Can anyone help me. My sister is travelling to the US and had a drink driving conviction 4.5 years ago. She was approved via ESTA but was advised by her manager to do a VWP (visa wavier) so made an appointment at the US Embassy. however we go this weekend and the appointment wasnt till monday and then they wanted her to do a medical. Shall we chance it on the orginal ESTA form or not?
Can anyone help me. My sister is travelling to the US and had a drink driving conviction 4.5 years ago. She was approved via ESTA but was advised by her manager to do a VWP (visa wavier) so made an appointment at the US Embassy. however we go this weekend and the appointment wasnt till monday and then they wanted her to do a medical. Shall we chance it on the orginal ESTA form or not? As drink drink is not on the ESTA form as a crime?? However they now have her finger prints etc and driving conviction details so would that come up when she goes through the US border controls.
Reply to this Hello estelle and welcome to Travelblog!
This question is quite a frequent one, as in travelling with criminal convictions.
The Visa Waiver Program on the US Government's ESTA website, says the following:
"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?"
It then defines "moral turpitude" as such:
"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."
Thus, it comes down to two issues, firstly, is drink driving a criminal offence? If not, there should be no problems. Second, even if it is a criminal conviction, then one must look at the other criteria.
I am no expert on this issue, but believe that it should be okay. Not sure it was wise to go to the US Embassy if already approved as that could complicate things - as has been discovered. However, since she has visited the Embassy and if they have instructed her to do a medical, then the medical should be done.
If you want to read more about moral turpitude, please read this from the US Justice Department:
Grounds for Judicial Deportation Reply to this 
