ESTA Question

[Aussiefamof5]

Hi Guys I have a bit of a sticky question that I hope someone may be able to help with ok here goes...... In my young and dumber days, 5 years ago actually, I had a DUI offence...:

Upon reading about ESTA'S there is a question around crimes of moral torpitude -Ive been trying to find out as to whether a dui is considered a crime of moral torpitude.... and boy oh boy I cant even understand it. If it is i understand that i would have to go to the local United States Embassy for an interview?

So I guess what I'm asking is given ive had a dui can i apply via the visa waiver? Any help would be greatly appreciated

 

[Franrose]

Mr Wiki says no, DUI isn't a crime against Moral Turpitude (Crime committed against governmental authority, not involving moral turpitude). I'd go with what he says. http://en.wikipedia.org/wiki/Moral_turpitude

Same with this website which is a govt document with the definition -

9 FAM 40.21(a) N2.2 Defining “Moral Turpitude”

Statutory definitions of crimes in the United States consist of various
elements, which must be met before a conviction can be supported. Some
of these elements have been determined in judicial or administrative
decisions to involve moral turpitude. A conviction for a statutory offense will
involve moral turpitude if one or more of the elements of that offense have
been determined to involve moral turpitude. The most common elements
involving moral turpitude are:
(1) Fraud;
(2) Larceny; and
(3) Intent to harm persons or things.

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


DUI doesn't involve fraud, stealing or intent to harm so not a moral turpitude issue.

 

[WAMUMOF4]

I'd be playing it safe and getting a visa not worth the risk when you spent so much money to get there this link says a single DUI is not grounds to be refused entry so much of it depends on who you get at immigration on entry i would want to make sure i had every base covered.

https://help.cbp.gov/app/answers/detail/a_id/402/~/entering-the-u.s.-and-canada-with-dui-offenses

 

[marvel]

Agree, I think you will be fine. ALthough it is a very weird word TURPITUDE

 

[battymum]

I read up on this last year as DH had a DUI when he was 18. I can't remember where I found it or the actual words, but the gist of it was yes, you can apply for a visa waiver.

 

[Aussiefamof5]

Yeah it is a rather daunting word

Thank you so much for all your advice guys. Ill apply and see what happens. If i have to apply for a visa i guess thats what i have to do. Would hate to get to the states to be turned away

Its just very confusing.

Thanks everyone

 

[Andona]

Hi Guys I have a bit of a sticky question that I hope someone may be able to help with ok here goes...... In my young and dumber days, 5 years ago actually, I had a DUI offence...:

Upon reading about ESTA'S there is a question around crimes of moral torpitude -Ive been trying to find out as to whether a dui is considered a crime of moral torpitude.... and boy oh boy I cant even understand it. If it is i understand that i would have to go to the local United States Embassy for an interview?

So I guess what I'm asking is given ive had a dui can i apply via the visa waiver? Any help would be greatly appreciated

Could you ring the US Embassy to ask them? I imagine they probably get lots of people with similar questions.

Andona

 

[Marlea98]

DH got booked 10 years ago for a lower level DD/DUI and we came across this worry when getting our ESTAs. As long as there was no conviction recorded then you are fine. We applied to the court to see if there was one recorded and we kept the piece of paper they sent confirming there wasn't anything for when we travelled. We didn't advertise having it with us, of course. And we had no problems with getting in and around America and Mexico. Nobody asked anyway. Don't stress.

 

[Kiwianna]

I have copied this from the webpage of the US Embassy in New Zealand:

You will need a visa, and may not use VWP, if you any of these criteria apply to you:
•Have a criminal record; NOTE for drink driving convictions, according to USCBP applicants with a single DIC/DUI conviction is NOT grounds to deny entry into the U.S; however, multiple DIC/DUI convictions or a DIC/DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

 

[Aussiefamof5]

Hi Kiwiana

I read this exact quote today too!!!

You will need a visa, and may not use VWP, if you any of these criteria apply to you:
•Have a criminal record; NOTE for drink driving convictions, according to USCBP applicants with a single DIC/DUI conviction is NOT grounds to deny entry into the U.S; however, multiple DIC/DUI convictions or a DIC/DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.
Thanks heaps everyone

Ill let everyone know how i go.

 

[Aussiefamof5]

Hi Everyone

Just an update to my original post on ESTA's

Well today i finally applied for our family to visit the states and to my surprise I was approved immediately, as soon as I put my payment through.

I am soooo relieved
YAY!!!!!