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Visiting USA with a criminal record

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  • rabidmonkey
    rabidmonkey Posts: 42 Forumite
    edited 15 June 2010 at 8:29PM
    sharnad wrote: »
    good link from a us immigrantion laweyer on british expart com which lists moral turpitude crimes

    http://britishexpats.com/forum/showthread.php?t=559272

    Aggravated stalking is harrasing calls are not

    It seems to depend on what kind of harrasment you were guilty of

    I would go and try and get a visa rather than do a visa waiver as you may get to the airport and be refused entry

    You really really must read the whole thread before commenting, as it has already been stated what he was convicted of, and why the case of Jose Luis Reyes-Morales, Petitioner, v. Alberto Gonzales, * Attorney General of the United States of America, Respondent., 435 F.3d 937 (8th Cir. 2006) means he can use the VWP.
  • sharnad
    sharnad Posts: 9,904 Forumite
    You really really must read the whole thread before commenting, Even reading the post above yours would have helped.


    Yes I was thinking that

    I read two pages then had a vague memory of a man who posted information about the visas for usa when I was looking up stuff for my trip to america

    If I had read your post which I think is for the same gentleman I would not have posted

    Anyway his post on the expats website is interesting
    Needing to lose weight start date 26 December 2011 current loss 60 pound Down. Lots more to go to get into my size 6 jeans
  • rabidmonkey
    rabidmonkey Posts: 42 Forumite
    edited 15 June 2010 at 8:54PM
    THe actual definition of aggrevated is interesting as well, moreso if you know that stlaking is grounds for
    "removability, but not inadmissibility, for convictions for domestic violence, stalking, or violations of protection orders."

    Julia K. Doig, Chief Appellate Counsel, Immigration and Naturalization Service
    If this sort of stuff interests you, the relevant cases here are Jose Luis Reyes-Morales and HARRY RONALD SEAY. Ajami also features is nearly everything.

    Aggrevated stalking cases have been based around michigan code 750.411i and California PC 646.9 Statutes
    Stalking (aggravated) (a) This Michigan statute provides for a violation if the course of conduct includes the making of one or more “credible threats” against the victim, a member of the victim’s family, or another individual living in the victims household. A “credible threat” means a threat to kill an individual or a threat to inflict physical injury upon another individual that is made in any manner that causes the individual hearing the threat to reasonably fear for his safety. Matter of Ajami, 22 I. & N. Dec. 949 (BIA July13, 1999) (b) a violation of California penal code section 646.9(B) (Stalking)
    Theres also other stuff like a violation of a court order, which makes it aggrevated.

    There is another list of CiMTs (with relevant cases) here http://www.shusterman.com/pdf/cmt04.pdf
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