ChatterBank6 mins ago
Travelling to Florida with motoring convictions
Hi all,
Im fairly new to all this so here goes.
I am looking at travelling to Florida later this year but I currently have a couple of convictions on my driving license. One of them is a drink-drive ban from 2006. On the online application form it asks if:
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"
Do I put yes or no for this one?? I've not spent time in prison nor are any of my convictions criminal. They are all motoring convictions.
Any help on this matter would be greatly appreciated.
Kind regards,
Chris
Im fairly new to all this so here goes.
I am looking at travelling to Florida later this year but I currently have a couple of convictions on my driving license. One of them is a drink-drive ban from 2006. On the online application form it asks if:
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?"
Do I put yes or no for this one?? I've not spent time in prison nor are any of my convictions criminal. They are all motoring convictions.
Any help on this matter would be greatly appreciated.
Kind regards,
Chris
Answers
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Say no! Before I found out about this site my husband went through the whole expensive rip off visa thing! We had to travel for nearly 3 hrs to London, cost us a fortune and he had to be interviewed by the embassy.
Fortunately they did give him a visa, I know someone who didn't get one for the same reason.
When we actually arrived in Florida the immigration sent me through with our 3 yr old and kept him back to ask him why he had a visa! When he told them it was only for drink driving they couldn't believe it and said "what so you didn't do time then or anything"? They were genuinely shocked and gave the impression it was completely unnecessary for him to have got one in the first place.
Fortunately they did give him a visa, I know someone who didn't get one for the same reason.
When we actually arrived in Florida the immigration sent me through with our 3 yr old and kept him back to ask him why he had a visa! When he told them it was only for drink driving they couldn't believe it and said "what so you didn't do time then or anything"? They were genuinely shocked and gave the impression it was completely unnecessary for him to have got one in the first place.
As Skyline correctly points out, all motoring offences (with the exception of some parking matters, which have have now been 'de-criminalised') are criminal offences. Drink-driving is a criminal offence, as is speeding and 'causing an obstruction'. While minor matters (e.g. those dealt with by fixed penalties) don't create a 'criminal record', offences dealt with by a court (such as drink-driving) do.
Dzug correctly points out that US law only prohibits people who've been convicted of crimes of 'moral turpitude' from entry into the USA. ('Moral turpitude' includes all types of theft [even nicking a Mars bar] but not, somewhat strangely, most forms of assault. As Dzug states, it doesn't include drink-driving).
However the general rules for entering the USA are totally separate to those for entering under the Visa Waiver Program. Anyone who has ever been arrested (even if totally innocent) is ineligible to enter under the V.W.P.
So you're definitely meant to declare your drink-driving conviction, which will mean that you'll then have to go through the tedious process of applying for a visa. (It can take 6 months or more. You have to pay to apply and then pay again for a courier to return your passport. You have to apply to the police for a copy of your 'police record', and submit it to the US embassy. You also have to attend an interview in London)
Most people simply 'forget' about their convictions. The US authorities have no direct access to UK criminal records. They only know about specific individuals who're on a 'watch list' provided by the UK authorities.
Chris
Dzug correctly points out that US law only prohibits people who've been convicted of crimes of 'moral turpitude' from entry into the USA. ('Moral turpitude' includes all types of theft [even nicking a Mars bar] but not, somewhat strangely, most forms of assault. As Dzug states, it doesn't include drink-driving).
However the general rules for entering the USA are totally separate to those for entering under the Visa Waiver Program. Anyone who has ever been arrested (even if totally innocent) is ineligible to enter under the V.W.P.
So you're definitely meant to declare your drink-driving conviction, which will mean that you'll then have to go through the tedious process of applying for a visa. (It can take 6 months or more. You have to pay to apply and then pay again for a courier to return your passport. You have to apply to the police for a copy of your 'police record', and submit it to the US embassy. You also have to attend an interview in London)
Most people simply 'forget' about their convictions. The US authorities have no direct access to UK criminal records. They only know about specific individuals who're on a 'watch list' provided by the UK authorities.
Chris
Anyone who has ever been arrested (even if totally innocent) is ineligible to enter under the V.W.P.
Sorry Chris I disagree. The US London Embassy peddles that line, but that's because, probably correctly, they don't trust the British public to understand what is and is not moral turpitude, etc, and would rather make the decision themselves. I think it's paranoia of people getting it wrong and being refused entry rather than a money making exercise.
Sorry Chris I disagree. The US London Embassy peddles that line, but that's because, probably correctly, they don't trust the British public to understand what is and is not moral turpitude, etc, and would rather make the decision themselves. I think it's paranoia of people getting it wrong and being refused entry rather than a money making exercise.
Actually looking at the original post, those are not the words in the question the ESTA site/Visa Waiver application asks.
I suspect they are the questions on the application form for a 'real' visa where they sound to be more searching. And if that is so the answer is yes. It may or may not get you refused a visa - probably not, but you may face questions on whether you have overcome your drinking problem.
But the visa waiver is much simpler, and you don't have to lie and it's free.
I suspect they are the questions on the application form for a 'real' visa where they sound to be more searching. And if that is so the answer is yes. It may or may not get you refused a visa - probably not, but you may face questions on whether you have overcome your drinking problem.
But the visa waiver is much simpler, and you don't have to lie and it's free.
Sorry, SUFCpimp (and Dzug), the old visa waiver form no longer exists.
Prior to August 2008, travellers who were eligible to enter the USA without a visa simply completed a form on the plane.
From 1 August 2008 to 11 January 2009, you could either complete the form on the plane or use the online ESTA.
From 12 January, you can only use the ESTA, which must be submitted at least 72 hours prior to travel.
Chris
Prior to August 2008, travellers who were eligible to enter the USA without a visa simply completed a form on the plane.
From 1 August 2008 to 11 January 2009, you could either complete the form on the plane or use the online ESTA.
From 12 January, you can only use the ESTA, which must be submitted at least 72 hours prior to travel.
Chris
Just to clarify, I know absolutely nothing about entry requirements for the USA nor visas. I wasn't answering the question posed in any way, merely picking the original poster up on the quote "I've not spent time in prison nor are any of my convictions criminal. They are all motoring convictions."
If all his convictions are motoring convictions then, AS A MATTER OF FACT, they are also criminal convictions. The statement was contradictory.
If all his convictions are motoring convictions then, AS A MATTER OF FACT, they are also criminal convictions. The statement was contradictory.
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