Entry to the US?

Question

I'm a 51 law abiding Australian who has a recent record for drink driving (an aberration after 37 years). Will this bar entry to the US?

Answer 1

I wasn't aware that drinking and driving was a criminal charge in the US. Perhaps posting the question "is DUI a crime according to US law?" would be a better idea. I'm Canadian, and DUI is a crime here, although I've heard that a Canadian conviction for DUI will not make a Canadian ineligible to enter the US. As far as participation in the US VISA program, I don't know. You may want to check out the Immigration and Nationalization Act, specifically section 212. The US also has something called the Foreign Affairs Manual Volume 9 that tells Immigration Officials how to do their job.

Try looking at 40.21... other than that, try digging through them like I did to find the info that you need. Be warned though, these are "procedural guidance" documents, not laws.
Good luck.

Answer 2

Unfortunately since you have a criminal record i.e since you have been arrested and/or convicted of an offense then you are no longer eligible to travel under the visa waiver program.

You must apply for a B-2 visitor visa, to obtain one of these you need to fill out the required application forms and provide the necessary documentation as outlined under 'part two' on the following website

http://usembassy-australia.state.gov/consular/niv.html

You must also schedule an interview at the embassy, how to do this is outlined on the website above - there is no guarantee that you will be granted the visa but you will be told after your interview weather or not your application as been successful or not.

Answer 3

Probably. It will definately disqualify you from travelling under the Visa Waiver Program. Contact the US Embassy for more information about a tourist Visa.
http://canberra.usembassy.gov/consular/nivfaq.html

http://canberra.usembassy.gov/consular/criminalRecords.html

Good luck! I hope it works out and you can come visit!!

Answer 4

All you can do is apply and find out. It CAN, but that doesn't mean it WILL.

What kind of record?

I know you make us get visas going there, but I thought you were visa waiver coming here... does this rise to something that would take you out of that category?