Visiting USA with a criminal record

rabidmonkey

mrmichaelf wrote: »

My harrasment charge is not of moral turpitude. I can 100& gurarantee you that. US law states it isn't. And that is from my own research.

Which then leads further to my point, how do immigration judge what is moral turpitude and what isn't. They wont have the ins and outs of my court case on file will they?

You are NOT qualified to state it is not morale turpitude, you only beleive its not. US now base it on previous case history, and if thats inconclusive, the actual court record listing the conviction. That is a changed process after a case a few years back.

As the Consulate do NOT ask to see a memorandum of conviction when applying for a visa its a pretty dubious legal point IMO.

mrmichaelf wrote: »

I have a criminal conviction from 3 years ago for harrasment

mrmichaelf wrote: »

My partener has a conviction from 3 year ago for harrasment

and get caught lying like that in immigration and its a flight straight back home.

HouseHuntr

mrmichaelf wrote: »

I know this has probably been done to death but..............

I would like to visit the USA next year, however I have a criminal conviction from 3 years ago for harrasment. I was given community service, later reduced to a fine.

I understand if you have been convicted of a crime of moral turpitude you have to apply for a Visa, however from research, I understand my crime isn't one of moral turpitude, so I should be able to travel without applying for a Visa. Is that correct.

Also, some months later I was arrested for having a suspected stolen tax disc in my car. This however was a simple mistake as I have two cars and taxed them on the same day and got the discs the wrong way round. Charges were dropped, but I was still arrested.

Is it true USA immigration have access to our criminal records? And if they do, do the immigration workers know the ins and outs of what crimes are moral turpitude or not?

Thanks in advance.

Alcatraz is reserved for your kind !

mrmichaelf

rabidmonkey wrote: »

You are NOT qualified to state it is not morale turpitude, you only beleive its not. US now base it on previous case history, and if thats inconclusive, the actual court record listing the conviction. That is a changed process after a case a few years back.

As the Consulate do NOT ask to see a memorandum of conviction when applying for a visa its a pretty dubious legal point IMO.





and get caught lying like that in immigration and its a flight straight back home.

Why ask the question on the ESTA if the person is not qualified to answer whether it is moral turpitude or not?

rabidmonkey

FH_Brit wrote: »

Rabid - Your opinion and you are entitle to it.

If the question states "Have you ever been arrested?" that is different,

Look at the question on the form, that is what we are talking about here.

It asks specifically about arrests as we both agree.

moonrakerz

THIS

http://www.state.gov/documents/organization/86942.pdf

is what the US State Department has to say on the subject.

Undoubtedly more accurate that a lot of the "guesses" posted above !

mrmichaelf

rabidmonkey wrote: »

Look at the question on the form, that is what we are talking about here.

It asks specifically about arrests as we both agree.

Arrested for a crime of moral turpitude, which as far as I am concerned I haven't been. But as you pointed out, i'm not qualified to answer that.

So back to my earlier point, if im not qualified to answer it, then they shouldn't be asking.

rabidmonkey

mrmichaelf wrote: »

Why ask the question on the ESTA if the person is not qualified to answer whether it is moral turpitude or not?

The person should know as its a legal document. Morale Turpitude can confuse the heck of a immigration judges, and does so all the time, as its a minefield.

rabidmonkey

FH_Brit wrote: »

And the fact that he has been approved for his ESTA proves my point - although they ask it does not exclude you from US entry as - Guess What? - no charges mean he is innocent!

As I said - They'll check a little further but no conviction = no offence.

Most people are approved for ESTA as long as they tick no to the correct questions. ESTA doesn't check against non-serious criminality.

If you are arrested for say murder, proved innocent in a court of law, you still cannot legally tick NO in that box.

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?

It doesn't just say have you every been convicted, thats a totally different question. Its NOT about innocence or guilt at this stage, its about the arrest or conviction.

Applying for a B2, then the fact you were proven innocent, or the case was dropped, would/may have a bearing on the outcome, at this stage you are simply asked a question.

mrmichaelf

Now I am confused. From what I have read, I have not comitted crimes of moral turpitude, so to me I can answer no.

But, you say I should speak to the embesy anyway. Should I apply for a visa then? What are the chances of it being accepted?

rabidmonkey

mrmichaelf wrote: »

Now I am confused. From what I have read, I have not comitted crimes of moral turpitude, so to me I can answer no.

But, you say I should speak to the embesy anyway. Should I apply for a visa then? What are the chances of it being accepted?

NEVER speak to the embassy unless applying for a visa as the embassy CANNOT provide and won't provide legally binding answers to callers.

Look at your previous post, ALL the answers are there as to prior legal cases regarding this - apart from the posts the mods deleted cos they're cretins.

From what you are stating it was done under section 1, there would be nothing in the court records to suggest its a CiMT, therefore you have answered the question to the best of your ability.

Its not, by the looks of it, a CiMT. (although the only people who can give you a difinitive answer are the comsulate.)