Vwp, esta and and old records.

[Hannah+Vito 0]

When it comes to very very old and no doubt stepped down driving convictions, would that make a person ineligable for using the visa waiver program and esta? This is for a short, probably two week vacation.

Would the circumstances of the record mater ( I.e. What the offence was?) and with this new esta will that make it more difficult as a computer is now deciding?

[Laura+Tom 2]

What sort of driving convictions are they? For example things like speeding which resulted in points and fines won't.

[Laura+Tom 2]

For ESTA this is the Q on convictions

B) 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 a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_...line_Help_1.htm

Edited January 14, 2009 by Laura+Tom

[Hannah+Vito 0]

I have vague info, talking learner driver, no qualified driver with them in car when stopped. Though they thought they had but friend lied and they found this out when the officer did. Talking teenage behaviour here and long long ago. Before I was born.

[Laura+Tom 2]

I suppose it depends if they were cautioned/arrested for it and whether it appears on records or not.

[Hannah+Vito 0]

I think it went further than cation. So if they were arrested and taken to court they are ineligable ? But just caution they are ok? Oh I wish I had been informed about this ages ago. The wedding is only in two and a bit months.

Would assume it shouldn't come up on records as was so long ago at so young and not been in trouble since.

[Zoe and Hal 0]

I think it went further than cation. So if they were arrested and taken to court they are ineligable ? But just caution they are ok? Oh I wish I had been informed about this ages ago. The wedding is only in two and a bit months.

Would assume it shouldn't come up on records as was so long ago at so young and not been in trouble since.

I wouldn't think it'll be a big deal... they can apply for the esta thing anyway, and if they do get turned down then they still have time to contact the embassy? surely it can't still be on records!!

Edited January 14, 2009 by Zoe and Hal

[Hannah+Vito 0]

It would be well over 30 year ago.

How king would it take to apply for a visitor visa?

[Zoe and Hal 0]

It would be well over 30 year ago.

How king would it take to apply for a visitor visa?

Check the embassy website - there was some info on there I remember seeing but I wouldn't panic just yet! Over 30 years ago was a long time..

[Lansbury 19]

I have vague info, talking learner driver, no qualified driver with them in car when stopped. Though they thought they had but friend lied and they found this out when the officer did. Talking teenage behaviour here and long long ago. Before I was born.

That would never have been put on a criminal record and carried no power of arrest, so I can't see how that in anyway would stop anyone using the VWP.

I would quite happily answer no to the relevant questions on either the VW form or online.

[Rob&Dawn 1]

would that still be showing on a police record if it ever made it on there in the 1st place?

My brother had a similar offence when he was 17 and he has been in the US for 5years, so if it was not an issue for a K3 visa it should be OK for a visitor visa.

[Hannah+Vito 0]

I don't know I am so confussed this is the first I have ever heard anout it and he mentioned it was taken to court. Has not even sent his passport for renewal yet. If they can't make the wedding it will be the end of the world for me. I tried doing the vwp wizzard and I got stuck on has the oerson got criminal convictions which are not minor driving offences that did not result in a conviction or arrest.

If it's stepped down does that mean he is eligable?

[Laura+Tom 2]

I think they will be more interested in the crimes which come under the Q I listed above.

[Hannah+Vito 0]

I wish I could cut and paste the vwp wizard and show u the wording on this thing but I can't. I hope it doesn't count but it also said something about rehibilitations act does not count for visa law.

[rebeccajo 14]

I don't think anyone really can answer your question.

ESTA is new. I don't think we are sure if local police records will be checked.

Over the years many from the UK have incorrectly answered the questions on the I94W because of the UK legal concept of 'spent' crimes. CMIT crimes should be the only ones which would stop an ESTA approval. What we find sometimes, however, is because UK residents know the crime is 'spent' in their country, they don't understand the ramifications of of it under US law.