the ESTA form asks specifically about moral turpitude. So I can truthfully answer "no" to that question, but the website also says elsewhere that I should apply for a visa anyway.

    I want to do the right thing and be on the right side of the law, but it isn't clear what the right thing is!

    Obviously I don't want to find myself being deported from the USA one day, but it would be nice to know exactly what the position is, since I also don't want to have to go up and down to London to sort out a visa if it isn't necesary.

  4. #14
    miss marple is offline Member
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    Default Re: Getting a USA visa

    Quote Originally Posted by Stupid View Post
    They only gave me a one year visa as well. It really makes me wonder if A, they are on a money making scheme or B, someone is taking a back hander. Another friend of mine has just come back from the US with the same conviction and ticked the `no` box and got in no problem. I go to the states almost every year, does anyone know if I will have to go through the same visa application process next time?
    I think it's definitely a money-making scheme for someone! Yes, you will have to go through the whole sorry process again when your visa runs out. Up to three years from conviction you definitely have to have the medical as part of the process; after that you may be able to skip the medical and all the extra hassle and expense that involves, though it's entirely up to them whether or not they will let you do this. I've heard that the visa is valid for a longer period as time goes on, so for example if it's two years since your conviction you may get a two year visa instead of one year. It would be interesting to know if this is right.

    I have also heard of people ticking "no" and getting in to the US with no problem but I would be a nervous wreck worrying about whether or not I was going to get sent back home on arrival. Of course, once you've started the visa application process that's no longer an option because they've got your passport number and it would be sure to flag up a potential problem with immigration.

  5. #15
    miss marple is offline Member
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    Default Re: Getting a USA visa

    Quote Originally Posted by new_pedestrian View Post
    I've always wanted to go to the USA, and I'm keen to find out exactly what the deal is with this. There seems to be a lot of contradictory information, even on the US government's own website, about what to do.

    There's information on the US government website which says that drink driving is not considered a crime involving moral turpitude, and the question on the ESTA form asks specifically about moral turpitude. So I can truthfully answer "no" to that question, but the website also says elsewhere that I should apply for a visa anyway.

    I want to do the right thing and be on the right side of the law, but it isn't clear what the right thing is!

    Obviously I don't want to find myself being deported from the USA one day, but it would be nice to know exactly what the position is, since I also don't want to have to go up and down to London to sort out a visa if it isn't necesary.
    If you go through the Visa Waiver Wizard on the US Embassy website (http://www.usembassy.org.uk/cons_new...sa_wizard.html) you will come to this question:

    Arrest or Conviction? Have you ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction, or do you have a criminal record? Please note: the Rehabilitation of Offenders Act does not apply to U.S. visa law.

    The clarification of this question (my emphasis) states:
    Travelers with minor traffic offenses that did not result in their arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified...Is the full extent of your history of legal violations limited solely to minor traffic offenses that did not result in your arrest and/or conviction?

    If you have a DD conviction you cannot honestly say "yes" to this question. As soon as you press the "no" option you are told "not eligible for travel on the Visa Waiver program".

    Of course, you always have the option to go through the Visa Waiver programme anyway and hope you won't be found out. Plenty of people seem to get away with this, by all accounts, and it will save you endless time, money and hassle. However, if you are caught you could be in serious trouble and end up being deported as soon as you arrive. It could also make it very hard to ever get back in to the States in future. I have no idea of the likelihood of you being found out, but the worry of it would just not be worth it as far as I'm concerned. You may be made of sterner stuff!

  6. #16
    garak112 is offline Member
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    Default Re: Getting a USA visa

    What I don't understand is the following:

    The question on the Visa Waiver Form (and the actual US law) makes you inadmissable if you have committed a crime of 'Moral Turpitude'.

    The foriegn affairs manual (provided here: http://www.state.gov/documents/organization/86942.pdf) states that Drink Driving is not a crime of moral turpitude.

    Why then are the embassies telling people that they need to apply for a visa?

  7. #17
    garak112 is offline Member
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    Default Re: Getting a USA visa

    My Question:

    Given that the Foriegn Affairs Manual (here:http://www.state.gov/documents/organization/86942.pdf) states that drunk driving is not a crime of moral turpitude, and the ESTA from only asks about crimes of moral turpitude, does that mean that travellers who have had a single conviction for a drunk driving offence are still eligable to travel under the Visa Waiver Programme? There is a lot of conflicting information available on this subject.

    US Customs Answer:
    Thank you for contacting Customs and Border Protection's Customer Info Center. In reference to your question, CBP's information on visitors with drunk driving offenses are rather consistent. As stated on our web site at https://help.cbp.gov/app/answers/detail/a_id/736, "The U.S. does not deny entry to persons with a "Driving Under the Influence" (DUI) conviction. " It further states that multiple convictions for this and/or other misdemeanors could deem a traveler inadmissible into the US. Since, as you pointed out, a drunk driving offense is not a crime of moral turpitude, it should not be included in your ESTA application.

  8. #18
    hoppypoppy2010 is offline New Member
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    Default Re: Getting a USA visa

    If I have already given my details to the us embassy in London for a drink driving conviction back in 2006 (banned for 18months) but not continued with the application, do you think they would stop me at the UK airport from boarding the plane? Even though Washington DC have emailed me back with reassurance that my conviction is not an offence of 'moral turpitude' and would not deny me entry to the us?
    Many thanks =o)

  9. #19
    miss marple is offline Member
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    Default Re: Getting a USA visa

    We have just returned from our visit to the US (with visa!). As soon as the immigration official saw my son's visa he asked "Drink driving?" - he was obviously familiar with this as being a common reason to have a visa. The US Embassy are absolutely clear on anyone who has ever being arrested needing a visa, so the US Customs answer quoted above seems very contradictory.

    HoppyPoppy, I wouldn't like to risk travelling if you have already given the embassy your passport details - perhaps you could get a more definitive answer from them? You say "Washington DC have emailed me back with reassurance that my conviction is not an offence of 'moral turpitude' and would not deny me entry to the us": not denying you entry is not the same as saying that you would not need a visa. I don't think anyone will stop you boarding the plane in the UK, it is once you arrive in the US that you might have problems. If you could get a categorical assurance in writing that you are eligible to enter the US under the visa waiver scheme I think you could travel more happily, as then you could wave it under the nose of the immigration official if it becomes necessary!

  10. #20
    hoppypoppy is offline New Member
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    Default Re: Getting a USA visa

    Convicted Driver Insurance Quotes
    Hello miss marple. I hope you don't mind but I sent you a message =o)

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