Visitor visa - Drink Driving

[Duncan74]

Not sure where to post this, but here seems as good as anywhere. Parents are coming over in March, and Dad had a drink driving conviction in 1995. So the original plan of going by the States on NZ1 is going to be major hassle as he can't get an ESTA. So a few questions.
1) Will this be an issue for NZ Immigration and does he need to do anything in advance to get pre cleared without any grief at immigration.
2) Any issues with any of the other routes - HK or Dubai?

Thanks

Duncan

[JandM]

Is your father a British citizen?

[Duncan74]

Yep.
I know they wouldn't therefore need a visa, but you still need to fill in teh entry card as you fly in, and there it asks about convictions. I jsut want to be sure that after 2 hours of flight there isn't any grief at the passport check in Auckland

[Hagabel]

Just out of interest is there a exclusion to getting an ESTA for a history of any conviction? That seems a little crazy as I doubt he is going to drive in the States and if he did he would have a valid license?
Just curious.

Hope it all works out.

[JandM]

Yes, I thought that's what you were thinking. (Not 2 hours, though!) As a British passport holder, you have the same sort of card to fill in before Hong Kong, too. I think in his shoes I'd contact immigration for NZ and HK, just to check in case he'd do better to actually apply for visitors' visas ahead of the trip, so he can confess and explain the situation and get it done with.

[Duncan74]

hagabel - You can't get an ESTA with any form of conviction or arrest - the online form crashes out and you need to go for an interview in London at the embassy.

[broadsword08]

he'll be fine... it may be an issue if he was applying for a longer term visa and he was obligated to detail it on the forms
my advise would be to not disclose it at all... its 16/17 years ago and his duty to disclose has i believe long since passed... going through the us of course though is another matter... hks much nicer anyways!

[JandM]

his duty to disclose has i believe long since passed

Oh, DO be sure what you want to risk on this. When once you sign one of those forms on the aeroplane, it becomes a legal document, and if in some way you're found out not to have been honest, it can open a whole other can of worms.

[happydave]

You can have a drink drive conviction removed from your licence after 11 years from the date the ban/disqual has ended. Once it is removed from your licence you do not need to declare it. Hope that is of some help.

[IanW99]

hagabel - You can't get an ESTA with any form of conviction or arrest - the online form crashes out and you need to go for an interview in London at the embassy.

Which part of the ESTA is it? Is it this....

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

In which case DUI doesn't normally come under the terms of CIMT (crime involving moral turpitude), so you should answer "No" here IMHO.

Also from the ESTA FAQ...

Can I be admitted into the U.S. if I have either a misdemeanor or criminal record (for example a DUI)?

The U.S. does not deny entry to persons with a "Driving Under the Influence" (DUI) conviction, although if there are multiple convictions for this and or other misdemeanors, you could be denied entry.

Ian