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Travelling to the USA with a suspended sentance

Travelling to the USA with a suspended sentance

Old Mar 17th 2015, 6:46 am
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Default 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?
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Old Mar 17th 2015, 4:26 pm
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Default Re: Travelling to the USA with a suspended sentance

Just to be clear, you already have a valid B-2 visa? Why?

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Old Mar 17th 2015, 6:16 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by moleymole_69 View Post
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.
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Old Mar 17th 2015, 6:49 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by hungryhorace View Post
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.
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Old Mar 17th 2015, 6:59 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by GeoffM View Post
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.
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Old Mar 17th 2015, 8:26 pm
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Default 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...
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Old Mar 17th 2015, 8:43 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by civilservant View Post
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.
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Old Mar 17th 2015, 8:43 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by sir_eccles View Post
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
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Old Mar 17th 2015, 10:00 pm
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by civilservant View Post
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.

Last edited by lansbury; Mar 17th 2015 at 10:03 pm.
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Old Mar 18th 2015, 12:25 am
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Default 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.

Last edited by johnnybrown532; Mar 18th 2015 at 12:27 am.
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Old Mar 18th 2015, 12:27 am
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by lansbury View Post
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.
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Old Mar 18th 2015, 12:31 am
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by johnnybrown532 View Post
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 at you giving lansbury criminal justice advice!
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Old Mar 18th 2015, 12:32 am
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by BunnyGirl View Post
Sorry, just at you giving lansbury criminal justice advice!
Maybe our Johnny has some personal experience.
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Old Mar 18th 2015, 12:40 am
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by sir_eccles View Post
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.
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Old Mar 18th 2015, 12:41 am
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Default Re: Travelling to the USA with a suspended sentance

Originally Posted by sir_eccles View Post
Maybe our Johnny has some personal experience.
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