ESTA - Moral Turpitude

dzug1

The Embassy advice is based on Brits not having a clue what moral turpitude is. Rather than trying to advise on it (particularly over the phone) with incomplete info they prefer to make the decision themselves so tell you to apply for a visa.

If you can correctly make the decision yourself then it's perfectly OK to ignore them and tick the appropriate box on the ESTA form.

Kerazydave

Does anyone know if the offences listed are Moral Turpitude or what the US Jail Term for them are. The UK combined Jail Term would be 6 months. Has to be less than 5 years for the VWP.

Can they view the PNC?

Kerazydave

To clear it up.

The common assault was more for intimidation, the "victim" thought they would be hit, there was no physical contact or punches thrown. No bruises or superficial damage.

The section 5 was because my language could have caused offence to someone in the street.

Believe it or not the Section 5 wasn't covered in the police interview but added as I gave DNA in the room, I was given it as Drunk and Disorderly would have given me a fine. I'm considering having a dabble at fighting it.

Both offences in the UK.

Both offences are under a Simple Caution Form.

3 years ago for the offences.


I don't think these are CIMT????

Kerazydave

I can do that, both cautions are on the same sheet.

Information is correct, no need to lie. I'm also Enhanced CRB and do alot of work in the community with children and my caution hasn't stopped that despite flagging on the CRB.

FH_Brit

Dave - call the Embassy - ask them - they are the ones who will turn you away if you get it wrong. Before the ESTA they did not look well on ANY violent or Sexual crims no matter how trivial or what the sentance was - you HAD to declare and HAD to get Visa.

Do you want to do it where people on here tell you wrong and then as you go through immigration at the US airport they then turn you away an refuse you entry? Is It worth it? No. Call the Embassy and ASK!

whatusername

Kerazydave wrote: »

I'm not sure thats correct? It doesn't mention that on the VWP/ESTA at all? Please confirm were you've got this info (please don't say the US embassy wizard).

Experience. I have a very close friend who had a police caution for a trivial offence and had a nightmare trying to get a visa, he had to do a lot of digging to get the right information to the emabasy but he did eventually get it, full thing took around 3 months after his interview.

Good luck whatever you decide to do but when you think on it is it really worth taking the gamble in getting turned away in the US?

oneansweronly

Utter garbage and totally incorrect advice.

FH_Brit wrote: »

Dave - call the Embassy - ask them - they are the ones who will turn you away if you get it wrong.

Calling the embassy is a waste of time as the US Supreme Court has ruled that advice given by embassy staff is worthless.
Embassy staff also don't turn you away, its CBP that would.

FH_Brit wrote: »

Before the ESTA they did not look well on ANY violent or Sexual crims no matter how trivial or what the sentance was - you HAD to declare and HAD to get Visa.

Utter garbage. As an extreme Rape, for example, can sometimes NOT be a CiMT. There is no need for a visa if you meet the requirements.

FH_Brit wrote: »

Do you want to do it where people on here tell you wrong

Thats you then, as your whole post is wrong.

FH_Brit wrote: »

Call the Embassy and ASK!

See first point, embassy staff could tell you anything they want, as its not legally binding on the US.

whatusername

oneansweronly wrote: »

Utter garbage and totally incorrect advice.

Calling the embassy is a waste of time as the US Supreme Court has ruled that advice given by embassy staff is worthless.
Embassy staff also don't turn you away, its CBP that would.

Utter garbage. As an extreme Rape, for example, can sometimes NOT be a CiMT. There is no need for a visa if you meet the requirements.

Thats you then, as your whole post is wrong.

See first point, embassy staff could tell you anything they want, as its not legally binding on the US.

Ultimately it's the OP's call as to what he does and many people have travelled to the US under the VW programme have undeclaired their records and got through without and problem however there are many that have records undeclaired and have been turned away.

It's worth remembering the visa waiver only gives the right to travel to the states and not a right of entry, that decision is ultimately made by Homeland Security at the port of entry.

sassyblue

I'd just put it on the form if l were you, if they need clarification they'll be in touch and if it doesn't apply they'll ignore it. It's better being upfront.

whatusername

sassyblue wrote: »

I'd just put it on the form if l were you, if they need clarification they'll be in touch and if it doesn't apply they'll ignore it. It's better being upfront.

Unfortunately it's not just as easy as that.