ESTA or VISA? Please help!!!!

Status
Not open for further replies.
M

melbonite

Newbie
Joined
Oct 26, 2013
Posts
8
Hey Guys,

Really glad to be apart of this great forum. I'm in a bit of a predicament I was hoping someone with a similar experience or knowledge could help me?

I've just been offered a fantastic job with an American Company based here in Melbourne. They have requested I travel to the US next week. It seems from reading around various forum that a drink driving offense will not be an issue for ESTA. It's really my only option given I need to go in the very near future.

Here is my issue: I have had only 1 drink driving offense in my life but when I was an idiotic teenager I was charged with careless driving (15 years ago). There seems to be conflicting information about my eligibility for ESTA. Given these crimes are not of moral turpitude as they're driving related I can use ESTA, especially the drink driving as I've found multiple examples on other forums of people traveling to the USA with 1 or 2 Drink driving offenses. I rang the embassey twice the first guy told me i'd need to apply for a Visa the second woman told me I can use the VWP (Esta). I'm so confused, will I be ok? The woman who said I'd be fine also took my passport details when she went to check with a colleague, have I somehow black listed myself?

If someone could please clarify if I'll be good to travel I'd be so grateful? The visa option will probably take weeks if not months and I just don't have the time to proceed with it.
 
melbonite said:
Hey Guys,

Really glad to be apart of this great forum. I'm in a bit of a predicament I was hoping someone with a similar experience or knowledge could help me?

I've just been offered a fantastic job with an American Company based here in Melbourne. They have requested I travel to the US next week. It seems from reading around various forum that a drink driving offense will not be an issue for ESTA. It's really my only option given I need to go in the very near future.

Here is my issue: I have had only 1 drink driving offense in my life but when I was an idiotic teenager I was charged with careless driving (15 years ago). There seems to be conflicting information about my eligibility for ESTA. Given these crimes are not of moral turpitude as they're driving related I can use ESTA, especially the drink driving as I've found multiple examples on other forums of people traveling to the USA with 1 or 2 Drink driving offenses. I rang the embassey twice the first guy told me i'd need to apply for a Visa the second woman told me I can use the VWP (Esta). I'm so confused, will I be ok? The woman who said I'd be fine also took my passport details when she went to check with a colleague, have I somehow black listed myself?

If someone could please clarify if I'll be good to travel I'd be so grateful? The visa option will probably take weeks if not months and I just don't have the time to proceed with it.
Click to expand...

Get it right, because getting put on a plane back to Oz by Customs in the US will cost a lot.

Visa will take far too long, but if you do need one, you may be best to delay travel. I have a B1/B2 visa and i almost got denied entry two trips ago because the Customs officer thought i needed a different visa type (and that was just a simple admin issue, not a question of criminal history). Good luck.
 
Thanks for the reply. According to extensive research both my issues are not crimes of moral turpitude I should be ok. Infact on various forum I cannot find one example of someone being sent home. However I have found that some people decided to take the Visa route and they were declined and had to apply for a waiver (which takes upto 8 months). I've spoke to a couple of friends who've traveled with traffic crimes without issue, I guess my main concern is that I gave my passport details to someone and now I've possibly flagged myself. The thing is the woman who took the details is the one who said I'd be ok.

I've got no choice but to do it, but i'd love to hear from someone whos actually been in the same or similar situation as me and traveled without issue.
 
Not in the same situation, sorry, but what I would do at this stage is to call back to the embassy and try to speak to the same (last) person again, but irrespective, when they tell you that an ETSA is OK, ask them why exactly. Maybe say that you know that entry to the USA is ultimately at the discretion of the immigration officer across the counter at the port of entry ( irrespective of whether you get an ESTA or Visa, which is perfectly true) and just in case that officer raises an issue, you can quote the exemption / clause / ruling which makes you OK to gain entry, according to Embassy person.

I assume you have gone on line and actually gone through the ESTA application. Don't leave the actual application till the last minute, as even with a 'clean' background (no offence meant) they are not necessarily issued on-the-spot.
 
Hi Rooflyer,

Thanks for your reply. Yes I applied for ESTA online yesterday and answered NO to the question regarding if I've ever been arrested for crimes of Moral Turpitude. Of course I researched what Moral Turpitude includes and it seems to be crimes like Rape, theft, pedophilia etc etc no mention of DUI or driving related. My Esta was approved, but of course now im panicked as it will be a terrible look if I'm to inform my employer "sorry ive been sent home". I'm not sure whats worse, taking the chance or turning down the job because i have to go through the VISA ordeal. *sigh*

One things for sure I'll be drilling into my kids to never step out of line EVER.
 
Welcome to AFF melbonite and good luck with your trip and ESTA and job!

Possibly too late to mention it now, but I hope you got the US Government ESTA site (cost USD14 last time I used it I think, may have increased a little). I say this because there are other sites around that look official but are in fact people who just collect your information and fill in the govt application themselves on your behalf. Difference is they charge you maybe $75 for the privilege. Not illegal I don't think, just not necessary. A couple of friends accidentally did this last year, fortunately I found out immediately afterwards and they were able to cancel the transaction and go through the Govt site themselves.
 
Hi Again

You may not have been to USA before, judging by your present queries, so a couple of tips. Be careful what you say when interviewed by the immigration officer at wherever you clear immigration (LAX or DFW I assume). Don't say anything that gives the impression that you are going to 'work' or 'apply for work' whilst in the USA. For instance, you probably don't want to say that you are entering for a job interview (I don't know if that's the case or not). You might just be having meetings with head office about the operation in Australia. 'Work' doesn't necessarily mean that you will be engaged in paid work while in the USA. It can also mean that you are doing something that displaces a US citizen.

But don't stress. There might be a bit of a queue at immigration. Having a paperback to read while you wait is a good way to relax while in the queue.
 
Thanks rooflyer, no this will be my first trip to USA.

Because I called the US Embassy as inquired about my VWP eligibility with my previous driving conviction, will that be flagged when my passport is scanned, causing me to be questioned further? The USEmbassy asked for my passport details before they'd answer my question.

As a side note, if I apply for a Visa with a DD charge 5 years old will my Visa be declined and I'll need to apply for a waiver?

EDIT: Just realised this is in the wrong part of the forum, apologies.
 
melbonite said:
Thanks rooflyer, no this will be my first trip to USA.

Because I called the US Embassy as inquired about my VWP eligibility with my previous driving conviction, will that be flagged when my passport is scanned, causing me to be questioned further? The USEmbassy asked for my passport details before they'd answer my question.

As a side note, if I apply for a Visa with a DD charge 5 years old will my Visa be declined and I'll need to apply for a waiver?

EDIT: Just realised this is in the wrong part of the forum, apologies.
Click to expand...

Cant know any of these things. Nothing you can do about it now.
 
The main thread has anecdotes indicating DD convictions are not considered "moral turpitude" and you should be fine in relation to that.

Can you still see your ESTA online and showing as approved?
 
Welcome to AFF melbonite!

I would not worry about drink driving or dangerous driving offences. As long as your type of offence would not result in jail time in the USA then you will be fine.

Personally I would apply for ESTA and then declare the offence when you arrive in the USA. Just have the court documents with you for when you will be interviewed.

I was actually told not to declare the offence anymoe when arriving in the USA but just to carry the court documents with me just in case I was interviewed.
 
Exclusive offer: Citi Prestige Credit Card
EXCLUSIVE OFFER - Offer expires: 20 Jan 2025

- Earn up to 200,000 bonus Velocity Points*
- Enjoy unlimited complimentary access to Priority Pass lounges worldwide
- Earn up to 3 Citi reward Points per dollar uncapped

*Terms And Conditions Apply

AFF Supporters can remove this and all advertisements

I will be getting paid by the AUS office, so I'm essentially there on 'business' which is stated when filling out ESTA is ok. If i was going to 'work' there apparently I'd need a VISA.


Also filling out the ESTA I answered 'no' to have I been convicted of any Moral Turpitude, but before I clicked 'no' I searched for my traffic offenses and they're not listed. There is multiple posts of people going there without issue with previous Drink Driving offenses so I assume I'm ok.


I'll take as much documentation as I can from US official websites on Moral Turpitude, return flights and company documents and hope for the best I guess.

I'll be around the forum another week or so before I go so if anyone has any experiences, please share! Other than that, wish me luck I guess
 
Just a quick update guys.. I notice a lot of people don't return and do this so I thought I'd let you know.


I.got.in.no.problems :)
 
Status
Not open for further replies.

Become an AFF member!

Join Australian Frequent Flyer (AFF) for free and unlock insider tips, exclusive deals, and global meetups with 65,000+ frequent flyers.

AFF members can also access our Frequent Flyer Training courses, and upgrade to Fast-track your way to expert traveller status and unlock even more exclusive discounts!

AFF forum abbreviations

Wondering about Y, J or any of the other abbreviations used on our forum?

Check out our guide to common AFF acronyms & abbreviations.

Recent Posts

Currently Active Users

Total: 213 (members: 10, guests: 203)
Back
Top