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S-Mendus 27 Feb 2007 19:27

Advise On Usa Immigration
 
right, this is the situation I have got myself in.... basically I am in the US at the mo, but not for my trip. I got arrested for a DUI the other day (in actual fact I was barely over the limit but I know thats no excuse!) I now have a problem, as I am a UK citizen so was going to enter Alaska on a visa waiver, but according to the US embassy anyone with any arrest or conviction can only enter using a visa. However this statement is contradicted on the visa waiver which states you must only divulge if you have been arrest or convicted of a crime of moral turpitue (which a DUI is not)

I dont not know whether to risk going to get a visa and telling them about my DUI, thus risking (although a small chance) of being refused a visa, and therefore getting 'marked' by the system, or do I just fly over using the visa waiver form and try to enter with that, considering I fit all criteria according to the form, as I have not committed a crime of moral turpitude, therefore I will not have lied.

Normally I would not worry, but the fact I got in trouble in the USA means they have my fingerprints, so I am assuming on entry to the US my prints will match with the prints taken when I was arrested. (in Georgia)

I know this is a tricky one, and understand it was my fault, but if anyone can help I would be grateful. I have bought a bike in Alaska and have been planning this for a long time, I have no other convictions or arrests worldwide and I cant believe one would be banned from the USA for a DUI where I have paid the fines and gone through the courts and tried to sort it out properly, but you never know..... has anyone ever had this or would have any advise on the best thing to do?

many thanks

Simon

quastdog 28 Feb 2007 02:21

If this just happened and it hasn't worked its way through to a final result (i.e. you saw the judge, plead guilty or whatever) then try to find a DUI specialist lawyer in that area. They know all the ways to try to keep you from getting jammed up, know the DA's, the judges and such. It'll cost you money, but in the long run it may be your best and cheapest option.

ekaphoto 28 Feb 2007 21:28

+1 on the lawywr.

As far as convictions, I doubt a DUI will cause you problems. Armed robbery, child molestation, murder. Those type of things they are looking for. In the US there are three types of crimes. Infraction,misdomener, and feloneys.

An infraction is something like a traffic ticket where you pay a fine and it may or may not go on your driving record.

A misdomener is where you may go to jail up to a year, but usually no permanate loss of rights such as owning a firearm etc.

A felony is considered a major crime where you go to state or federal pison.

A DUI is USUALLY a misdomener. Some exceptions are: three or more convictions or if someone is severly injured or killed in an accdent then it is a felony.

Now saying all that with all the watch list crap due to 9/11 You are better off being honest because if they catch you lying, then they may bar you from entry forever. I used to work in law enforcement and now do security for nuclear material and have a security clearance. They are usually forgiving if you are honest, but when you are caught lying, they get real nervious. If they say no, tell them you need to come back to take care of your DUI business since you are an honest person and want to pay for your mistake.

Mombassa 1 Mar 2007 06:21

Quote:

Originally Posted by ekaphoto (Post 128310)
+1 on the lawywr.

As far as convictions, I doubt a DUI will cause you problems. Armed robbery, child molestation, murder. Those type of things they are looking for. In the US there are three types of crimes. Infraction,misdomener, and feloneys.

An infraction is something like a traffic ticket where you pay a fine and it may or may not go on your driving record.

A misdomener is where you may go to jail up to a year, but usually no permanate loss of rights such as owning a firearm etc.

A felony is considered a major crime where you go to state or federal pison.

A DUI is USUALLY a misdomener. Some exceptions are: three or more convictions or if someone is severly injured or killed in an accdent then it is a felony.

Now saying all that with all the watch list crap due to 9/11 You are better off being honest because if they catch you lying, then they may bar you from entry forever. I used to work in law enforcement and now do security for nuclear material and have a security clearance. They are usually forgiving if you are honest, but when you are caught lying, they get real nervious. If they say no, tell them you need to come back to take care of your DUI business since you are an honest person and want to pay for your mistake.

A DUI will prevent you from crossing into the US when you are a Canadian. I guess it works the same way for other nationalities.

ekaphoto 1 Mar 2007 20:56

Quote:

Originally Posted by kberetta (Post 128350)
A DUI will prevent you from crossing into the US when you are a Canadian. I guess it works the same way for other nationalities.


Thanks for the info. A real jack ass law IMHO, but I do not doubt you.

Frank Warner 2 Mar 2007 04:10

Quote:

Originally Posted by kberetta (Post 128350)
A DUI will prevent you from crossing into the US when you are a Canadian.

Don't think that would be 'legal' .. there is an international agreement on letting others drive and/or use their vehicles in other countries provided they are legal at home... err rereads post ...errr ... well unless you get convicted in that country .. so I suppose they could do it that way .. but there would be some time limit?

Iskaa 4 Mar 2007 01:48

Quote:

Originally Posted by kberetta http://www.horizonsunlimited.com/hub...s/viewpost.gif
A DUI will prevent you from crossing into the US when you are a Canadian.
Don't think that would be 'legal' .. there is an international agreement on letting others drive and/or use their vehicles in other countries provided they are legal at home
Two examples I can give.. #1 I'm going down the Alaska Hway 6/7 years ago and I see a van pulled over, hood up, so I stop. Lady has fuel filter trouble. So I ask for tools. The whole back is full of chests of Snap-On tools. She see's my look, "Oh, they are my husbands, he was stopped at the Canadian border, for a DUI, and has to fly and meet me in Seattle."

#2 A fellow working for me goes to fly to Hawaii with his wife for holiday, and at US customs his Canadian DUI show up...... so its a no go for him to Hawaii.

So I guess it goes both ways here. Though in Canada you can get a DUI pardoned off your record after a certain amount of time, then your good to go.

dronning 16 Mar 2007 14:50

Fyi
 
If you are trying to pass through Canada. We have had some friends denied for a DUI from over 10 years ago.

Who Can’t Enter Canada. To begin, in Canada a DUI is a felony and therefore an excludable offense under the Immigration Act. A DUI is an indictable offense in Canada that may be punished by imprisonment for up to a 5 year term.¹

Anyone with a conviction in the United States that is treated as a felony or indictable offense in Canada is excludable from Canada, but even if the offense is not a felony or indictable offense in Canada, Customs and Immigration Officers have ultimate authority to permit and deny entry to Canada.²

Finally, there is a permit process that requires prior application and may permit an otherwise excludable person to enter Canada. Information on the permit is on the consulate general’s web-site, permits a visit of up to 30 days, and as I understand it, once it is approved, may be re-approved when application is made within a 3 year period. Permit information is at: Canadian Consulate General, Seattle. This process is discussed in the next section.


Dave


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