US Visa Question

[ridraggamuffin]

My family and I are booked to go to Disney in late September.

My brothers Girlfriend has just added onto our booking, but she has a Drink-Driving ban that ends in November this year.

Officially I think she needs a visa, but its expensive and time consuming.

I was just wondering if anyone had any advise on wether she should just go in on the Visa Waiver Programme and not mention the conviction.

How would the US Authorities know?

Let me know what you think.

 

[wilma-bride]

Welcome to the DIS

You are right, officially she needs a Visa. As you seem to be fairly new here, you would be forgiven for not realising that the subject of Visas can often cause lots of controversy here as you will have those people who tell you she'll be fine and those who say you need to get a Visa for her.

All I will say is she may be fine, they may have no way of knowing but I won't tell you what to do - it is your risk at the end of the day. It's a long way to go and risk not being allowed in to the US at the other end.

 

[kizzy212]

she does need to apply for a visa, but i personally would just go. my partner has travelled five times with a old assult charge where he served 2 1/2 years back in 1992.

the first time we travelled Imm.officer asked if he had been in trouble with the law. he said yes told them it was 10 years ago. They asked details. he said enjoy your holiday. never been asked since. i be honest the rules wasnt as stricked back then as they are today. but we still travel without visa to this day.

a friend of ours who was going to come with us one year. had a assult charge against his ex-wife from over 8 years ago. he applied for his police record, travelled to london and got refused. america see laws different to us. as my partners assult charge was for protecting his home duing a burgulary they see that different in there country. you are allowed. where as assult to a women is a serious affence.

the decision is yours? i personally would go. you get to immigration they ask who is who. in some cases they will target someone and ask things like, what you do for a living, etc etc or have you been in trouble say no and go through enjoy your holiday...

 

[kizzy212]

Welcome to the DIS

You are right, officially she needs a Visa. As you seem to be fairly new here, you would be forgiven for not realising that the subject of Visas can often cause lots of controversy here as you will have those people who tell you she'll be fine and those who say you need to get a Visa for her.

All I will say is she may be fine, they may have no way of knowing but I won't tell you what to do - it is your risk at the end of the day. It's a long way to go and risk not being allowed in to the US at the other end.

i was just thinking about that..... here comes another debate....

 

[carolfoy]

please, nobody get nasty over this, Joh is right, OFFICIALLY she needs one, but I bet half the people going have minor convictions and don't get one. The U.S. authorities are more interested in those with drugs/arms/fraud offences

 

[kristieuk]

Isn't only convictions or arrests for offences that come under the category of 'moral turpitude' that are excluded from the Visa Waiver programme? I seem to recall that is the expression used on the green Visa Waiver Form.

I don't know if driving under the influence comes under that category - but if you look at this link , there are US cases that say it doesn't.

Not sure if that helps, but it might mean you wouldn't be required to apply for a Visa in any event. Good luck!

 

[ridraggamuffin]

Many thanks for the information folks!

I have been doing a bit of digging myself and found that in Florida Law, Drink Driving is not considered "Moral Turpitude".

The information I found states you need a visa if you answer Yes to any of the questions on the Green form. As Drink Driving isn't Moral turpitude, she won't need to answer yes to that.

This means she won't need a visa and will be fine on the Waiver.

Many thanks for all your help.

 

[kizzy212]

heres another link listing crime of moral turpitude for anyone intrested.

http://www.faqs.org/qa/qa-8222.html

 

[alisonbestford]

Many thanks for the information folks!

I have been doing a bit of digging myself and found that in Florida Law, Drink Driving is not considered "Moral Turpitude".

The information I found states you need a visa if you answer Yes to any of the questions on the Green form. As Drink Driving isn't Moral turpitude, she won't need to answer yes to that.

This means she won't need a visa and will be fine on the Waiver.

Many thanks for all your help.

Great news