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

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

    Sorry, you picked up the wrong point and my answer should have been clearer. The question on esta states

    "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? "

    The difference between arrest / conviction would come into play in a visa interview, but is irrelevant to the esta question where an arrest for, say, shoplifting, but no conviction, would still mean a YES to the above question.
  • cubegame
    cubegame Posts: 2,042 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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"

    Will this document from the US State department suffice?

    http://travel.state.gov/pdf/VWP-QuickReferenceGuide.pdf
  • scottishperson2
    scottishperson2 Posts: 313 Forumite
    edited 22 June 2011 at 10:48AM
    cubegame wrote: »
    Will this document from the US State department suffice?

    http://travel.state.gov/pdf/VWP-QuickReferenceGuide.pdf

    Now show me where it says it.

    You seem not to understand the question on ESTA.

    "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? "

    "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? "

    IT DOES NOT SAY "HAVE YOU EVER BEEN ARRESTED." That would be a totally different question.
  • cubegame
    cubegame Posts: 2,042 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I'm not sure why you're confused?

    Perhaps this link will be more understandable?

    http://london.usembassy.gov/add_req.html
  • cubegame wrote: »
    I'm not sure why you're confused?

    Perhaps this link will be more understandable?

    http://london.usembassy.gov/add_req.html

    I know you are not trying to be thick, but please understand you are wrong. Please read the question on ESTA, that is the question you are being asked. The advice, as has been consistantly pointed out even by the embassy, is just that, advice, its not the law. Read the FAM manual if you want, its available here

    http://www.state.gov/m/a/dir/regs/fam/

    or even the law.

    We'll try once more with this, here is the question on ESTA

    "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? "

    Now point out in that, or even in any US Law, where it states an arrest means you cannot use the VWP.
  • http://www.state.gov/documents/organization/86941.pdf

    If you want to see what CBP work from, which is what the ESTA questions are based on.
  • cubegame
    cubegame Posts: 2,042 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Maybe you should contact the embassy and offer advice on their website if you're right?
  • 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

    Read the above and understand your statement is incorrect.
  • scottishperson2
    scottishperson2 Posts: 313 Forumite
    edited 22 June 2011 at 11:13AM
    cubegame wrote: »
    Maybe you should contact the embassy and offer advice on their website if you're right?

    Maybe you should stop posting infactual information on websites that will end up costing people a lot of worry and a lot on money. I also know I am right.

    "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? "

    Now point out in that question where you would have to declare a single non-CIMT arrest, or even multiple arrests where confinement was less than 5 years.
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    edited 22 June 2011 at 11:19AM
    cubegame wrote: »
    Maybe you should contact the embassy and offer advice on their website if you're right?
    Oh well then it looks like my conviction for watching TV without a licence will stop me from entering the US. And that silly arrest for the investigation of an assault (for which I had nothing to do with). And the DR40. In charge of a motor vehicle with excess alcohol. Since when is it illegal to have keys to the car in your possesion when leaving a pub. hmmmm since then...

    None of those is considered moral turpitude so I was just going to use ESTA under the VWP. Are you 100% sure I can't use ESTA.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
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