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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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MY SON AND MY HUSBAND AND GRANDAUGHTER ARE GOING TO FLORIDA

Customer Question

MY SON AND MY HUSBAND AND GRANDAUGHTER ARE GOING TO FLORIDA 23RD SEPTEMBER WHEN APPLYING FOR HIS EST VISA HE TICKED THE BOX ABOUT BEING CONVICTED OF A DRIVING OFFENCE (HE WAS SLIGHT OVER THE LIMIT GOT A FINE A DIQALIFACTION ON DRIVING WHICH IS UP IN JANUARY. THEY HAVE REFUSED HIS EST AND NOW HAS TO GET A PROPER VISA BUT THEY SAY IT MIGHT TAKE MORE THAT 4-6 WEEKS. WOULD WE BE BETTER MAKING AN APPINTMENT AT THE LONDON EMBASSY TO TRY AND GET VISA QUICKER OR CAN YOU GIVE US SOME ADVICE ON THIS.
THNK YOU
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

AlexWatts2013 :

Which box did he tick - was it the one which said have you ever been convicted of an offence involving moral turpitude please?

JACUSTOMER-bnkpotyj- :

yesthat was the box that was ticked that was the advice that was giving from ebassy and esta but when she went on website is said you dont have to declare but she had already delared it.

AlexWatts2013 :

So the offence was drink driving only, is that right?

JACUSTOMER-bnkpotyj- :

yeh that is right

AlexWatts2013 :

Well I can say that this is NOT an offence of moral turpitude, that means he did not need to tick YES he could have ticked NO.

AlexWatts2013 :

These offences are things like murder, rape, kidnapping, fraud, etc, the most serious ones.

AlexWatts2013 :

This is from the US Border and Customs website:

AlexWatts2013 :

3. You answered a question about your eligibility to travel to the U.S. under the visa waiver program incorrectly and were denied authorization as a result.

If you misunderstood the question, or thought something in your background was a reason to be denied and found out later that it was not, we advise you to contact us so we can review your answer. You should send us an email (see instruction below) explaining why you selected "yes" to that question, and asking for clarification on next steps.

AlexWatts2013 :

You will see towards the top of the page on the right hand side there is a blue button that says Email us your question

AlexWatts2013 :

It then takes you to a page where a drop down box you should put 'Esta/Visa Waiver Program' and then email address and subject.

AlexWatts2013 :

You should put ESTA reference and family name with DOB, say that the offence is driving with excess alcohol or DUI in the USA and that you wrongly put this was an offence of moral turpitude.

AlexWatts2013 :

The US Customs and Border Protection will then review the matter and tell you whether it can be changed or not. If it can then he should be eligible and this means no worry about getting a visa etc.

AlexWatts2013 :

This is the quickest way because excess alcohol is not an offence of moral turptide.

AlexWatts2013 :

You can confirm this by seeing a list of matters covered: http://www.state.gov/documents/organization/86942.pdf

AlexWatts2013 :

. Crimes committed against governmental authority, which would not
constitute moral turpitude for visa-issuance purposes, are, in general,
violation of laws which are regulatory in character and which do not

AlexWatts2013 :

involve the element of fraud or other evil intent. The following list
assumes that the statutes involved do not require the showing of an
intent to defraud, or evil intent:

AlexWatts2013 :

(6) Drunk or reckless driving;

AlexWatts2013 :

Therefore you can see he answered wrong.

AlexWatts2013 :

Can I clarify anything for you?

JACUSTOMER-bnkpotyj- :

Thank you for that information my daughter in law will be here to reply to you answer in the next half an hour.

AlexWatts2013 :

If this fully answers your question, please take a moment before you leave and rate my service, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

JACUSTOMER-bnkpotyj- :

hi, i have followed these insturctions previously and was told to reapply which i have done today and the ESTA was still declined? could this be due to the fact that i am in the process of applying for a visa. the reason i have started to applied for a visa was because the first ESTA wasdeclined and that was before i knew i did not have declare drink driving also the embassy stated that all convictions must be declared including drink driving?

AlexWatts2013 :

Did you email using the link I gave you?

AlexWatts2013 :

Only convictions involving moral turpitude ever need to be declared

AlexWatts2013 :

Did you pick ' I have been denied an ESTA'?

AlexWatts2013 :

If its a general mistake then you do just reapply. If its involving convictions they need to manually look and correct it

AlexWatts2013 :

How did you get on please?

Expert:  Ash replied 3 years ago.
Is there anything else I can do to help you please?