Visiting USA with a criminal record

Soubrette

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?

From my reading of it - the crime harrassment in itself does not come under 'moral turpitude' but it depends what you did as part of that harrassment.

So if you did anything with an intent to harm person or things - then I think it does come under moral turpitude.

I'd be interested in other people's take though.

Very interesting question although sorry you have to live through it OP

Sou

mrmichaelf

Its ok, basically me and my partner split. I returned home to find my flat empty, she had took everything. I pestered and pestered her with calls and messages, firstly the Police gave me an off the record warning to stop. I didn't and was charged with harassment. I got 100 hours community service, later reduced to a £75 fine, but no restraining order.

Nothing since, apart from the mistake with the tax disc.

I did open a thread a while back, and reffered to this as my partner (stupid I guess), but I have re-read this post and found alot of the posts deleted.

I think I'll risk it. If I get denied entry then so be it.

rabidmonkey

mrmichaelf wrote: »

pestered her with calls and messages

Covered under the case of Jose Luis Reyes-Morales, where telephone harassment was not a CiMT.

mrmichaelf

There was definitely no intention to harm or threaten. More just asking and pleading.

Now, should I answer no on the form, and it then comes to light at immigration that I have a criminal record, how will they decide whether it was moral turpitude and how would they get the facts?

It is well and truely a minefield.

mrmichaelf

FH_Brit wrote: »

Mr M - You'll "Risk it anyway"? From that statement I would assume that you may not have been 100% honest in your ESTA application, otherwise there would be no "risk"

An ESTA/Visa/VWP does not guarantee entry anyway. Why don't you just ask the US Embassy annonimously and they'll tell you if it is worth trying.

Anyone who makes a "less than honest" appication is "less than smart" - if you lie on a Visa/VWP/ESTA application and then attempt entry, you should go down for 10 years and the charge should be "stupidity beyond beleif"!!! I guess that's the criminal mind anyway - dont care about others or laws! - Falsifying a Federal Document I should think the charges would be and as you are in a US port when you are trying to use it you'll end up banged up and it is not like UK prison's here, they still have chain gangs working on the roads!!!

Enjoy your holiday ! ! ! - 5 -10 years with good behaviour!

So you are saying I am lying? Sorry but you are mistaken.

The risk to me is that I will answer "no", it will get flagged up that I have a criminal record, and then how do immigration decide whether ot not it was moral turpitude?

As others have stated, the embassy will not comment on circumstances and advise me to apply for a visa to cover their backs.

rabidmonkey

mrmichaelf wrote: »

There was definitely no intention to harm or threaten. More just asking and pleading.

Now, should I answer no on the form, and it then comes to light at immigration that I have a criminal record, how will they decide whether it was moral turpitude and how would they get the facts?

It is well and truely a minefield.

IMO its no as its not a CiMT.

If asked whether you were ever arrested the answer is YES. Its a different question, Take a copy of your Police National Computer record with you (and only show it if asked) available at all local cop shops for (I beleive) £10

As previously stated

vlex.com/vid/jose-luis-reyes-morales-alberto-gonzales-20095612

Here, however, Reyes-Morales was convicted of intentionally making telephone calls with reason to know that such calls would cause, and did cause, the recipient to feel frightened. A reckless mental state, without more, typically does not give rise to a finding of moral turpitude. See In re Fualaau, 21 I. & N. Dec. at 478 (noting that although the BIA has "issued precedents holding that a conviction involving reckless conduct" can provide the basis for a finding of moral turpitude, the alien's reckless conduct is typically coupled with an aggravating factor).

this was found NOT to be a CiMT - you;ll have to read it all.

That doesn't get round any posible tax disk problem, and I refuse to go there.

mrmichaelf

Its all covered in the same question though isn't it? Arrested or convicted of a crime of moral turpitude. I should be able to answer no.

Surely the mistake of the tax disc shouldn't even come into the equation. It was a mistake. End of. If I have to apply for a Visa because I had the wrong tax disc on display in my car then the world has gone mad.

mrmichaelf

FH_Brit wrote: »

Not saying - asking as you say you'll RISK - if you were honest there's no risk! - I don't mean to offend.

I really don't care anymore -
If you listen to people here and not ask the people who matter then you deserve all you may get.

Perhaps you should have thought about this before you broke the law, and continued to do so after the police "warned you off"!

I hope a lesson learned.

So you are perfect are you? Never made a mistake? I was punished by a court for my crimes, IMO that should be the end of the matter. Ultimately, I lost my job through it, and now have to mess around to visit family in another country. It is pathetic.

My mind is made up, I will answer no. I honestly believe the crimes commited did not fall under moral turpitude, therefore I am being honest. Should someone at immigration disagree, then they disagree.

mrmichaelf

FH_Brit wrote: »

OK - don't get out your pram!

Not perfect - But I have never been arrested, suspected or broke the law in any situation - I (having a law qualification) know the consequences if I should break the law on my job and family and I chose not to have a criminal record.

Your job - serves you right! - Let me give you a peice of advice .......

IF A COP TELLS YOU TO STOP WHAT YOU ARE DOING - THEN STOP! don't come here crying about the consequences of YOUR decision that has come back to bite you.

The law is far from fair though. Lets be honest. I know someone falsely accused of armed robbery. Arrested, but charges dropped after it was proved he had nothing to do with the crime.

Now, under the USA's pathetic immigration law, he would have to apply for a Visa, and spend his own time and money messing around when he has comitted no crime. Where is the sense in that.

I am confident I can answer "No" on my ESTA. I shall do that. If immigration disagree, then obviously harassment is a crime of moral turpitude, or they are not educated enough in their role to be asking the question and deciding if they should let me in or not.

Either way, the chances of them having access to my criminal record is slim. It is an offence for anyone to actually access it without my permission anyway. To perform a CRB check, you have to give consent. Nowhere in the ESTA does it say this will be carried out.

I know someone who visted NYC 2 months ago with previous charges of drug dealing and delcared nothing. The more I think about it, the more I think I will be ok.

rabidmonkey

FH_Brit wrote: »

Correct - Road Fund License offences are civil law and not criminal. (i.e. you cannot be imprissoned for RFL offences) The DVLC (or whatever they call it now) sue you, you are not and cannot be arrested (unless you fail to pay the fine then that is the charge not the RFL offence)

mrmichaelf wrote: »

I was arrested for a suspected stolen tax disc in my car, I was cautioned however it was a simple !!!! up on my part by putting the wrong tax disc in the wrong car!

Anyways, I've covered my bit, and you have had the relevent case put forward where it was decided its not a CiMT. As for the tax disk ask dzug.

mrmichaelf wrote: »

It is an offence for anyone to actually access it without my permission anyway.

Thats 100 percent incorrect. Lots of people have access to it without having to ask your permission.