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US Visa Waiver Prog with Criminal Record

How straightforward is it to get a tourist visa for the US if you have a criminal record?

15 years ago, March 30th 2009 No: 1 Msg: #67572 Delete Edit

phil stretton
Travelling Phil

N Posts: 7

I have a DUI conviction from 2 years ago, and me and my girlfriend want to visit the states. She's eligibile for the VWP, but I don't think I am.

Has anyone had with a conviction had to apply for a visa? What's the process?

Thanks! Reply to this

15 years ago, March 30th 2009 No: 2 Msg: #67584 Delete Edit

deleted_49612
deleted_49612

D Posts: 24.6K

Hello Phil 😊

Here is a thread by another member with a criminal record. He had no problems going to the US, but that was almost a year ago. Dont know how they are now.

Criminal Record

Mel Reply to this

15 years ago, March 30th 2009 No: 3 Msg: #67646 Delete Edit

Stephanie and Andras
Stephanie

B Posts: 883

You are not automatically ineligible for a visa, that is the official position of the U.S Dept of State (helpful, I know). This document is a little old, but it was all I could find on the state government visa website.

I would suggest you double-check with the embassy or consulate - it probably won't be an issue, but you wouldn't want to get turned away at the airport. You may have to apply for a temporary visitor Visa the old fashioned way, but I doubt you'll be denied. I do know that a DUI is considered a felony charge in Canada, so U.S citizens with DUI convictions do have trouble at that border, but since so much fuss is made regarding that difference, I'm guessing it's not such a problem at customs here.

Reply to this

14 years ago, September 10th 2009 No: 4 Msg: #85865 Delete Edit

deleted_49612
deleted_49612

D Posts: 24.6K

Did you or anyone you know travel while they had a criminal record? Reply to this

13 years ago, June 9th 2010 No: 5 Msg: #112795 Delete Edit

cera86
sarah c

N Posts: 2

I know this is a rather old thread however this is an updated version of the ESTA website concluding that a single DUI is not a crime of moral terpitude and therefore you are eligable to travel under the VWP
https://help.cbp.gov/app/answers/detail/a_id/1074/kw/esta

Another common error is to answer "Yes" to the question about having been arrested or convicted for a crime involving moral turpitude (CIMT), assuming that driving under the influence of alcohol or simple assault is considered a type of that crime (it isn't.) Reply to this

13 years ago, June 9th 2010 No: 6 Msg: #112797 Delete Edit

phil stretton
Travelling Phil

N Posts: 7

Wonderful... thanks cera86... your post was very much appreciated! Reply to this

13 years ago, June 9th 2010 No: 7 Msg: #112799 Delete Edit

cera86
sarah c

N Posts: 2

Not a problem, I hope you and your girlfriend had/have a wonderful time! Reply to this

13 years ago, June 9th 2010 No: 8 Msg: #112802 Delete Edit

phil stretton
Travelling Phil

N Posts: 7

Actually we didn't get to go last year, but she is now in the process of arranging an Au Pair position via an agency, so I'll be looking to travel over to see her whilst she's away. Reply to this

13 years ago, December 13th 2010 No: 9 Msg: #124671 Delete Edit

amberjoe
amberjoe

N Posts: 1

Well according to me if you have a DUI conviction in the last three years then you have an opportunity to get a visa I will advice you to read this topic:
http://www.defendca.com/blog/can-a-dui-affect-visa-restrictions/ Reply to this