Will I be denied entry to the US under the visa waiver program?

March 28, 2006 2:20 AM

I was at-fault in a minor car accident while in the United States last year. The other party involved was a Department of Homeland Security officer. Will this incident affect my ability to enter the United States under the visa waiver program in the future?

While visiting the United States on the visa waiver program last year, I got into a minor car accident in Trenton, New Jersey. There were no injuries, and no damage to the car I hit. My fully insured rental car received a tiny scratch to the front bumper which the rental company did not even notice when I returned the car.

The driver whose car I hit identified himself as a DHS officer driving what I assume was an unmarked government vehicle. After consulting with his supervisor over the phone, the officer called the police and I was ticketed with careless driving, mandatory court appearance required. I left the country before the court date and hired an attorney to appear on my behalf. I was fined $164 which has been paid in full.

Although I have paid the fine, I am worried that when I return to the United States in the future I will be denied entry. Is this the kind of thing that could get me refused entry, or am I just being paranoid? I'm just so worried that I'll get turned away, particularly as the car I hit belonged to an employee of the DHS, which administers the US-VISIT program. I have no immediate plans to travel, but am likely to return within the next two years.

Extra info: I entered and exited the country at LAX and went through the fingerprinting/photo procedure at immigration. The DHS officer and police officer who gave me the ticket took my name, home address, license details and rental car registration information.

I've googled extensively for this, but this is a pretty unique situation and I'm not having much luck finding any info.

Any opinions, suggestions or advice are greatly appreciated.

posted by madforplaid to Travel & Transportation (9 answers total)

Personally I would not worry about this. A misdemeanor driving offense is not enough to deny you entry. You can get a visa in advance from the embassy or consulate in order to calm your worries.
posted by grouse at 2:52 AM on March 28, 2006

The primary requirements for entry into the VWP are that you:

• Not pose a safety threat to the United States;
• Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program

Assuming bumping into a DHS officer's car doesn't violate any explicit conditions or pose a direct threat to the United States, I think you'll be just fine.

Of course, "If you would prefer speaking to a person, you may call [phone] or 1- 877-CBP -5511 Monday-Friday, between 8:30 and 5:00 Eastern Time."

But that won't work for you if you're out of state, I'd imagine.

I'd suggest, if you're that worried about it, that you just call your embassy/state department and ask them to clarify any potential issues with you.

But I really doubt this could even possibly be construed as grounds to refuse you entry to the waiver program, especially since you've already been admitted once. They probably won't even see this come up when granted you readmission, though your mileage may literally vary.

(Source.)
posted by disillusioned at 2:58 AM on March 28, 2006

It seems unlikely that you'd suffer any repercussions from the accident. They happen all the time, and almost everyone has been in one. Unless you got into some kind of altercation with the DHS guy, he's probably forgotten it, especially if it was an official (not his) car. Absent any action on his part, I doubt that DHS pays any notice to traffic accidents, even when it's their car.
posted by Kirth Gerson at 3:18 AM on March 28, 2006

A suggestion. If you've paid your fine and done everything you could to fulfill the requirements of the law, and they DO deny you entry, let us know. If you are denied entry, it's not legal, and warrants investigation by the press, the internet, etc. That's one purpose this community can serve.
posted by clarkstonian at 3:58 AM on March 28, 2006

If you are concerned about this you can just apply for a visa, in which case the Visa Waiver program doesn't apply.
posted by unSane at 4:34 AM on March 28, 2006

As others have said, this will not deny you entry - if it does the Immigration Officer is wrong. However, it is not a bad idea to apply for a visa anyway, you get a fun interview at the embassy and don't have to worry about those green pieces of paper being handed to the right place by the airline in the future.
posted by keijo at 4:49 AM on March 28, 2006

The one problem with the VWP is that by participating in it you waive your right to an appeal or review if you are denied entry incorrectly. The only way to be totally sure is to get a visa in advance. But if it were me, I still wouldn't bother.
posted by grouse at 5:12 AM on March 28, 2006

i would not recommend getting a visa in advance. i did so for other reasons - my passport didn't have the machine readable >>... necessary for the vwp since last year - and it wasted a lot of time and a fair amount of money, and the american at the embassy was none-too-impressed.

just go through the normal procedures and don't make a fuss (assuming you're white and, preferably, not a young adult male),
posted by andrew cooke at 5:39 AM on March 28, 2006

All kinds of people are under the Homeland Security umbrella lately. In all likelyhood you hit the office intern, and he doesn't have the power to screw with you over it.

(and really, who would do so in an accident in which they are :

1. Not at fault.
2. Not driving their own car.)
posted by furiousxgeorge at 2:46 AM on March 29, 2006