USA Wavier VISA With Driving Conviction (Non DUI)

[simplesimon]

Quick question that I can't seem to find an answer to.

I have a criminal record for a driving offence (not DUI) - dangerous driving I think it was. Just a fine and 12 month license suspension that has been paid and "time served" as such.

No custody time etc.

My question - is the a crime or moral turpitude? From what I have read it isn't and I will call the US Embassy and check but wanted to see what people here think?

Thanks!

 

[flymetothemoon]

Quick question that I can't seem to find an answer to.

I have a criminal record for a driving offence (not DUI) - dangerous driving I think it was. Just a fine and 12 month license suspension that has been paid and "time served" as such.

No custody time etc.

My question - is the a crime or moral turpitude? From what I have read it isn't and I will call the US Embassy and check but wanted to see what people here think?

Thanks!

If you have VISIBLE criminal record then you should apply for a visa or call the embassy like you said. I would not risk it especially if it's visible. If it's visible on your record then it's visible to custom officers.

 

[Aussie_flyer]

If you have VISIBLE criminal record then you should apply for a visa or call the embassy like you said. I would not risk it especially if it's visible. If it's visible on your record then it's visible to custom officers.

it would only be visible if they made some specific requests it doesn't just flash up on the screen instantly.

flymetothemoon's advice is wrong... driving offences are not included in the definition of moral turpitude when it comes to US immigration.

EVIDENCE: http://www.state.gov/documents/organization/86942.pdf

 

[flymetothemoon]

it would only be visible if they made some specific requests it doesn't just flash up on the screen instantly.

flymetothemoon's advice is wrong... driving offences are not included in the definition of moral turpitude when it comes to US immigration.

EVIDENCE: http://www.state.gov/documents/organization/86942.pdf

I NEVER said that it will flash up on their screen but if they want to find out they can and my advice is not wrong - the OP should contact the embassy and ask them if it does/doesn't fall under moral turpitude or they should just go through ESTA and it will tell them that way. If it doesn't fall under moral turpitude then they don't need to apply for a visa but that doesn't mean they won't be questioned at immigration if their criminal record does come to light.

 

[Aussie_flyer]

I NEVER said that it will flash up on their screen but if they want to find out they can and my advice is not wrong - the OP should contact the embassy and ask them if it does/doesn't fall under moral turpitude or they should just go through ESTA and it will tell them that way. If it doesn't fall under moral turpitude then they don't need to apply for a visa but that doesn't mean they won't be questioned at immigration if their criminal record does come to light.

I have given you evidence from the US government which says driving offences are excluded from moral turpitude .

end...of...story

 

[The Rok]

I have given you evidence from the US government which says driving offences are excluded from moral turpitude .

end...of...story

I agree. No need for a visa! Don't complicate things for this guy. Click no, enter the USA, enjoy your holiday.

If you are questioned at US immigration, which I highly doubt you would be questioned about criminal records then tell the truth. Don't volunteer information willy nilly but answer the direct questions they ask without a story behind them.

You will be fine. Don't sweat, lots to see & do in the US! Where are you off to incidentally?

 

[flymetothemoon]

I have given you evidence from the US government which says driving offences are excluded from moral turpitude .

end...of...story

Well in that case, off you go! LOL! (But at least the OP is doing the right thing and finding out for certain) - even though that page might state it isn't, it's still best to get up to date information.

 

[simplesimon]

Thanks for all the replies.

Not leaving until July so I figured that if I did really need to go and get a visa then I better start now.

I was pretty sure that I didn't have to but wanted to see what the forum thought.

Do they make you fill out an entry for on the plane that asks do I have a criminal record to hand in at customs? Wouldnt I have to enter yes there?

 

[flymetothemoon]

Thanks for all the replies.

Not leaving until July so I figured that if I did really need to go and get a visa then I better start now.

I was pretty sure that I didn't have to but wanted to see what the forum thought.

Do they make you fill out an entry for on the plane that asks do I have a criminal record to hand in at customs? Wouldnt I have to enter yes there?

I'm pretty sure you don't anymore, that's the reason why the ESTA came in to fruition - you just have to complete that before hand online.

 

[coyote25]

I'm pretty sure you don't anymore, that's the reason why the ESTA came in to fruition - you just have to complete that before hand online.

I can confirm this. When I first got an ESTA Visa Waiver they still made me full out the form which i thought was stupid.

However last time I was in the USA Dec 2012) the border control officer said I didn't need the form and torn it up.

 

[simplesimon]

Appreciate all the replies everyone. I thought if I tick no criminal record on the ESTA and then on the plane I fill out another form which I would "have" to tell them the truth (or run a big risk as I cross the boarder) and then they ask why I didn't say yes in the first place... and then end up back in Australia all by myself with a very unhappy Wife!!

 

[simplesimon]

Just got off the phone with the Consulate/ Embassy.

Basically they aren't allowed to provide you outcomes over the phone but they read out a list of things that don't warrant crossing over into "moral turpitude" and my example is one of those so I can select NO in this section and everything "should be ok"

Thanks everyone

 

[JohnPhelan]

Do they make you fill out an entry for on the plane that asks do I have a criminal record to hand in at customs? Wouldnt I have to enter yes there?

No, this used to be the system, but the I-94 (or I-94W) form is no longer used. You will only have to fill out a customs/quarantine form.

 

[vitagen]

No, this used to be the system, but the I-94 (or I-94W) form is no longer used. You will only have to fill out a customs/quarantine form.

Thats correct with my exp to the US too, no immigration form required to enter US under ESTA, besides a customs declaration form.

 

[Aussie_flyer]

Just got off the phone with the Consulate/ Embassy.

Basically they aren't allowed to provide you outcomes over the phone but they read out a list of things that don't warrant crossing over into "moral turpitude" and my example is one of those so I can select NO in this section and everything "should be ok"

Thanks everyone

good to know thanks