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can I get an american visa
I was convicted for drink drinving, no insurance and no full licence 2 years ago. I have booked a trip to Florida in August for me and my 2 boys I didn't realise when I booked that I would need a visa. I have an appointment at the embassy next month but I am worried sick they will turn me down, I do not want to let my children down they are so excited about going. Can anyone please tell me my chances of being turned down. Thanks!!!
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(2-part post):
Does that mean me, Scoobydooby? ;-)
Posh123:
If you'd have posted your question before making an appointment at the US embassy, the majority of people, here on AB, would have recommended that you should simply 'forget' your convictions and enter the USA (illegally) under the Visa Waiver Program. The US authorities have no direct access to UK criminal records, so the chances of their immigration officials knowing about your convictions were effectively nil.
Now that you've decided to do things by the book, there's the possibility that (by booking an appointment at the embassy) you might have flagged something up in the immigration system so that US officials would be suspicious if you now tried to enter using a visa waiver form. So cancelling your appointment and 'chancing it' might now be riskier than if you'd not made the appointment in the first place.
The problem with trying to assess your chances of being granted a visa is that the US authorities don't provide an absolute list of what they regard as likely to cause problems. However, the visa waiver form (and other official US government publications) seem primarily concerned with crimes involving 'moral turpitude'. There's a definition of the term on the US immigration website but it's quite well summarised on Wikipedia:
http://en.wikipedia.org/wiki/Moral_turpitude
The definitions are possibly somewhat surprising. For example, some forms of assault don't come within the definition of 'moral turpitude' but simply nicking a Mars bar, for example, does.
Does that mean me, Scoobydooby? ;-)
Posh123:
If you'd have posted your question before making an appointment at the US embassy, the majority of people, here on AB, would have recommended that you should simply 'forget' your convictions and enter the USA (illegally) under the Visa Waiver Program. The US authorities have no direct access to UK criminal records, so the chances of their immigration officials knowing about your convictions were effectively nil.
Now that you've decided to do things by the book, there's the possibility that (by booking an appointment at the embassy) you might have flagged something up in the immigration system so that US officials would be suspicious if you now tried to enter using a visa waiver form. So cancelling your appointment and 'chancing it' might now be riskier than if you'd not made the appointment in the first place.
The problem with trying to assess your chances of being granted a visa is that the US authorities don't provide an absolute list of what they regard as likely to cause problems. However, the visa waiver form (and other official US government publications) seem primarily concerned with crimes involving 'moral turpitude'. There's a definition of the term on the US immigration website but it's quite well summarised on Wikipedia:
http://en.wikipedia.org/wiki/Moral_turpitude
The definitions are possibly somewhat surprising. For example, some forms of assault don't come within the definition of 'moral turpitude' but simply nicking a Mars bar, for example, does.
You'll see, from that list, that drink-driving doesn't come under 'moral turpitude'. However, my worries are about the 'no insurance' offence. It's not specifically listed in either column but I've got concerns that it might get grouped with offences such as fraud or tax evasion. This is primarily because there's been a post, here on AB, from someone whose partner waited 6 months to hear the outcome of their visa application but was then turned down because of two offences of driving with no insurance.
Unfortunately, there can be no certainty regarding the response from the US embassy. (All you can do is to ensure that you submit all of the relevant paperwork, including a copy of your police record, and cross your fingers). Even the time scale is uncertain. Some people seem to get their visa within a week or so. Most successful applicants with criminal convictions seem to wait around 1 or 2 months. The US embassy website suggests you might need to wait around 3 months. As indicated above, some people wait much longer. (NB: While you're waiting, your passport will be probably be held at the US embassy. Don't book any other foreign travel during this period).
Good luck!
Chris
Unfortunately, there can be no certainty regarding the response from the US embassy. (All you can do is to ensure that you submit all of the relevant paperwork, including a copy of your police record, and cross your fingers). Even the time scale is uncertain. Some people seem to get their visa within a week or so. Most successful applicants with criminal convictions seem to wait around 1 or 2 months. The US embassy website suggests you might need to wait around 3 months. As indicated above, some people wait much longer. (NB: While you're waiting, your passport will be probably be held at the US embassy. Don't book any other foreign travel during this period).
Good luck!
Chris
Thanks Chris, I did seriously think about going with the waiver but Im such a nervous person they would have spotted me a mile off and I didn't want to risk putting my children through it if they turned me down.
As for the insurance I was in a friends car one that I had practised in many times before, he had told me that I was insured through his work. Do you think this would make a difference if explained???
As for the insurance I was in a friends car one that I had practised in many times before, he had told me that I was insured through his work. Do you think this would make a difference if explained???
Yep, agree with the above.
One thing though... I'd forget about Wikipedia if you want an absolute reference, I'd look at the US Foreign Affairs Manual, since this is what the Embassy refer to to decide on eligibility (and Moral Turpitude) http://www.state.gov/documents/organization/86 942.pdf
One thing though... I'd forget about Wikipedia if you want an absolute reference, I'd look at the US Foreign Affairs Manual, since this is what the Embassy refer to to decide on eligibility (and Moral Turpitude) http://www.state.gov/documents/organization/86 942.pdf
Thanks for the reply, Posh.
While the US embassy doesn't publish a list of offences which would bar someone from obtaining a visa, any large organisation where several different people have to consider thousands of applications is likely to have internal documents which they use for reference. So their so-called 'discretionary' decision might actually come down to looking up your offences and applying the official guidelines. If that's the case, trying to explain the situation might not help.
However, there's no harm in trying to explain the circumstances, as long as you choose your words carefully! Let me try to explain:
Example 1:
You say this: "My friend offered to give me a driving lesson and I believed him "
The interviewer might hear this: "I made a genuine mistake through being given incorrect information about the insurance cover"
Example 2:
You say this: "I'd practised in my friends car many times before"
The interviewer will hear: "I admit that it wasn't the first time I'd broken the law. I'd done it lots of times before!".
Spot the difference? ;-)
Chris
While the US embassy doesn't publish a list of offences which would bar someone from obtaining a visa, any large organisation where several different people have to consider thousands of applications is likely to have internal documents which they use for reference. So their so-called 'discretionary' decision might actually come down to looking up your offences and applying the official guidelines. If that's the case, trying to explain the situation might not help.
However, there's no harm in trying to explain the circumstances, as long as you choose your words carefully! Let me try to explain:
Example 1:
You say this: "My friend offered to give me a driving lesson and I believed him "
The interviewer might hear this: "I made a genuine mistake through being given incorrect information about the insurance cover"
Example 2:
You say this: "I'd practised in my friends car many times before"
The interviewer will hear: "I admit that it wasn't the first time I'd broken the law. I'd done it lots of times before!".
Spot the difference? ;-)
Chris
In general, the US will take the view that it's the offence that counts, not any explanation of the reasons behind it. So if they do regard driving without insurance as fraud (and I've no idea if they do or not) then you could be out of luck.
There's also another factor - whilst drink driving is not moral turpitude, the US is rumoured to give visa applicants that they regard as having a drink problem a hard time. This perhaps applies more to immigrant visas than tourist ones but you can't totally ignore it. They may look for evidence that you no longer have a drink problem.
Sorry, the above doesn't seem too hopeful/helpful.
There's also another factor - whilst drink driving is not moral turpitude, the US is rumoured to give visa applicants that they regard as having a drink problem a hard time. This perhaps applies more to immigrant visas than tourist ones but you can't totally ignore it. They may look for evidence that you no longer have a drink problem.
Sorry, the above doesn't seem too hopeful/helpful.
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