Movedmaster

Hi all,

Got an important question about declaring a Speeding conviction. It's a conviction because it went through the courts. Got a driving ban and a fine.
Basically went quite fast on a motorway at night with light traffic and was caught by a camera but there was no harm to anyone or accident. Was not arrested.

Firstly, do I have to declare this on ESTA? The ESTA question asks about serious damage and harm, so I guess I can answer "No"?

My worry is, for any future US visas like F1/H1B, they ask about any conviction so I would have to declare it.
Would this be an issue as it could show dishonesty/fraud/lying? The ESTA only asks about serious crimes which Speeding isn't. (Don't even think it's a CIMT). And I've been honest on the ESTA and will be honest on the DS160 form.

Anyone else been on the same boat where you've travelled under an ESTA and then had to apply for a immigrant/non-immigrant visa later on while having a conviction? Thanks

LT1

See here: https://uk.usembassy.gov/visas/visa-...-requirements/

"minor traffic offense which did not result in an arrest and/or conviction you may travel visa free under the Visa Waiver Program"

As yours resulted in a conviction, it would appear you are ineligible for visa waiver / ESTA and must apply for a visa to enter the US.

destone

Out of curiosity, what speed did you go with and what was the limit?

Pulaski

As this relates to a driving offence and assessed penalty, I wouldn't be so quick to assume that it counts as "a conviction". A penalty of a fine and driving ban are penalties commonly given for traffic offences when there was no damage to property or injury to a person. While the word "conviction" may have been used, that doesn't necessarily mean that it's a conviction for the purposes of US ESTAs and visa applications.

I may be wrong, but I don't think that your penalty meets the definition of being "a conviction". Therefore I would recommend talking to a lawyer experienced in US immigration matters before tying a noose for yourself.

Movedmaster

Was doing just above 100mph on a 70mph limit motorway

Movedmaster

I understand, but the info on the embassy website which you quoted conflicts with what the ESTA asks and CBP information as well as other people's experiences. I even asked someone at CBP and they said you do not need to declare the speeding offense. But I'm not sure if he knows what he's talking about.

On the CBP website, it says ''The US does not deny entry to people with one DUI''. On other forums, have seen many people travel with one dui/reckless driving and have not had issues. Mine is just a speeding conviction.

The ESTA asks about serious harm or damage, and my offence did not result in that. However, I'm confused because it is a conviction.

I don't have a huge issue with getting a visa, but am wondering if it's really worth going through the hassle when I can just get an ESTA based on being honest?

civilservant

When you say 'went through the courts' did you have to attend court and enter a plea?

Movedmaster

When the speed exceeds 95mph on a motorway, a judge decides the punishment instead of a standard ticket by the police. It's called a Single Justice Procedure.

I pleaded guilty through a letter in the post, however, I did not have to attend court as it's a minor offence (just Speeding only, not reckless driving).
They can give you a driving ban through the post which happened in my case. But you can respond by choosing to go to court to reduce the punishment i.e. the length of the ban, which is what I did.

civilservant

Since you overtly pled guilty to the offence, it weighs more towards an actual conviction to me.

I agree that a one time consultation with an immigration attorney might be in order. The devil is in the detail.

Danzy

firstly, the question on ESTA is " Have you ever been arrested or convicted for a crime that resulted in serious damage to property,
or serious harm to another person or government authority?" - which in your case is NO

finally, if you look at "Crimes Without Moral Turpitude:" in the link -> fam.state.gov/fam/09FAM/09FAM030203
It states "Drunk or reckless driving" is under crime WITHOUT moral turpitude, assuming your's is under reckless driving.

So i do not think you need to worry, however I am not an attorney in this matter.