Verada

    > Hello, just an inquiry regarding entering under visa waiver and crimi-
    > nal
    > records. I have a drink driving conviction from 1989. I'm getting mix-
    > ed
    > answers to my inquiries? US consular person suggested it shouldn't be
    > a
    > problem, but no guarantee, others have said it would be!
    > Has anyone else experienced problems entering with such a relatively
    > minor offence from a long time ago? Should I tick yes on the I-94w to
    > the
    > criminal record question? If no, do officials at point of entry have
    > access
    > to such information? Am leaning towards ticking yes and taking my cha-
    > nces,
    > but I should have investigated earlier, then I could have applied for
    > visitors visa. But now its too late as I'am leaving in a weeks time.
    > Any advice helpful. Thanks......Bren

I was wondering how you got on in the USA? What was the outcome
of all this?

QUOTE=Brendan O'Callaghan]Hello, just an inquiry regarding entering und-
er visa waiver and criminal
records. I have a drink driving conviction from 1989. I'm getting mixed
answers to my inquiries? US consular person suggested it shouldn't be a
problem, but no guarantee, others have said it would be!
Has anyone else experienced problems entering with such a relatively
minor offence from a long time ago? Should I tick yes on the I-94w to
the
criminal record question? If no, do officials at point of entry have
access
to such information? Am leaning towards ticking yes and taking my chanc-
es,
but I should have investigated earlier, then I could have applied for
visitors visa. But now its too late as I'am leaving in a weeks time.
Any advice helpful. Thanks......Bren[/quote]

Crg14624

    > The reason that you have received inconsistent information is because
    > there does not appear to be any uniform agreement on whether or not
    > drunk driving is a crime involving moral turpitude.
    > However, you cannot enter with the visa waiver if you select "yes"
    > on any of the items. If you intend to enter the United States on a
    > visa waiver, then you must select "no" on all of the questions on
    > the I94W form.
    > If your question is, what are the chances of the people at the POE fi-
    > nding out about your drink driving charge if you haven't declared it:
    > the answer is they will not know unless you tell them. But that does
    > not mean you should do it. That's for you to figure out yourself.

That's just not true. If you answer yes, and the offense qualifies for
any of the exceptions to the ground of inadmissibility, then you can st-
ill enter using the visa waiver.

For example:
At 15 you were convicted in youth court of grand larceny(CIMT): admissi-
ble under the visa waiver program.

At 26 you were convicted of one count of petty theft for shoplifting (C-
IMT) for which you received no time, and a $100 fine: admissible under
the visa waiver program.

If you were denied an H1B visa because you didn't qualify and there was
no fraud you could still use the visa waiver for tourist purposes if you
can prove that is your intent.