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USA waiver programme

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verak | 15:33 Sat 10th Feb 2007 | Travel
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I had a drink drive conviction 7 years ago. I was banned from driving for 9 months and received a �250.00 fine Can I travel on the USA wiver form or do I need a visa
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It's a bit of a grey area.

The question that is asked on the visa waiver form is have you ever been arrested or convicted for a crime involving moral turpitude (and a few other categories).

DUI (as drink drive is known in the US) is not regarded as a crime involving moral turpitude - that's theft, sex crimes, etc.

Therefore you can answer NO on the form without lying and should be admitted.

The publicity surrounding the visa waiver scheme is rather more general - ANY crime debars you if you read it literally.
The US embassy website states that anyone who has ever been arrested (even if they were completely innocent) is ineligible to travel under the Visa Waiver Program. So the simple, 'official' answer to your question is 'Yes'.

However, the chances of the US immigration authorities knowing about your conviction are effectively zero, so you could probably get in under the VWP without any problems.

For a more detailed reply, see my post here:
http://www.theanswerbank.co.uk/Travel/Question 356167.html
(Although that question was from someone who was imprisoned for drink-driving, the answers still apply to you).

Chris
this question is asked every few days,scroll down and you will find lots of advice.
I visited the US on the VWS last year about 6 times. I have a DUI conviction from the US from the early 90's (three glasses of wine, great). On each occasion at JFK I have been hauled up for 'secondary inspection', despite ticking all 'No's' on the green VWS form, their system flags me up each time. This has now happened about 20 times over the last 5 years or so. The starting point is missing I-94 exit cards from the mid-90's on their system, (nothing I do seems to clear these errors) then they start digging, and hone in on the DUI.

On almost every occasion they have asked me about this DUI. But, satisfied that I have committed no other crimes, I have always been let on my way. My impression is that as I have not lied, and I have not committed multiple crimes equating to Moral Turpitude (Google for the 'Foreign Affairs Manual'), I am eligible to enter. (That said 'secondary' is never a particularly pleasant experience).

It is only on my last visit, that on spending so long in the US of late, that they accused me of working there ilegally and told me I had to have a visa, which I now have.

p.s. So, I'd say, you sound as if you're fine on the VWS. But if you want more comfort on this read through the FAM as to what 'Moral Turpitude' is...
http://foia.state.gov/masterdocs/09fam/0940021 aN.pdf

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