Thanks Marco ...... This link is a good source of information and digging around there is what looks like a definitive answer ....... this concerns the visa waiver program .....
http://www.usvisalawyers.co.uk/article6.htm
"3. Personal History
Even if your passport and planned activities in the US qualify for the VWP, you will be ineligible to use the program if any of the following is true:
1. You ever violated the terms of the VWP, such as overstaying on a previous entry;
2. You were ever removed or deported from the US;
3. You are inadmissible to the United States for any of a variety of reasons, including but not limited to
1. You have a communicable disease of public health significance (e.g., HIV/AIDS); or
2. You have been convicted of a crime involving moral turpitude or a controlled substance violation (there are exceptions).
If any of these statements is true you must obtain a visa before traveling to the United States. Also, ‘yes’ answers to any of the questions on the reverse of the I-94W will lead to increased questioning at the port of entry, although they may not of themselves disqualify you from using the VWP. T
he U.S. Embassy, London advises on its web site that anyone who has ever been arrested must apply for a visa. On this topic you may wish to check the Embassy’s Visa Waiver Wizard.
Finally, remember: If you cannot use the VWP, all is not lost. B1/B2 visitor visas for UK citizens can be valid for multiple entries and for up to 10 years. Even if an immigration or criminal law violation makes you ineligible for a visa, waivers of ineligibility are often available. In such cases, too complex to be treated in this brief article, the legal advice of a qualified US immigration lawyer should be sought. For information on ineligibilities and waivers of ineligibilities, see our article "
and then the further article quotes the Immigration & Nationalities Act #212 for ineligibility for a visa application
http://www.usvisalawyers.co.uk/article7.htm
" 2. Criminal and Related Grounds:
Excludable on criminal and related grounds are the following:
1. Aliens convicted of, and those who admit having committed either
1. A crime involving moral turpitude (or an attempt or conspiracy to commit such a crime), or
2. A violation of (or a conspiracy or attempt to violate) any law or regulation relating to a controlled substance.
Exceptions: an alien will not be ineligible for a visa if the alien committed only one crime involving moral turpitude and if
1. the crime was committed when the alien was under the age of 18 and the crime was committed (and the alien was released from any confinement imposed for the crime) more than 5 years before the date of application for a visa or admission to the U.S., or
2. the maximum penalty possible for the crime did not exceed imprisonment for 1 year, and if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months.
2. Aliens convicted of two or more offences who are sentenced to confinement of 5 years or more;
3. Controlled substance traffickers;
4. Prostitutes and procurers of prostitutes, and aliens coming to engage in any other unlawful commercialised vice;
5. Aliens engaged in trafficking in persons; and
6. Aliens engaged in money laundering.
"
So it looks like both me and onedah could say NO on the I94 and not apply for a visa at this time but we are a) running the risk of being refused and b) probably jeopardising any future visa application
