Hi,
As a college student in New York I was once arrested and convicted of DWAI (Driving While Ability Impaired) after blowing .07 on a breathalizer. I plead guilty as it was a traffic infraction with no criminal record and the matter has been closed. I am an Australian citizen and now permanently reside back in Australia however I am interested in visiting friends over thanksgiving for a few weeks. I am aware that there is a Visa Waiver Program allowing up to 90 days stay without VISA. This is conditional on not having a criminal record. I have never had any contact with the law apart from this one occasion and as it is considered a NY traffic violation I am reasonably confident I do not have a criminal record. However, the choice remains to apply for a VISA, which is an expensive process, and disclose information which may or may not be available or of interest to Immigration, or just fly over. I want to be upfront about my incident and comply with all laws however I do not want to give them information they don't want/need if it is going to make my life more difficult. I believe the relevant question on the I94-W form reads as such:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
Looking for any advice?
As a college student in New York I was once arrested and convicted of DWAI (Driving While Ability Impaired) after blowing .07 on a breathalizer. I plead guilty as it was a traffic infraction with no criminal record and the matter has been closed. I am an Australian citizen and now permanently reside back in Australia however I am interested in visiting friends over thanksgiving for a few weeks. I am aware that there is a Visa Waiver Program allowing up to 90 days stay without VISA. This is conditional on not having a criminal record. I have never had any contact with the law apart from this one occasion and as it is considered a NY traffic violation I am reasonably confident I do not have a criminal record. However, the choice remains to apply for a VISA, which is an expensive process, and disclose information which may or may not be available or of interest to Immigration, or just fly over. I want to be upfront about my incident and comply with all laws however I do not want to give them information they don't want/need if it is going to make my life more difficult. I believe the relevant question on the I94-W form reads as such:
"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"
Looking for any advice?
