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Subject: Re: arrest in USA-visa or no visa for next visit? Posted on: Wed, 28 Feb 2007 14:34:16 +0000


> Hi everyone,
>
> Here is a tricky one, and I would appreciate any advice given.
> Currently I am in the US and managed to get arrested for a DUI.
> regrdless of all the expense and misery this is causing I have one
> very important question.
>
> I am coming back to the US on holiday in 4 months, and according to
> the US embassy website anyone with a conviction or arrest must apply
> for a visa, however on the 'green card' you fill out for the visa
> waiver scheme I am able to tick 'no' to all the questions which would
> prevent you from using this, as i have not been arrested or charged
> with a crime of 'moral turpitude' (DUI is not a crime of moral
> turpitude)
>
> My question is what do i do?
>
> I could risk getting through on the waiver form and, i might add,
> without lying as my crime is not one of moral turpitude, however due
> to my arrest in the USA, they have my finger prints, which I am
> thinking would pull up my arrest when i get my prints done on entry to
> the US, therefore risking being sent back.
>
> or....
>
> I could apply for a visa to cover myself, but due to the nature of the
> embassy I may risk being refused, which would be a nightmare, and with
> that having my passport and record marked perminently.
>
> This is a tricky one legally and of course from a personal judgement
> point of view... does anyone have any advise as I cant believe I am
> the only UK citizen to get arrested for a DUI in the world.
>
> many thanks for any views
>
> Simon

A DUI is not a CIMT.

The question really is do I need a waiver, and I believe the
answer is no.

A B and a VWP just get you to the door.

I understand that US Immigration can access DMV records, I do not
believe that it comes up on their screen automatically.

Obviously you need to pay the fine etc, around here it also usually
involves Community Service.

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