Visa question for form DS 156
Mar 16th 2009, 8:00 pm
#1
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Joined: Mar 2009
Posts: 6
Visa question for form DS 156
Hi,my husband has an interview in Belfast in a couple of weeks for a visitors visa.
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
Mar 16th 2009, 8:05 pm
#2
Joined: Apr 2002
Posts: 35,082
Re: Visa question for form DS 156
Hi,my husband has an interview in Belfast in a couple of weeks for a visitors visa.
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
You might want to consult a US immigration attorney who has knowledge of the laws where your DH was charged.
The Embassy definition is extremely broad and they default to the most conservative answer, even if it is not correct. Stop asking them advice & expecting it to be correct.
(it's really not their job, I know it doesn't seem like that should be true).Please stay tuned; your question is likely to turn a little complicated, but hang in there.
oh, and have a read of this thread: Crimes Involving Moral Turpitude, a broad overview
Mar 16th 2009, 8:13 pm
#3
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Visa question for form DS 156
Hi,my husband has an interview in Belfast in a couple of weeks for a visitors visa.
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
Mar 16th 2009, 8:22 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: Visa question for form DS 156
Sorry for the confusion on this; I thought that it was not so cut/dried.
Mar 16th 2009, 8:33 pm
#5
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Thread Starter
Joined: Mar 2009
Posts: 6
Re: Visa question for form DS 156
He is going for the interview,the question is does he tick yes or no on the
DS 156 form.
Does a DUI count as a crime of moral turpitude if nobody was injured & no propery was damaged.
DS 156 form.
Does a DUI count as a crime of moral turpitude if nobody was injured & no propery was damaged.
Mar 16th 2009, 9:11 pm
#6
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Visa question for form DS 156
Hi,my husband has an interview in Belfast in a couple of weeks for a visitors visa.
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
He had a drink driving charge 14 years ago & of course when we rang up the Embassy said he had to apply for a visa.So we are going through filling all the forms in ect.
On the DS 156 form do we answer yes to the question have you commited an offence of moral turpitude,or do we put no.
It is his only offence & his police record has come back as no trace.
Is Drink driving counted as moral turpitude? Have rang the embassy but they were of no help & said it was up to us whether we put yes or no??!! Does it make a difference at the interview what he has put.
It is all very confusing but we are trying to do the right thing.
thanks
As a general rule, DUI is not a crime involving moral turpitude. However, that is not the end of the inquiry -- a DUI conviction is an indicia of the medical ground of inadmissability based upon substance abuse. However, from what I understand, one from 15 years ago should be OK -- if they request a medical exam -- post here for a discussion. "Maybe a couple of pints a day" is an answer that can cause problems.
Mar 16th 2009, 9:16 pm
#7
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Joined: Mar 2009
Posts: 6
Re: Visa question for form DS 156
Hi,thanks for your replies.
He drives for a living now so does not drink anymore,he was only just over the limit having been out the night before & then driving the next day.
Im hoping he will not have to go for a medical because it is more than 10 years & he has no other charges.
So do we answer no on the form.
He drives for a living now so does not drink anymore,he was only just over the limit having been out the night before & then driving the next day.
Im hoping he will not have to go for a medical because it is more than 10 years & he has no other charges.
So do we answer no on the form.
Mar 16th 2009, 9:31 pm
#8
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Visa question for form DS 156
I err on the side of caution when people with an arrest want to use the VWP. You only have a few safeguards when using a visa, and almost none with the VWP.
The status of DUI as not being a CIMT has been considered cut and dry for a while. DUI as an aggravated felony has been bounced back and forth like a ping pong ball for years. Incidentally, many aggravated felonies don't make someone inadmissible, just removable.
Mar 16th 2009, 9:45 pm
#9
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Joined: Mar 2009
Posts: 6
Re: Visa question for form DS 156
Hi,there was no desire to get a visa.It is costing alot of money & time.
When we rang the US embassy & asked if he could use the visa waiver they said no he had to apply for a visa because of the charge.They said anyone who has EVER been arrested or charged with anything have to get a visa.I just wish I had done more research first before we gave his name.But that is the law & we are trying to abide by it.
I now know we should have just gone ahead & used the visa waiver but its too late now the wheels are in motion & he has to go through with the interview.
Apparently lots of people with this sort of charge just fill in the visa waiver & get through,my husband probably would have had no problem as there is no trace on his police record.
But what can we do but go ahead with the interview & hope that his honesty & the fact that we only want to go for a 2 week holiday,sense will prevail & they will give him a visa.
When we rang the US embassy & asked if he could use the visa waiver they said no he had to apply for a visa because of the charge.They said anyone who has EVER been arrested or charged with anything have to get a visa.I just wish I had done more research first before we gave his name.But that is the law & we are trying to abide by it.
I now know we should have just gone ahead & used the visa waiver but its too late now the wheels are in motion & he has to go through with the interview.
Apparently lots of people with this sort of charge just fill in the visa waiver & get through,my husband probably would have had no problem as there is no trace on his police record.
But what can we do but go ahead with the interview & hope that his honesty & the fact that we only want to go for a 2 week holiday,sense will prevail & they will give him a visa.
Mar 16th 2009, 10:14 pm
#10
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Posts: 484
Re: Visa question for form DS 156
I believe that you'll be fine - more than 1 DUI would be a problem; or one within the past 5 years. They are getting strict in London by all accounts on more advanced medical testing (liver function + interview). If your husband isn't drinking, then he'll be fine and may not be referred for a further test or tests.
In my view, you're doing the absolute correct thing in declaring this.
In my view, you're doing the absolute correct thing in declaring this.
