US Visa with prior convictions

[spiller9]

Hi All,

I will be travelling to the US in July for my wedding. I have visited the US every year for the past 5 years and have never been denied entry. When I visited last visited in July 2012 I entered under the Visa Waiver Program.

Since the ETSA waiver is current for 24 months, I should not have to complete another online application for my entry this year.

Here is my scenario. I have to attend court next month to face a charge of street racing. I have not yet been convicted of this but I wanted to investigate things in this regard anyhow.


My questions are:

Would a conviction for something like street racing be classed as "Moral Turpitude"?

Since I will already have a current visa waiver (from my trip to the US last year), should I be ok to enter the country when I travel there this July?


What I am trying to avoid is arriving in the country and being denied entry. If anyone could offer any advice that would be great.

Thanks.

 

[harvyk]

See the following for Moral Turpitude -> Moral turpitude - Wikipedia, the free encyclopedia

I don't believe it would count against you for the US, and you'll still be fine on the VWP.

Of course insert standard disclaimer here.

 

[Mwenenzi]

This has been asked before. Look here: Visas, Immigration & Customs

 

[mella2007]

Hi Spiller...Welcome to AFF

Your kind of question hasn't come up that often before, though there are plenty of threads with people with prior convictions.

Were you arrested or charged by summons? Can you adjourn the court date till after July? What are the charges? A lot of this will determine what your options may/may not be.

 

[spiller9]

Hi Spiller...Welcome to AFF

Your kind of question hasn't come up that often before, though there are plenty of threads with people with prior convictions.

Were you arrested or charged by summons? Can you adjourn the court date till after July? What are the charges? A lot of this will determine what your options may/may not be.

Hi thanks,

I didnt think it would have come up in regard to this particular charge as its not that common.

I was not arrested for the offense but received a summons to court. I am fighting the charges and as a result, now have to go to trial to plead my case. The actual charge is "Basic Offense - Driving a Motor Vehicle in a Street Race. The whole thing has been blown way out of proportion but there is nothing I can do about it at this point in time. I may very well still beat the charges but I want to investigate this matter as obviously my wedding is riding on my entry into the country.

I should also note that my criminal background is completely clean.

I am wondering who do I talk to for advice in regard to this matter? Do I call the US consulate directly? My lawyer?

 

[harvyk]

Hi thanks,

I didnt think it would have come up in regard to this particular charge as its not that common.

I was not arrested for the offense but received a summons to court. I am fighting the charges and as a result, now have to go to trial to plead my case. The actual charge is "Basic Offense - Driving a Motor Vehicle in a Street Race. The whole thing has been blown way out of proportion but there is nothing I can do about it at this point in time. I may very well still beat the charges but I want to investigate this matter as obviously my wedding is riding on my entry into the country.

I should also note that my criminal background is completely clean.

I am wondering who do I talk to for advice in regard to this matter? Do I call the US consulate directly? My lawyer?

If you do call the US consulate directly, be very careful, as any information you volunteer will be recorded and potentially used against you. I would suggest speaking to a lawyer who is familiar with US immigration law. They are in the best place to provide information pertaining to your exact circumstances without that information potentially being used against you at a later date.

 

[brookej23]

Hi I am looking at visiting the us next yr and unsure whether to apply for a visa because I have a drink driving charge on my criminal record from last year . Do I have to apply for a visa with just the one or can I use the ESTA form?

 

[flymetothemoon]

Hi I am looking at visiting the us next yr and unsure whether to apply for a visa because I have a drink driving charge on my criminal record from last year . Do I have to apply for a visa with just the one or can I use the ESTA form?

Moral turpitude - Wikipedia, the free encyclopedia

Drink driving doesn't fall under "Moral turpitude" (for some bizarre reason) so you should be fine.