Do I need a visa to get into the USA if I have speeding convictions

windowhunk

Hi all, looking for some good advice. I've been stopped for speeding in Scotland and it was too fast to give me a fixed penalty at the roadside. I was not arrested. The officer told me that the Procurator Fiscal would write to me and most likely make me an offer of points and a fine, which I can accept and move on or I can plead not guilty and go before the court. I plan to accept the offer. I know I don't need a visa if it were a fixed penalty dished out at the roadside, I also know I would need a visa if I had been arrested or convicted in the court. What I'm getting is an offer in writing. Do I need to apply for a visa, assuming I accept the offer and the matter does not go to court??? Any advice greatly received...

dzug1

The US London Embassy says this:

Travelers with minor traffic offenses which did not result in an arrest and/or conviction for the offense may travel visa free, provided they are otherwise qualified. If you are not sure whether or not you are eligible to travel visa free, the only way to resolve this question is to apply for a visa.

TankEngine

No visa needed for a normal SP30. Just the Visa Waiver system.

Doshwaster

TankEngine wrote: »

No visa needed for a normal SP30. Just the Visa Waiver system.

Just as well really as otherwise the US Embassy would be inundated with visa applications. I got an SP30 a few years ago and travel to the US regularly. The thought that it might affect my rights to use a Visa Waiver had never occurred to me and I've never had any problems.

windowhunk

Thanks for the replies guys, very helpful.

To dzug1, I am aware of that statement but am wondering what exactly counts as a conviction, because technically I guess isn't any speeding fine a conviction? I am hoping when they use the word conviction it means the likes of criminal offences relating to driving eg drink driving or dangerous driving. Any thoughts?

TankEngine, will mine definitely be an sp30 or as I was going too fast for a fixed penalty will it be a different code that might not be acceptable to the Visa Waiver system?

Thanks guys, I'm stressing a bit about this, definitely learnt my lesson about speeding!!

Starrystarrynight

I know someone with an SP30 and it's never been a prob for her to travel to the US.
Have a great time!

scottishperson2

windowhunk wrote: »

To dzug1, I am aware of that statement but am wondering what exactly counts as a conviction, because technically I guess isn't any speeding fine a conviction? I am hoping when they use the word conviction it means the likes of criminal offences relating to driving eg drink driving or dangerous driving. Any thoughts?

A speeding offence is NOT a CiMT. Thats all you need to worry about. The EXACT wording on ESTA is

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

So, one at a time

Have you ever been arrested or convicted for an offense or crime involving moral turpitude

I assume no

Have you ever been arrested or convicted for ............a violation related to a controlled substance

I assume no

have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more

I assume no

have been a controlled substance trafficker

I assume no

are you seeking entry to engage in criminal or immoral activities?

I assume no

Dangerous driving isn't either, as for drink driving thats more likely a mental disorder, but that could be discussed forever.

windowhunk

That is a fantastic reply - thanks for taking the time to post it. The info online seems so vague but that clears things up nicely, cheers!

cubegame

windowhunk wrote: »

That is a fantastic reply - thanks for taking the time to post it. The info online seems so vague but that clears things up nicely, cheers!

It's also a misinformed reply.

It is a common mistake on MSE forums for people to post saying that obtaining travel authorization via the ESTA system is the test for Visa waiver eligibility. IT IS NOT.

Simply put:-

If you have been arrested (or more) for a crime of moral turpitude you will not obtain authorization and cannot travel to the USA to apply for a Visa waiver at the point of entry.

If you have been arrested for a crime which does not qualify as moral turpitude you can obtain authorization to travel to the USA but you will not satisfy the requirements of the Visa waiver program so you could be refused entry.


However, with a fixed penalty speeding offence and the lack of an arrest you will be eligible for both.

scottishperson2

cubegame wrote: »

It's also a misinformed reply.

Actually its not. It shows that if the answer is No you are eligable to "knock on the door". Thats as close as you will get. CBP have the authority to deny/allow entry, unless you have a visa in which case that authority is ultimately before an immigration judge if you so wish.

cubegame wrote: »

It is a common mistake on MSE forums for people to post saying that obtaining travel authorization via the ESTA system is the test for Visa waiver eligibility. IT IS NOT.

It is the system the US currently use to allow you to "knock on the door". It is a test to comb out people who can't, or don't beleive they can, use the VWP. See answer above. If you want technical, then read the CBP manual, you are more than welcome as its available online. CBP can refuse ANYONE but ESTA is the system they use and the system we use.

cubegame wrote: »

If you have been arrested for a crime which does not qualify as moral turpitude you can obtain authorization to travel to the USA but you will not satisfy the requirements of the Visa waiver program so you could be refused entry.

And sorry, that statement is just wrong. Care to point out where it states that getting arrested means you "will not satisfy the requirements of the Visa waiver program"

Gloomendoom

Good point. Getting arrested is not the same as getting convicted.