Travelling to America with a Criminal Record

greentoaster

Hi all,

I have a criminal record for a drink driving charge. This was for driving the day after and being 5mg over the legal limit.

I understand to travel to the States I now must apply for a Visa. I have all the relevant documents and I'm pretty sure with what I need to do but could anyone offer any advice on the time frame from the date of the interview to the Visa being issued. I'm also assuming I'll be issued a Visa without too many problems?

Any help appreciated,

GreenToaster

dzug1

Drink driving is not moral turpitude, so you can safely tick the NO box and apply for a visa waiver/ESTA. You won't be lying.

If you do still apply for a visa I wouldn't bank on getting it easily. It's possible that you will be required to provide evidence that you have kicked your drink problem. Denying you have one will be taken as evidence that you do have a problem. (This may be an urban myth as I haven't seen it asserted for a while but I'm reasonably confident of it)

If there are no problems the visa should be with you about a week after the interview.

b33r

dzug1 wrote: »

Drink driving is not moral turpitude, so you can safely tick the NO box and apply for a visa waiver/ESTA. You won't be lying.

The ESTA site appears to be down at the moment so can't check but I'm pretty sure it asks if you have even been arrested, never mind charged, so the the OP would be lying.

EDIT:

Can complete the check thing here: http://www.usembassy.org.uk/cons_new/visa/visa_wizard.html

One of the questions:

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. If you are unsure, press YES.

EDIT2: ESTA site is now working and that does indeed use the term moral turpitude, how confusing. If I was the OP I would risk it.

M4RKM

I disagree with b33r, that is not one of the questions on the I95-W (aka the visa waiver) or the ESTA site. The questions are

A) - Do you have a communicable disease; physical or mental disorder, or are you a drug abuser or addict

Have you ever been arrested or convicted for an offense or crime involving moral turpitude, or a violation related to a controlled substance, or been arrested or convicted for two or more offenses for which the aggregate senence to confinement was five years or more; or been a controlled substance trafficker, or are you seeking entry to engage in criminal or immoral activities

C) Have you ever been or are you now involved in espionage or sabotage; or in terrorist activities; or genocide; or between 1933 and 1945 were involved, in any way, in persecutions associated with Nazi Germany or its allies?

D) Are you seeking to work in the US; r have ever been excluded and deported; or been previously removed from the US; or procured or attempted to procure a visa or entry into the US by fraud or misrepresentation?

E) Have you ever detained, retained or withheld custody of a child from a US citizen granded custody of the child?

F) Have you ever been denied a US visa or entry into the US or had a US Visa Cancelled - if yes, when? where?

G) Have you ever asserted immunity from prosecution.

If you answer yes to any of the above contact the american embassy before you travel to the US.


--

so therefore dzug1 was right with saying that as drink driving is not a crime of moral turpitude, you can tick no to that box, and as long as you didn't get locked up for 5 years for it..

M

MKS

Sorry, I don't know how to do 'links' but I posted this on an earlier thread (about page 7 or 8 now) when someone wanted to know if US immigration had access to UK records.
Check with NACRO (www.nacro.org.uk) 0800 0181259. Their advice is that the US do not have access to UK records. HTH

greentoaster

Thanks for all your very helpful replies.

I've been approved on the ESTA website.. Does this replace the white and green card you'd normally fill out on a plane? If my memory is correct (very unlikely) the questions on the ESTA website were from the green card... Are there any more on the white card?

Thanks again,

GreenToaster

Wammer

You still have to complete the green visa waiver on the plane. It is still running in tandem with the ESTA at the moment.

The white/blue card is your customs declaration and this also still has to be completed.

M4RKM

dinkydog wrote: »

If you are asked if you have every been arrested, you would answer 'yes', you can then show what the arrest was for.

but the question asks "Have you ever been arrested or convicted for an offense or crime involving moral turpitude", which in this case is no...

then the same questions asks "or a violation related to a controlled substance" which again is no, as alcohol isn't controlled

then it goes on to ask "or been arrested or convicted for two or more offenses for which the aggregate senence to confinement was five years or more; " which again is no, as the offense probably gave a driving ban, rather than 5 years in prison

and the final 2 parts - "or been a controlled substance trafficker, or are you seeking entry to engage in criminal or immoral activities"

which ask if you're a drug dealer, or going to be a criminal in the USA, which i'd assume the answer is no to that as well for this OP in this instance.

anyway.. this is a reasonably old post.. so i'm sure the OP has sorted everything out, as they were authorised for ESTA

M

dzug1

MKS wrote: »

Sorry, I don't know how to do 'links' but I posted this on an earlier thread (about page 7 or 8 now) when someone wanted to know if US immigration had access to UK records.
Check with NACRO (www.nacro.org.uk) 0800 0181259. Their advice is that the US do not have access to UK records. HTH

As I understand it US Immigration do NOT have access to UK Police records - and vice versa. They can get them (in respect of an individual) by going through procedures, but they do not have direct access.

They DO have access to the UK Immigration service's records - and vice versa.

alanrowell

dinkydog wrote: »

Lying to CBP is the easiest way to make yourself inadmissable. (About as bad as mentioning to them that you smoked a joint last week)

Only if you get caught