holiday usa

[accord]

was thinking of going on holiday to usa, i no u fill in the visa on plane, but had a drink driving ban over ten years ago would that affect me going to usa. thanks col.

[Buenchico]

'Official' answer:
The form which people fill in on the plane is actually a 'visa waiver' form which allows certain people to enter the USA without obtaining a visa. However, anyone who has ever been arrested or convicted of any offence is not eligible for the visa waiver scheme and must obtain a visa. (Minor motoring matters are exempted from the rules but this doesn't include drink-driving).

The visa application process is extremely lengthy. It takes at least 5 months and, for much of this time, the applicant is effectively barred from leaving the UK. (This is because their passport will be held at the US embassy).

Details of the application process are in my post, here:
http://www.theanswerbank.co.uk/Travel/Question 289769.html

'Unofficial' answer:
The US authorities have no direct access to UK criminal records. While the UK authorities do pass some information on, this won't include drink-driving convictions. As long as you don't declare your conviction on the form, you should have no problem entering the USA. (If you do declare it, you risk being refused entry).

Chris

[JonnoGenie]

>>(Minor motoring matters are exempted from the rules but this doesn't include drink-driving).

This is untrue.

[Buenchico]

I'm not sure whether JonnoGenie is trying to suggest that things like speeding tickets force people to apply for visas or whether he/she is trying to say that someone with a D-D conviction is still exempt from the requirement to obtain a visa. Either way, he/she is wrong:

Quote:
"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." (So, driving offences which are dealt with by fixed penalty notices do not prevent someone from entering the USA under the Visa Waiver Program. Driving offences, such as drink-driving, which result in arrest and'/or conviction before a court, do).

Source:
http://www.usembassy.org.uk/cons_new/visa/niv/ arrests_and_convictions.html

Chris

[dzug]

OTH the question asked on the visa waiver form is about crimes involving 'moral turpitude'.

Drink Driving is not such a crime (though many would argue it ought to be).

So although a conviction may officially ban OP from entry, he wouldn't actually be lying if he said 'no' on the form.

[JonnoGenie]

DD is not Moral Turpitude, see
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf
40.21(a) N2.3-2 Crimes Committed Against Governmental Authority, B (6)

So you can fill in the Visa Waiver form pefectly honestly and confidently.

p.s. I applied for a visa last October, and it took a month from the interview to getting it issued, and my application needed 'additional processing'. I thought they'd hold my passport during this time, but instead they stamped it 'Application received on xyz' and returned it to me.

pps I have been charged with DD/DUI in the US (long long ago), and have repeatedly entered the US on the Visa Waiver Scheme (30 odd times). Furthermore, I have declared the DUI at the port of entry on several occasions and have entered with little problem. I have only now got a visa because I am spending so much time in the States that they are accusing me of working there! lol

[s_cass]

I've just got back from New York about 5 days ago and I was cautioned with shoplifting (only 18 and for a dare with friends - v.embaressed about it now!) and I got in absolutely fine and my partner was aressted for a stupid neighborly row and we breexed through.
We actually founf the U.S immigration to be quite nice.
Go to New York (I recommend it anyway) and have a ball!!!
Only serious criminals (and probably serious drug offences) will be passed on. You will have no problem. I was the same worried about my only previous conviction but everything obviously was fine!