Urgent Visa question

Mums just told me that my dad got a driving ban 20 years ago, does that make him a criminal and does that mean he will need a visa, we fly on the 8th Nov.

please help with your advice....thanks

By the letter of the VWP information, your father has a criminal record (the VWP only requires an arrest in fact) and should therefore apply. However the practical advice maybe very different - I am not sure how easily they would pick up the criminal record. I really think you are going to have to talk to the embassy - I have to apply on behalf of my customers for US Visas (a hundred or so every 2 years or so), and the people in london really are very good.

Really sorry to hear of this last minute hiccup in the plans that I know you have been working really hard on[:#]. You must be very worried and annoyed.

Originally posted by easygoingeezer
Mums just told me that my dad got a driving ban 20 years ago, does that make him a criminal and does that mean he will need a visa, we fly on the 8th Nov.

please help with your advice....thanks

Somewhere in my strange(!) mind I believe that driving offences are 'civil' offences rather than 'criminal' offences as such, so i think that's something that doesn't need to be declared.

Doing some more reading up as I write....

David.

Originally posted by David_Doyle

Originally posted by easygoingeezer
Mums just told me that my dad got a driving ban 20 years ago, does that make him a criminal and does that mean he will need a visa, we fly on the 8th Nov.

please help with your advice....thanks

Somewhere in my strange(!) mind I believe that driving offences are 'civil' offences rather than 'criminal' offences as such, so i think that's something that doesn't need to be declared.

Doing some more reading up as I write....

David.

Yep, it's a civil offence rather than criminal. However, that's per our definition. A few web pages that I can't seem to access ( at work at mo ) seem to suggest that the US may not see the same distinction between the two.

David.

[preiffer]

Originally posted by David_Doyle
Yep, it's a civil offence rather than criminal.

Indeed. If it was for speeding/etc and no criminal charges were brought, then you're OK, and the VWP is fine.

If it was for anything else - and a criminal charge was made or a criminal conviction happened, then the VWP's off limits, and a trip to the embassy it is I'm afraid.


I'll try and find the web link....

Is there a link where I can read that, i am wetting myself here, and a little bit hacked off too with my dad

[preiffer]

Got it [y] Here: Click for link

It's section 2 you're interested in...

(It's linked to from this page which has an FAQ on the VWP conditions)

I think the first link that Preiffer put in is what makes you ineligable for a visa, rather than a condition of who should apply.

As to criminal/civil - I must admit that I had assumed it was drink or dangerous driving as speeding 20 years ago didn't lead to a ban so often. I know drink drive is criminal now, but not sure about 20 years ago. If you have a criminal record, you know about it. I really don't mean to patronise you egg - but would a really pointed question to your father not elicit if he has a criminal record or not, and if he was arrested (on the VWP rules that would be enough to make him strictly ineligable).See here http://www.usembassy.org.uk/cons_new/visa/niv/add_req.html

from what I understand he got done for drinkin n driving ( what a plonker ), he went to the usa for a few months and then came back and was fined and banned for one year.

It now transpires that after he got his fine and driving ban he returned to the USA for another month without any problem.

I think the honest answer has to be that none of us are quite sure if D&D was criminal all those years ago or how this would practically affect his entry into the US. If it was criminal or if your dad was arrested then the published rules seem to make him ineligable for the VWP. I think you need to start off by finding out if he does have an official criminal record. This link may help if you do not feel you can get the info from your dadSAO,scotland yard then with that info in hand you need to talk to the embassy. From there you should have an idea of the risks and if you can get a visa in time.

What a downer for you.

Jeremy

I don't think they are going to pick this up after 20 years,I have a mate who has 2 drink drive bans along with a few other colourful things on his sheet[:I]and he has travelled to the USA a number of times in the last 10 years on VW with no problems.

Originally posted by jaguarpig
I don't think they are going to pick this up after 20 years,I have a mate who has 2 drink drive bans along with a few other colourful things on his sheet[:I]and he has travelled to the USA a number of times in the last 10 years on VW with no problems.

As have I. You won't have a problem. VWP will be fine.

I asked Dad to sort it out, he went to a travel agent and they telephoned the embassy, apparantly its not an issue. they didn't arrest him, he was 2 points over ( so he says lol ) and he went to the magistrates to plead guilty and got the fine and ban, his full liscence was restored in 1990

Superb[y][^][y]

Time for a stiff drink for you I think. I am pleased that this little issue is resolved. Make sure you all have a really good time. Don't forget the TR[:o)]

thanks sailor I am totally washed out now, lol

never even knew about daddies murky past

[Nottingham Nick]

Wow, just read this thread through, and can only imagine the stress levels in the EGG household as it unfolded. [:I]

Glad it all appears to be resolved, have a great trip [y]

Nick

Originally posted by David_Doyle

Originally posted by easygoingeezer
Mums just told me that my dad got a driving ban 20 years ago, does that make him a criminal and does that mean he will need a visa, we fly on the 8th Nov.

please help with your advice....thanks

Somewhere in my strange(!) mind I believe that driving offences are 'civil' offences rather than 'criminal' offences as such, so i think that's something that doesn't need to be declared.

Doing some more reading up as I write....

David.

Whilst E.G.G. has settled his problem, it is probably worth pointing out that speeding offences and others of that ilk are criminal offences not civil offences. They are dealt with by Magistrates' Court, not County Court.

The difference is that they are not recordable offences and thus do not lead to a 'criminal record' as such and are therefore non-existent for VWP purposes.

thankyou for all your help guys, this was a bit of a shock for me yesterday and I have to say a little embarrasing.

I must be the black sheep of the family[:I] never done anything naughty in my life really, well I did wear white sox with black shoes once[:#]...but I was moonwalking at the time[^]

Originally posted by easygoingeezer

I must be the black sheep of the family[:I] never done anything naughty in my life really, well I did wear white sox with black shoes once[:#]...but I was moonwalking at the time[^]

Then you probably do need a visa. From the US visa elegibilty website:

(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, [:p][:o)]

Sorry, couldn't resist - probably deserve one of these[B)]