visa or not??

[Robert5988]

<blockquote id="quote" class="ffs">quote:If you have been arrested or convicted of any offense, including traffic offenses, you are ineligible to travel under the visa waiver program and need to apply for a visa.[/quote]

Blott,
That quote in isolation could be read(and apparently has been by Honeybee) that conviction for minor traffic offences such as speeding disqualifies you from using the Visa Waiver scheme.

The operative word is 'arrested' regardless of being found guilty or not. Minor traffic offences - speeding etc do not disqualify you from the visa waiver program. The wording is:

"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."

[phaedra]

Honeybee,

"What they are saying is crimnal offence ie murder, GBH, stealing, arson, etc etc not speeding etc."

That isn't correct, 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.

[blott]

Thanks Robert & Phaedra for clarifying that for me. The relevant official info is on the link I posted earlier http://www.usembassy.org.uk/cons_web/visa/niv/vwp.htm

[Robert5988]

<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.