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Drink Driving Conviction.

  • 27-01-2016 7:11pm
    #1
    Registered Users, Registered Users 2 Posts: 55 ✭✭


    A friend of mine is planning to go to America in a few months to go on a Caribbean Cruise. He has a Drink Driving Conviction from 5 or 6 years ago. Does anyone know how this will affect his chances of getting into America? He is driving on a clean license since then. :confused:


Comments

  • Registered Users, Registered Users 2 Posts: 92 ✭✭The_Bot


    Assuming your friend is an Irish citizen and assuming he is intending to travel on the visa waiver program, he will need to complete an ESTA and that asks certain questions about criminal convictions. At this distance I can't say with any reasonably certainty if there would be an issue but have a look/post over at visajourney.com. There is a wealth of information over there on all things us immigration and non immigration entry.

    One way or the other be clear on the consequences of actions. Misrepresenting material facts (ie lie or conceal the truth) can not only result in denial of entry to the us but also life time ban from using the visa waiver program and potentially 5, 10 year or outright lifetime ban from entering the us - depends on the severity of the perceived offence.

    Not trying to put the ****s up you but think about how much chancers us immigration have to deal with any given day and how little patience they would have if the caught someone trying to pull the wool over their eyes. These people are trained to spot bull****ters


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    https://help.cbp.gov/app/answers/detail/a_id/402/kw/dui%20conviction/
    A single DUI conviction is not grounds to deny entry into the U.S. However, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

    Note that waivers are taking up to 9 months to be approved at the moment.


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    https://help.cbp.gov/app/answers/detail/a_id/402/kw/dui%20conviction/
    A single DUI conviction is not grounds to deny entry into the U.S. However, multiple DUI convictions or a DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

    Note that waivers are taking up to 9 months to be approved at the moment.


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Note that waivers are taking up to 9 months to be approved at the moment.

    Which type of 'waiver' are you referring to? ESTA approval normally takes minutes. The OP only wants to transit through the US (presumably Miami) on his way to a Caribbean cruise so doesn't need anything other than ESTA.


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    If the OP's friend is ineligible for ESTA and is refused a visa because of the drink driving conviction then they need to apply for a Waiver of Inadmissibility.

    https://en.wikipedia.org/wiki/United_States_Waiver_of_Inadmissibility


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  • Moderators, Recreation & Hobbies Moderators Posts: 10,912 Mod ✭✭✭✭Ponster


    These are the ESTA questions :

    a) 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? (These types of offences were previously referred to as Crimes of Moral Turpitude – see below).

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




    For (a) this used to be called Moral Turpitude. This is described as :

    (1) Crimes committed against property (for example, arson, blackmail, burglary, larceny, robbery, fraud, false pretences, theft, receiving stolen property);
    (2) crimes committed against governmental authority (for example, bribery, tax evasion, perjury, fraud against government functions); and
    (3) crimes committed against persons, family relationships, and sexual morality (for example, serious assaults, gross indecency, lewdness, kidnapping, contributing to the delinquency of a minor, murder, voluntary manslaughter, rape).


    A DUI is generally fine unless that DUI involved harming someone else.


  • Moderators, Recreation & Hobbies Moderators Posts: 10,912 Mod ✭✭✭✭Ponster


    These are the ESTA questions :

    a) 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?

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




    For (a) this used to be called Moral Turpitude. This is described as :

    (1) Crimes committed against property (for example, arson, blackmail, burglary, larceny, robbery, fraud, false pretences, theft, receiving stolen property);
    (2) crimes committed against governmental authority (for example, bribery, tax evasion, perjury, fraud against government functions); and
    (3) crimes committed against persons, family relationships, and sexual morality (for example, serious assaults, gross indecency, lewdness, kidnapping, contributing to the delinquency of a minor, murder, voluntary manslaughter, rape).


    A DUI is generally fine unless that DUI involved harming someone else.


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