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drink driving

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millie

United Kingdom
623 Posts
Joined: 29 Sep 2002
Status: offline

Posted - 30 Jan 2008 : 22:13:57

Would you be able to use the visa waiver program if you had a conviction for drink driving?

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Robert5988

United Kingdom
1439 Posts
Joined: 15 Apr 2004
Status: offline

Posted - 30 Jan 2008 : 22:33:18

There is no correct answer to your question. As stated in previous threads it depends what you read and how you interpret it. This is what I posted last time.

quote:
You can look at the wording on the I94-W(the green visa waiver form) and make your own interpretation of what it means. The reference to crimes of 'moral turpitude' and periods of confinement only serve to confuse.

If someone was on their first visit to the USA and hadn't read forums like this, they could be forgiven for thinking arrests for minor offences, and/or being found not guilty, did not count and they could truthfully answer 'No' to the relevant question. Heaven knows what non English speaking visitors(who are required to use the same form) make of the wording!

Now the bad news:

If you look at the US Embassy website(in UK) for guidance it is quite clear: you cannot enter on a visa waiver if you have ever been arrested - even if you were found not guilty.

If you lived in other parts of the world and looked at their US embassy website it is not so definitive.

Don't bother ringing the US Embassy(at £1.50 a min) they will tell you to come for an interview.

There is no legal definition of what type of crime is classed as 'moral turpitude' but by the precedents set, drink driving isn't.

However drink driving will mean an arrest, and if you look at the US embassy site for UK you need a Visa. However the vast majority of visitors to the USA will never look at that site - and are not required to do so; or look at websites like this.

Confused? Join the rest of us?

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millie

United Kingdom
623 Posts
Joined: 29 Sep 2002
Status: offline

Posted - 30 Jan 2008 : 22:59:10

So would the advice be just to declare it on the form, not declare it on the form or to try to get a visa in advance. I don't want the person involved to be refused entry when he gets there!

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Robert5988

United Kingdom
1439 Posts
Joined: 15 Apr 2004
Status: offline

Posted - 30 Jan 2008 : 23:21:54

There is no facility to "declare it" on the form.

You answer YES or NO to question B on the Visa Waiver form (there is a copy on this website)If he answers YES he will certainly face further questioning.

Nobody should give you(him) any advice.

The only way to be sure is to go get a Visa - although that could also be refused(unlikely with just a single DD offence, unless they feel he might DD again in the USA)

Edited by - Robert5988 on 30 Jan 2008 23:26:55

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millie

United Kingdom
623 Posts
Joined: 29 Sep 2002
Status: offline

Posted - 31 Jan 2008 : 13:54:34

thank you for your replies. will let him decide for himself what to do.

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