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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108704
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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DR10 and US Visitors Visa. Should I disclose by Dink Driving

Resolved Question:

DR10 and US Visitors Visa. Should I disclose by Dink Driving Conviction at Airport or Not.

I had a minor shop lifting conviction in USA in 1990 and one in UK in 1994.
Following that I was issued one year US visa B1/B2 on May 2010 with waivers 212(SMALL D)(A) Waiver of 212(A)(2)(A)(1). on my British passport.

Later on in November 2012, I was issued a ten year visa with no waivers or annotations. It states Clearance Received October 2012.

On Feb 2014 I had a DR10. I usually never drink and had no alcohol related offence. I booked a ticket and plan to fly in 2 weeks time to New York. When ever I fly to US I am always taken to secondary immigration check where by I have to wait for about an hour before I am let to go.

I understand DR10 is not a crime of moral turpitude and ideally I should have taken a visa from London. But I really cannot wait the interview process at the embassy as I am attending a wedding. I have family members in US and I will always want to travel there.
The question is should I disclose by Dink Driving conviction at Airport or not. If I do, should I take with me the papers? During the secondary interview process can they access my DR10 conviction report?
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.

 

 

You only have one alcohol related offense, nothing else in relation to alcohol? And there were no injuries or damage to property, etc.?

Customer: replied 3 years ago.

Yes, this the only one alcohol related offence. No accident or damage to property. 51 microgrammes of alcohol in 100 milliliters of breath. 1 year driving ban. £665 fine and £65 cost paid.


I signed up and doing Drink Drive Education course and that will reduce the ban by 3 months.


Any more questions?

Expert:  Guillermo Senmartin replied 3 years ago.

Since the visa has already been issued, there is no affirmative need to disclose. But if it comes up, you cannot deny because that would make it worse. What you should do to have the easiest time to pass through the Port of Entry would be to carry with you certified copies of the police report and the court disposition to prove how the case was closed. This way you can easily show that you are not inadmissible to the U.S. and should be able to enter with the least amount of delay.

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Customer: replied 3 years ago.

Thanks, XXXXX XXXXX also said same.


 


They always ask if I have any new criminal record or if I was arrested again of any thing else. Should I say yes?


 


If I show all the court and police document will they keep a record of it? What could be the consequences?

Expert:  Guillermo Senmartin replied 3 years ago.
If that is the case, yes. You cannot lie. You may want to take the chance that they do not know, but they do have access. So do not take that chance. Something will come up, but that crime does not make you inadmissible. So with the certified documents, you should be ok. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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