USA DUI arrest/conviction for UK citizen-visa required?

[phatmendus]

Hi everyone,

Here is a tricky one, and I would appreciate any advice given. Currently I am in the US and managed to get arrested for a DUI. regrdless of all the expense and misery this is causing I have one very important question.

I am coming back to the US on holiday in 4 months, and according to the US embassy website anyone with a conviction or arrest must apply for a visa, however on the 'green card' you fill out for the visa waiver scheme I am able to tick 'no' to all the questions which would prevent you from using this, as i have not been arrested or charged with a crime of 'moral turpitude' (DUI is not a crime of moral turpitude)

My question is what do i do?

I could risk getting through on the waiver form and, i might add, without lying as my crime is not one of moral turpitude, however due to my arrest in the USA, they have my finger prints, which I am thinking would pull up my arrest when i get my prints done on entry to the US, therefore risking being sent back.

or....

I could apply for a visa to cover myself, but due to the nature of the embassy I may risk being refused, which would be a nightmare, and with that having my passport and record marked perminently.

This is a tricky one legally and of course from a personal judgement point of view... does anyone have any advise as I cant believe I am the only UK citizen to get arrested for a DUI in the world.

many thanks for any views

Simon

[Marco 72]

This question has been discussed in the past on alt.visa.us (a discussion group which you can access either here or here). I would advise you to ask there, as there seem to be some immigration lawyers who post regularly. The "visa wizard" on the US Embassy website does indeed seem to be stricter than the visa waiver form. My personal guess is that the visa wizard is wrong, and they are just trying to err on the side of caution. But you'd better ask on alt.visa.us.

One possibility if you are worried about being denied entry might be to fly from Dublin. As far as I know Shannon and Dublin are the only airports in Europe where you can go through US immigration before your flight.

[phatmendus]

Thnaks very much for your information. I shall look at that other site.

Simon