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Basildon-iron 1:43 Tue Jul 7
American Immigration - Travel Advice

Finest Who'ers

I'm looking to go to New York and someone who we'll be travelling with is currently on a driving ban for driving without insurance. Officially it seems that an ESTA alone will not suffice and they will need to get a travel visa as any form of conviction means you may be refused entry into the States if undeclared.

Has anyone had any experience of this? travelled over there with a criminal record on an ESTA alone?

Oh and before you start I'm not asking for advice to take as gospel just seeing if anyone has had a similar experience and what they did/found out before we contact the US embassy.

Basildon-iron 3:00 Tue Jul 7
Re: American Immigration - Travel Advice

Lee Trundle 1:58 Tue Jul 7

Cheers Lee. Amazing some of the things listed there. I know we're probably panicking over nothing I've just been to the states a few times and have had a few arsey immigration officers to get past. She'll be panicking like mad on the flight over thinking there going to ask a question like 'ever been in trouble with the police' and she'll get all bumbling at the desk

kch 2:03 Tue Jul 7
Re: American Immigration - Travel Advice

go here, do not pass go, do not collect £200:

https://esta.cbp.dhs.gov/esta/

Herts Hammer 2:03 Tue Jul 7
Re: American Immigration - Travel Advice

Well the questions I typed below were a C&P directly from the US Gov ESTA page.

Interesting that they've changed the moral turpitude question. I guess a lot of people had trouble defining exactly what moral turpitude actually is.

Basildon-iron 1:59 Tue Jul 7
Re: American Immigration - Travel Advice

Herts Hammer 1:57 Tue Jul 7

Herts my concern is on the US embassys website there is a visa waiver wizard and the question on there asks have you been arrested, convicted with any crime whatsoever. If you click yes on that it proceeds to a page stating the ESTA programme is not suitable and you will need a B2 travel visa.

Lee Trundle 1:58 Tue Jul 7
Re: American Immigration - Travel Advice

Basildon-iron

He should be fine. There's a bit more here on what an offence of moral turpitude actually is.

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

Herts Hammer 1:57 Tue Jul 7
Re: American Immigration - Travel Advice

The Esta questionnaire won't care about a driving conviction.

These are the questions they ask;

1) Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases:

Chancroid
Gonorrhea
Granuloma Inguinale
Leprosy, infectious
Lymphogranuloma venereum
Syphilis, infectious
Active Tuberculosis

2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

3) Have you ever violated any law related to possessing, using, or distributing illegal drugs?

4) Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?

5) Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?

6) Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?

7) Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?

So, the only question that mentions conviction or arrest, 2, is only interested in damage to property or people. Driving offenses will not come into it.

Basildon-iron 1:56 Tue Jul 7
Re: American Immigration - Travel Advice

Lee Trundle 1:49 Tue Jul 7

The ESTA question around arrest asks 'have you ever been convicted for an offence or crime involving moral turpitude or a violation related to a controlled substance'

I'm guessing that no one in their right mind would class driving uninsured as an offence of moral turpitude but at the back of my mind there's just always that risk of weighing out a grand for flights and then getting turned away from immigration desk in New York for something as stupid as a driving ban (although I'm not condoning driving uninsured, just in the context of it stopping you getting into a country)

Josh 1:55 Tue Jul 7
Re: American Immigration - Travel Advice

A lot of fake ESTA websites out there. Make sure its the official one.

Northern Sold 1:54 Tue Jul 7
Re: American Immigration - Travel Advice

Won't be a problem...

norwich hammer 1:50 Tue Jul 7
Re: American Immigration - Travel Advice

Fill it in and declare he will be fine!

Lee Trundle 1:49 Tue Jul 7
Re: American Immigration - Travel Advice

You could take the risk and tick "No" on the ESTA when it asks you "have you ever been arrested".

My friend did that when he came over for my wedding, and he has a conviction for drink driving. He got through fine.

worm 1:47 Tue Jul 7
Re: American Immigration - Travel Advice

I managed to get myself deported from Australia many years ago.
I didnt declare it when visiting the US, had no problems getting in.

Uncle Junior 1:46 Tue Jul 7
Re: American Immigration - Travel Advice

Don't tell them - simple

Far Cough 1:45 Tue Jul 7
Re: American Immigration - Travel Advice

Well, this was before 9/11 but I had a couple of convictions, one was for assaulting a copper, I never declared them, and I got my Green card, lived there for 20 years.