Help with VISAs

[sloth13]

Please help!

I was wanting to know what the rules are on entry requirements to the USA for someone that has a drink driving conviction. I am wanting to do a contiki next year but now I am freaking out that they wont let me in. I know Canada wont let anyone in with a conviction and it worries me that America will be the same?

I live in Australia - conviction was about 18 months ago.

Just wanting to know how strict they are and what I would need to do to get a visa..

 

[wijomas]

Re: Help with VISA's

With any conviction, you're ineligible for the Visa Waiver Program. Contact your local US embassy or consulate to obtain a visa, which is usually a relatively straightforward process if you can explain your situation.

 

[fortymilliondaggers]

Re: Help with VISA's

The phrasing on the visa waiver declaration is whether you've been convicted of a crime of moral turpitude, which DUI is not. You should have no problems entering under the visa waiver.

 

[wijomas]

Re: Help with VISA's

Actually the question is:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentance to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities ?

I believe for immigration purposes at least, "controlled substance" includes alcohol, and thus does include drink driving convictions. Best to contact the consulate just to be safe.

 

[fortymilliondaggers]

Re: Help with VISA's

Controlled substances related charges are based on the possession or use of a substance. Alcohol is not a controlled substance.

 

[wijomas]

Re: Help with VISA's

Either way, USCIS really has no way to verify that you don't have any convictions without first calling the relevant authority in Australia, so even if you had convictions involving crimes of "moral turpitude", you could tick no and take the risk. I'd highly advise against it though, I hear US prisons aren't nice places to be!

No harm in asking the consulate/embassy - you don't have to give them your name when you call.

 

[SnowYeti]

I had a speeding fine which I lost my license and I went to court to appeal, that was almost 5 years ago.

I went and got a B1/B2 visa as I regularly visit USA and I don't want the ETSA rubbish each time I go in.

I declared this and they said that was fine, took copies of driving record etc. I asked if I needed to? They said it's good that I did as if I said NO to any convictions, then I would have been prohibited from entering should there have been any problems whilst I was in the US ....

So yes you should declare it (IMHO) and have a copy of your driving record from RTA or QT or wherever you live.

You can get a B1/B2 for 12 months for free I believe, have to apply to the embassy or consulate though and paying the booking fee to make a "window" appointment.

 

[JohnK]

I was wanting to know what the rules are on entry requirements to the USA for someone that has a drink driving conviction. I am wanting to do a contiki next year but now I am freaking out that they wont let me in. I know Canada wont let anyone in with a conviction and it worries me that America will be the same?

If you did not spend any time in jail I would not worry about declaring drink driving convictions.

I entered the USA under the VWP and declared a drink driving conviction and the officer looked up the relevant conviction on the internet to get a gauge of how serious it was in the USA and told me I do not need to declare it next time I enter the USA but bring along the court documents just in case.