B2 Visa for girlfriend with single DUI

[Jonthndaniel724 1]

Hi all

 

Looking to get some insight on a situation I’m in regarding a B2 Visa for my Girlfriend. We both live in the UK.  I travel to the USA nearly every year as my father lives out there. I usually stay for 2 weeks at a time to visit and travel on an ESTA. 

 

I’ve recently met a girl who would like to visit my family in the US. However she has a single DUI offence from three years ago. We’ve been advised by an expert for her not to bother applying for an ESTA as she will be denied and have to go straight for an interview with the consulate, so we’re looking at the B2 Visa route. 

 

She has her interview at the US embassy in London in two weeks to see if she’ll be granted it. She has a very good job here, gets paid very well and has a family business she plans on growing in the UK. 
 

Does anyone have any experience of obtaining a B2 with a DUI? Or should we pretty much give up hope and accept she will never be able to enter the US?

 

Has anyone with a DUI ever been granted a B2?

 

She has supporting documents to back her financials and visiting dates up, and a letter from my father saying where she will be staying during the trip. We haven’t had a medical done as it wasn’t requested but now I’m starting to think that it might be a good idea. 
 

Would like to her what everyone thinks!

 

Thanks 
 

 

Edited October 18, 2019 by Jonthndaniel724

[FlashLG 152]

I find it surprising that she was advised not to apply for an ESTA because of a DUI. I have two friends in the UK who both have DUIs, and both have been able to apply for and visit the US using an ESTA.

 

Although this is from the NZ embassy, I assume it would apply to the UK too:

A special note about applicants with DRINK DRIVING convictions:According to USCBP applicants with a single DIC/DUI conviction is NOT grounds to deny entry into the U.S;  however, multiple DIC/DUI convictions or a DIC/DUI conviction in combination with other misdemeanor offenses can make a person inadmissible and require a waiver prior to entering the United States.

 

https://nz.usembassy.gov/visas/criminal-convictions/

Edited October 18, 2019 by FlashLG
added more info

[geowrian 22,335]

Always do the ESTA first IMO...it's much simpler. A denied ESTA has no bearing on a B-2 application. A denied visa does impact an ESTA application.

 

No need for a medical or letter from your father. She will be granted a visa or not based upon her own merits alone.

[USS_Voyager 1,971]

I would just apply for ESTA first. There is no harm in doing that. 

[SusieQQQ 11,584]

I would agree with the above posters, and she can apply for the esta right now. If she’s refused she can keep her B appointment.

[Jonthndaniel724 1]

10 minutes ago, SusieQQQ said:

I would agree with the above posters, and she can apply for the esta right now. If she’s refused she can keep her B appointment.

If we apply for an ESTA now and she is approved will that affect the B2 application at all? 
 

Also in two years if she re-applies for an ESTA then she has to declare that she was denied a Visa and we’re back to square one right?

 

Seem to find conflicting advice on if a DUI needs to be declared on an ESTA too.  

Edited October 18, 2019 by Jonthndaniel724

[Jonthndaniel724 1]

Also if we cancel Visa appointment now. We’ve submitted DS-160. Does that count as being denied for a Visa?

[geowrian 22,335]

4 minutes ago, Jonthndaniel724 said:

If we apply for an ESTA now and she is approved will that affect the B2 application at all? 

I'd suggest to cancel the appointment if the ESTA is approved.

 

Quote

Also in two years if she re-applies for an ESTA then she has to declare that she was denied a Visa and we’re back to square one right?

If she applies for a visa and it is denied, any existing ESTA must be updated, and it must be declared on any future ESTA application.

While not guaranteed, it would heavily imply a denied ESTA upon update or new submission, at least for a time.

 

1 minute ago, Jonthndaniel724 said:

Also if we cancel Visa appointment now. We’ve submitted DS-160. Does that count as being denied for a Visa?

No it would not.

Edited October 18, 2019 by geowrian

[Jonthndaniel724 1]

Thanks everyone.

 

Can anyone shed light on the DUI being declared on an ESTA?

 

My understanding is that it is not a an act of moral turpitude and does not need to be stated. 
 

We would be looking to travel to the US together for the foreseeable future so want to get it right.  

[SusieQQQ 11,584]

4 minutes ago, Jonthndaniel724 said:

Thanks everyone.

 

Can anyone shed light on the DUI being declared on an ESTA?

 

My understanding is that it is not a an act of moral turpitude and does not need to be stated. 
 

We would be looking to travel to the US together for the foreseeable future so want to get it right.  

The list of esta questions is here:

https://www.official-esta.com/esta-resources/what-are-the-esta-questions/

 

1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.
2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
9. Have you traveled to, or been present in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011?

 

 

Edited October 18, 2019 by SusieQQQ

[geowrian 22,335]

4 minutes ago, SusieQQQ said:

The list of esta questions is here:

https://www.official-esta.com/esta-resources/what-are-the-esta-questions/

 

1. Do you have a physical or mental disorder; or are you a drug abuser or addict; or do you currently have any of the following diseases (communicable diseases are specified pursuant to section 361(b) of the Public Health Service Act): Cholera, Diphtheria, Tuberculosis infectious, Plague, Smallpox, Yellow Fever, Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg, Crimean-Congo, Severe acute respiratory illnesses capable of transmission to other persons and likely to cause mortality.
2. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
3. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
4. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
5. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?
6. Are you currently seeking employment in the United States or were you previously employed in the United States without prior permission from the U.S. government?
7. Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?
8. Have you ever stayed in the United States longer than the admission period granted to you by the U.S. government?
9. Have you traveled to, or been present in Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria or Yemen on or after March 1, 2011?

Just note that while the website is a good reference to the questions, the website name is misleading....they are not officially affiliated with anything related to the US government or ESTA application.

[Naes 12,205]

 apply for an esta

   1) approved (done!)

   2) not approved (go for the interview- it has no affect)

 

apply only for visa

   1) approved (done)

   2) rejected (done - cause no other choice and no more esta)

 

I don’t even know why you guys didn’t try applying yet... 

[SusieQQQ 11,584]

9 hours ago, geowrian said:

Just note that while the website is a good reference to the questions, the website name is misleading....they are not officially affiliated with anything related to the US government or ESTA application.

Thanks for pointing that out, the name did fool me (and more fool me for not checking further as it was a .com domain)

[Jonthndaniel724 1]

So I just completed my ESTA and those questions were accurate.

 

As far I can see she can answer the question about being convicted of a crime truthfully as no. It did not result in serious damage to a property or person. 
 

I think if we take supporting paperwork with us when we land in the US then it should back us up. 
 

Only issue with an ESTA is that she could get turned around when she arrives in the US if they review the DUI right? Highly unlikely but I’m assuming the worst! 

[JFH 12,189]

6 hours ago, Jonthndaniel724 said:

 

Only issue with an ESTA is that she could get turned around when she arrives in the US if they review the DUI right? Highly unlikely but I’m assuming the worst! 

Any visitor can be turned around if the CBP Officer does not feel that they meet the criteria for admittance. A B-2 visa wouldn’t change that. You are still under the same scrutiny.