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 Post subject: Do we apply for a visa or not?
PostPosted: Mon, 14 Jul 2008 12:54:16 +0000 
We are going to Florida in May 2009, after the new online registration has been introduced, heres what we have so far:

my son has a dangerous driving against him instilled july 2007 for tailgating, he also has a speeding offence as well, by the time we go to Florida it will have been over 3 years for the speeding one and over 2 year for the tailgating one, neither resulted in an arrest, but we are worried because he has multible offences not for what they are.

My concern about applying for a visa is that he will be turned down because he has 2 offences against him, Have heard in other forums of this happening, we have been to Florida in 96, 99, 2001 and 2004 previously with no problems, but these offences have resulted since then.

If I apply for a visa and he gets turned down then thats the end of the family trip, (where he also has plans to propose to his girlfriend in place), it would be a disaster, however if I don't apply for the visa and he tells a white lie ie that he has no convictions, we are taking the risk of him getting turned back which would also be a disaster.

I was thinking of filling in the esta in August when available for approval if it comes up saying he needs a visa then still plenty of time to apply for one, but was thinking this will probably be the same questions as the vwp, so would still be posed with the question to lie or not, as I think as soon as you tick the yes box you need a visa reguardless of what it is.

we are infact aready booked all 6 adults, wouldn't go without him as the full holiday is about him and his girlfriend so we will all need to cancel, just couldn't go without him.

Just wondering because it seems as soon as we mention it to the embassy then thats it theres no going back, just don't know what to do, I wouldn't have a problem applying for the visa if I knew that he wouldn't get turned down, with the chance of that happening I am scared to start the procedure, I know that no one can guarantee this but would like to know if anyone has been turned down for driving convictions.


Any views appreiated!

Thanks


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PostPosted: Mon, 14 Jul 2008 16:39:09 +0000 
I have been going over this all afternoon and I have found this while doing some research, if you go to en.wikpedia.org and look up "moral turpitude"


some quotes from it include:



Quote:
The first question on document I-94W for those visiting the U.S. on the Visa Waiver Program asks:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?


and if you scroll down to the bit showing the crimes on the right hand side where it says Crimes not involving moral turpitude reckless driving is listed, I would assume that is like our dangerous driving here, so really when he is asked the question he is infact answering honestly because the crime is not listed as "moral turpitude".

What do you think?


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PostPosted: Mon, 14 Jul 2008 18:58:23 +0000 
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Joined: Tue, 18 Jan 2005 14:56:20 +0000
Posts: 5209
Location: Glasgow
I think you shouldn't trust Wikipedia for legal advice. Nor this forum. Wikipedia may well be right in this case, but you would be better off phoning the US embassy to ask them. Give a false name on the phone if you have to.

One word of warning - the embassy is run by the State department. The Immigration and Naturalization Service which controls entry at airports is an entirely separate organisation. I can tell you from personal experience that they do not always agree about the correct visa paperwork in a given situation. It helps to have your skills of persuasion finely honed when you reach the airport.

USCIS
Quote:
Passing through a U.S. Port of Entry

Applicants should be aware that a visa does not guarantee entry into the United States. Immigration authorities have the authority to deny admission, and determine the period for which the bearer of a visitor visa is authorized to remain in the United States.

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