ESTA Conviction and future US Visas
#1
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Joined: Mar 2023
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ESTA Conviction and future US Visas
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
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
#2
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Joined: Jun 2022
Location: Austin, TX
Posts: 129
Re: ESTA Conviction and future US Visas
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.
"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.
#3
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#4
Re: ESTA Conviction and future US Visas
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. ....
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.
#5
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#6
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Re: ESTA Conviction and future US Visas
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?
#8
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Joined: Mar 2023
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Re: ESTA Conviction and future US Visas
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.
Last edited by Movedmaster; Mar 22nd 2023 at 9:15 am.
#9
Re: ESTA Conviction and future US Visas
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.
I agree that a one time consultation with an immigration attorney might be in order. The devil is in the detail.
#10
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Joined: Jun 2015
Posts: 4
Re: ESTA Conviction and future US Visas
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
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
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.