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-   -   Travelling to the USA with a suspended sentance (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/travelling-usa-suspended-sentance-854675/)

moleymole_69 Mar 17th 2015 5:46 am

Travelling to the USA with a suspended sentance
 
Hi, hopefully someone can give me some advice on this. I'm hoping to fly to america soon to visit family & friends for a couple of weeks but I have recently received a 12 month suspended sentenced for drink driving but I already have a visa! would this show up at the airport or anything stopping me from going?

Noorah101 Mar 17th 2015 3:26 pm

Re: Travelling to the USA with a suspended sentance
 
Just to be clear, you already have a valid B-2 visa? Why?

Rene

hungryhorace Mar 17th 2015 5:16 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by moleymole_69 (Post 11594231)
Hi, hopefully someone can give me some advice on this. I'm hoping to fly to america soon to visit family & friends for a couple of weeks but I have recently received a 12 month suspended sentenced for drink driving but I already have a visa! would this show up at the airport or anything stopping me from going?

As you already have a visa, you are fine to present yourself for inspection at the POE.

GeoffM Mar 17th 2015 5:49 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by hungryhorace (Post 11594666)
As you already have a visa, you are fine to present yourself for inspection at the POE.

I'm unclear as to whether the visa was issued before the recent suspended sentence or after.

hungryhorace Mar 17th 2015 5:59 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by GeoffM (Post 11594684)
I'm unclear as to whether the visa was issued before the recent suspended sentence or after.

What difference does it make?

Genuine question; there's nothing that says 'if your criminal history changes you must re-apply for a visa' that I am aware of.

civilservant Mar 17th 2015 7:26 pm

Re: Travelling to the USA with a suspended sentance
 
One doubts he actually has a visa.

Unless of course this brush with the law wasn't the first...

sir_eccles Mar 17th 2015 7:43 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by civilservant (Post 11594764)
One doubts he actually has a visa.

Unless of course this brush with the law wasn't the first...

Presumably you are translating "I already have a visa" as something like "I have an approved ESTA"? Which isn't beyond the bounds of possibility.

To the OP, if this is the case and any of your answers to the ESTA questions have changed you must re-apply for a new ESTA.

civilservant Mar 17th 2015 7:43 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by sir_eccles (Post 11594785)
Presumably you are translating "I already have a visa" as something like "I have an approved ESTA"? Which isn't beyond the bounds of possibility.

Indeed

lansbury Mar 17th 2015 9:00 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by civilservant (Post 11594764)
One doubts he actually has a visa.

Unless of course this brush with the law wasn't the first...

To get a suspended for a DUI I would give odds it wasn't his first DUI. I assume by suspended sentence he meant suspended prison sentence, not suspended from driving.

johnnybrown532 Mar 17th 2015 11:25 pm

Re: Travelling to the USA with a suspended sentance
 
What are the terms of the suspended sentence are you required to report to the police or probation service. They would likely not take too kindly to you going overseas. I am not sure but it might be a violation of the suspended sentence to leave the country. Are you on a tag?

Perhaps you should ask your solicitor.

johnnybrown532 Mar 17th 2015 11:27 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by lansbury (Post 11594856)
To get a suspended for a DUI I would give odds it wasn't his first DUI. I assume by suspended sentence he meant suspended prison sentence, not suspended from driving.

That would depend upon how many times over the legal limit he was. If he was 4 or 5 times over which is possible he might get a suspended sentence. The more over the limit you are the higher the punishment.

BunnyGirl Mar 17th 2015 11:31 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by johnnybrown532 (Post 11594962)
That would depend upon how many times over the legal limit he was. If he was 4 or 5 times over which is possible he might get a suspended sentence. The more over the limit you are the higher the punishment.

Sorry, just :rofl: at you giving lansbury criminal justice advice!

sir_eccles Mar 17th 2015 11:32 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by BunnyGirl (Post 11594967)
Sorry, just :rofl: at you giving lansbury criminal justice advice!

Maybe our Johnny has some personal experience.

johnnybrown532 Mar 17th 2015 11:40 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by sir_eccles (Post 11594970)
Maybe our Johnny has some personal experience.

No I don't actually but 5 guys in there 60s got done at my local snooker club all at once a couple of christmases back. Someone grassed them up and they sent in an undercover copper and blocked the track to the club off with 2 cop cars after all 5 drove away one after the other and all 5 tested positive. :ohmy:

username.exe Mar 17th 2015 11:41 pm

Re: Travelling to the USA with a suspended sentance
 

Originally Posted by sir_eccles (Post 11594970)
Maybe our Johnny has some personal experience.

:popcorn:


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