<blockquote id="quote" class="ffs">quote:ANY type of offence (motoring or otherwise) resulting in a conviction means you are not eligible to use the Visa waiver programme, only motoring offences which did not result in a conviction ie. an on the spot/fixed fee speeding fine/points, parking ticket etc. are classed as minor and are allowable.[/quote]
Jeff,
Sorry to be pedantic but that quote is not correct.
As well as fixed penalty notices you can be [u]convicted</u> by a court for speeding and a host of other minor motoring offences and still be eligible for the Visa Waiver Scheme. (VWS)
For instance if you are issued with a fixed notice penalty you have the choice of whether to pay or go to court – to either plead not guilty or mitigating circumstances.
If your plea fails you are [u]convicted</u>, but still eligible for the VWS. Also many speeding offences captured by camera result in a [u]conviction</u>. The size of fine is dependant on your income; again you are still eligible for the VWS
As I said in my earlier post the operative word is [u]‘Arrested’</u>. You are only arrested for serious motoring offences Drink-Driving etc and then you are ineligible for VWS regardless of whether you are convicted.
However the wording on the Green Visa Waiver form (I-94W) that you are required to sign asks:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offences for which the aggregate sentence to confinement was five years of more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities."
Apart from being one of the longest sentences I have read, you could be forgiven for being unclear what ‘moral turpitude’ means – particularly if English is not your Mother tongue! The Oxford Dictionary defines ‘Turpitude’ as “Base or shameful character; vileness; depravity, wickedness”
Just reading the I –94W and without having read the Embassy website you might well argue that there are many arrestable offences that do not involve moral turpitude. However when you sign the I-94W you waive any rights to review or appeal the immigration officer’s decision.
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