USA Visa Waiver / Esta Drink Driving Conviction

dzug1

melanzana wrote: »

AFAIK, the question asked on ESTA is about Crimes of moral turpitude. The Embassy has said a drink driving conviction is NOT moral turpitude, so they are covering their backs Id say.

Still it's an interesting issue.

Maybe someone will come along who has recently entered on ESTA with a DDC.

It's not moral turpitude - but that's not the only question that's asked. There's more about drug abuse and the like. One DDI in the past 3 (? - not checked the precise period) years or two in your lifetime is prima facie evidence of drug abuse. To get a visa you have to demonstrate you no longer have a problem


Ticking NO on the ESTA isn't going to set off any alarms though.

itsmeagains

dzug1 wrote: »

One DDI in the past 3 (? - not checked the precise period) years or two in your lifetime is prima facie evidence of drug abuse. To get a visa you have to demonstrate you no longer have a problem

CBP disagree with you.

A single DUI conviction is not 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.

just google "dui esta cbp" and you will find it.

And forget Canada for many a year. They may sometimes recognise the UK Rehabilitation of Offenders Act, but DUI in Canada is a VERY big no no.

John259 wrote: »

Here's the official US Embassy view on this subject:

And no one cares what the Embassy advises, as they do NOT run the system, CBP do. You are also quoting an article thats nearly 5 years old, even the embassy have changed stance on this issue since then (not that that really matters as CBP run the system, and advice should be sought from them NOT the embassy).

zippy1977

We travelled on the VWP in 2006 with no problems, because we didn't fully understand the wording on the green form we ticked no to all as it mentioned drugs, fraud etc......

itsmeagains

zippy1977 wrote: »

My husband has two drink driving convictions

itsmeagains wrote: »

multiple DUI convictions....can make a person inadmissible and require a waiver prior to entering the United States.

not a lot more needs to be said here.......

GingerBob_3

Quite why anyone would choose to visit America these days is beyond me. You're assumed to be criminal from the outset. A friend of mine (British citizen) with a Pakistani name was strip searched when he arrived. Needless to say he's vowed never to set foot in the place again.

John259

GingerBob wrote: »

Quite why anyone would choose to visit America these days is beyond me.

Have a read of this...
http://www.tripadvisor.co.uk/ShowTopic-g1-i12567-k7389501-Road_trip_USA_Trip_Report_8_week_adventure-Road_Trips.html

But yes, IMHO the whole US immigration system needs to be drastically revised ASAP.

SirSnogALot

itsmeagains wrote: »

CBP disagree with you.

A single DUI conviction is not 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.

just google "dui esta cbp" and you will find it.

And forget Canada for many a year. They may sometimes recognise the UK Rehabilitation of Offenders Act, but DUI in Canada is a VERY big no no.




And no one cares what the Embassy advises, as they do NOT run the system, CBP do. You are also quoting an article thats nearly 5 years old, even the embassy have changed stance on this issue since then (not that that really matters as CBP run the system, and advice should be sought from them NOT the embassy).

I've been absolutely trawling the web and this is the best response I've seen.

I can't post links as a Newb, but the google will find you the source of this, the Embassy is categoric in suggesting VISAs are necessary for DUI.

"The website of the US Embassy in London is clear: ‘We recommend that anyone who have ever been arrested and/or convicted of an offense apply for a visa.’ This advice has been rigorously confirmed in multiple webchats with consular officers at the US Embassy in London."

"Consistent with this general statement, it is the policy of the US Embassy, London that a person convicted of drink driving is not eligible to travel on the Visa Waiver Program. From an Embassy webchat on December 9, 2010:"

Q: I don't understand why I need to apply for a visa just because of one drink driving conviction. I don't want to work in America, I just want to visit. Can't I do this on the ESTA?

A: A drunk driving offense is considered very serious. You must apply for a visa. Depending on when the conviction occurred, we will need to determine that there is no harmful behavior associated with your alcohol use.

But the link to the CBP you provided is also categoric in complete contradiction to this.

Also found a document from US dept of state and foreign affairs (which again I can't post a link too) which also states DUI is not moral turpitude.

Having said this, should the immigration officer you're dealing with disagree, my understanding is that you risk being turned away best case and worse cased banned for life from entering the USA.

And this has happened to many people....

So there is quite a bit or risk in that case, particularly if you're flying over especially to enter the USA.

I unfortunately have a DUI conviction.

I'm going to be stopping over in a US airport in a couple of weeks, will be there for 12 hours and its day time, so would obviously like to get out of the airport and go for some food and a mooch around rather than sit in an airport lounge for a day, which will be dire. Especailly after already flying for 12 hours and two connections.

Would obviously not be worth going through the cost and hassle of a VISA application for a few hours in the country.

But equally would certainly not be worth risking being banned from entering the USA again by upsetting the immigration using ESTA with a DUI if they took objection.

I'd be very keen to get advise on whether i should disclose the situation to immigration at the airport...

I.e. explain I've filled out the ESTA and have DUI convic, show the above website pages printed that suggests it isn't moral turpitude and just ask if its possible for me to leave the airport or not?

That way I'm disclosing and asking their permission/advice rather than trying to bluff my way through under false pretences.

If they agree happy days, if they don't, hopefully they just don't let me leave the airport but don't do anything more punitive than that?

Any informed advise gladly received.

Ta.

itsmeagains2

SirSnogALot wrote: »

But the link to the CBP you provided is also categoric in complete contradiction to this.

CBP link is correct information.

SirSnogALot wrote: »

Also found a document from US dept of state and foreign affairs (which again I can't post a link too) which also states DUI is not moral turpitude.

DUI is not CiMT, it never has been.

SirSnogALot wrote: »

should the immigration officer you're dealing with disagree, my understanding is that you risk being turned away

they can turn anyone away, without cause.

SirSnogALot wrote: »

I'd be very keen to get advise on whether i should disclose the situation to immigration at the airport...

there is not a necesity to do so, and the esta application you will need to do if you intend flying to the US does not need you to disclose this information.

There is a difference between volunteering info, and lying. If CBP ask you if you have ever been arrested, the answer would be "yes". If CBP asks you if you have ever committed a CiMT or violation etc the answer would, presumably, be no.

SirSnogALot wrote: »

hopefully they just don't let me leave the airport but don't do anything more punitive than that?

you won't even be able to get on the plane with a CiMT, let alone get to the airport. The days of transiting in the US were over long ago.

Lucy_a

Thought I'd share my experience of traveling to America in February 2104.
I had a pervious conviction of drink driving in 2008, I had thought it was unnecessary to apply for an expensive visa but did not want to have issues at boarder control.

I spoke to custom & boarder control direct, they said that 1 drink drive conviction would not need a visa but they would need to check that this was the case.

I was told to apply for ESTA online & put that I did have a conviction, the ESTA would be automatically declined, they then asked me to email them a copy of my police report (details of how to get a police report are on the embassy website as you would need one for a visa via the embassy- it came in under 2 weeks & cost less than £50) once they had checked it was only 1 drink drive they changed my ESTA to accepted.

I was told as long as I got not further conviction if i had to apply for a ESTA in the future I can tick no to the answer on convictions.

I had no problems at the airport - although I had printed out all correspondence with boarder control just incase it was queried.

peachyprice

SirSnogALot wrote: »

I've been absolutely trawling the web and this is the best response I've seen.

I can't post links as a Newb, but the google will find you the source of this, the Embassy is categoric in suggesting VISAs are necessary for DUI.

"The website of the US Embassy in London is clear: ‘We recommend that anyone who have ever been arrested and/or convicted of an offense apply for a visa.’ This advice has been rigorously confirmed in multiple webchats with consular officers at the US Embassy in London."

"Consistent with this general statement, it is the policy of the US Embassy, London that a person convicted of drink driving is not eligible to travel on the Visa Waiver Program. From an Embassy webchat on December 9, 2010:"

Q: I don't understand why I need to apply for a visa just because of one drink driving conviction. I don't want to work in America, I just want to visit. Can't I do this on the ESTA?

A: A drunk driving offense is considered very serious. You must apply for a visa. Depending on when the conviction occurred, we will need to determine that there is no harmful behavior associated with your alcohol use.

But the link to the CBP you provided is also categoric in complete contradiction to this.

Also found a document from US dept of state and foreign affairs (which again I can't post a link too) which also states DUI is not moral turpitude.

Having said this, should the immigration officer you're dealing with disagree, my understanding is that you risk being turned away best case and worse cased banned for life from entering the USA.

And this has happened to many people....

So there is quite a bit or risk in that case, particularly if you're flying over especially to enter the USA.

I unfortunately have a DUI conviction.

I'm going to be stopping over in a US airport in a couple of weeks, will be there for 12 hours and its day time, so would obviously like to get out of the airport and go for some food and a mooch around rather than sit in an airport lounge for a day, which will be dire. Especailly after already flying for 12 hours and two connections.

Would obviously not be worth going through the cost and hassle of a VISA application for a few hours in the country.

But equally would certainly not be worth risking being banned from entering the USA again by upsetting the immigration using ESTA with a DUI if they took objection.

I'd be very keen to get advise on whether i should disclose the situation to immigration at the airport...

I.e. explain I've filled out the ESTA and have DUI convic, show the above website pages printed that suggests it isn't moral turpitude and just ask if its possible for me to leave the airport or not?

That way I'm disclosing and asking their permission/advice rather than trying to bluff my way through under false pretences.

If they agree happy days, if they don't, hopefully they just don't let me leave the airport but don't do anything more punitive than that?

Any informed advise gladly received.

Ta.

You do know that unless you walk up to the immigration officer and say 'I have a DDC, can I come in' they have now way of knowing about your conviction, don't you.

They have no direct access to our databases and would only check if you were acting suspiciously in the first place or were on a watch list.