Visa to florida from UK, with Criminal record

[ujpest doza]

There have been literally hundreds of posts on this subjecton on OV and other forums and still no conclusion. The problem is a conflict between US regulations and the guidance notes of the US Embassy in UK. This is the question on ESTA

The US Regulations for entry state that you must declare an offence of moral turpitude and are ineligible to travel on a Visa Waiver. However there is no precise definition of moral turpitude in US law, but the regulations give plenty of examples of offences that are, and are not, included in that category, and DUI(Americaneese! for drinkdriving) is not such an offence; indeed even a third offence of DUI is not considered an offence of moral turpitude.

I have seen an offence of moral turpitude described as involving an intent to commit an offence and thus it can be argued that someone caught DUI did not intend to commit an offence.

On the other hand the guidance from the US embassy in London clearly states that if you have been arrested you are ineligible to use a Visa Waiver - and drink driving in UK involves an arrest.

The problem is that apparently the US embassy guidance in some other countries, in the visa waiver scheme, does not include the term 'arrest'; and I have read that drink driving in some countries does not necessarily mean you are arrested. Indeed in UK you could be arrested for drink driving - and subsequently at police station be below the limit and not charged; the strict interpretation of the US embassy guidance is that you need a visa.

There is no point in phoning or writing to the US Embassy in London or indeed the US authorities. Their standard reply is that if you are unsure of the regulations you must attend for an interview.(and you will pay£1.50 a minute on the phone to get that answer)

Thanks for what is always a comprehensive reply Robert5988.
He has now pleaded guilty to drink driving and been banned from driving for 2 years and received a £350 fine.
However, he apparently also had a tiny amount of canabis for personal use in his possession at the time, does this alter the picture entirely or make no difference as he wasn't trafficking and the intntion was only to use it to help treat a medical condition?

[Katys Grandad]

The offenses were minor ones - but as the other poster has said - there are no guarantees.

I think that's about as close as anybody is going to get on giving you any assurances. There is definitely a risk that entry will be refused although it's probably a small one. Whether it's worth taking the chance must be a decision for each individual.

I'm aware that isn't that helpful but at least it sums up the position.

[steph_goodrum]

I had a guest who was in a similar position and I will relay what happened to him and you can then decide what course of action you want to take.

Whatever you do there is a risk of either being turned back or not having a visa issued.

My guest was told by the police that once the conviction was spent it would disappear off all the 'normal' checks and immigration files in the UK. The U.S. does not have unrestricted access to UK records. They can ask for specific details but cannot do a blanket check on every flight arriving in the U.S. They are counting on you to admit an offence so that they can look into it.

If you apply for an ESTA and get one then you have passed all their first level checks. However you have committed an offence by not completing the form truthfully.

My guest arrived and went through with no questions asked. However there are no guarantees.

Dave

In fairness to the owners of the Site Dave, I don't think there should be any other course of action offered than to follow the correct legal procedure. If in doubt then you should either ring the helpline (yes I know it is expensive -) or apply for a Visa.