help needed - traveling to us with criminal record

kazprincess

littlereddevil wrote: »

To answer one of your questions my friend's daughter's boyfriend was refused entry as he had not declared an assault charge. Don't ask me how they knew!
If you are so desperate to go to the US I would suggest going for the interview. Last couple of times I have gone to US immigration has been very strict,asking me all about the visas in my passport etc and why I visited the countries I did!

Could you please give me some details regarding this? Did he get asked this at the border or were they alreday aware of the assault charge, do you know if his assault charge involved moral turpitdue?
Thanks

Flyboy152

I don't understand why the OP is so reluctant to disclose the conviction. I am beginning to suspect she is not telling us everything. :think:

kazprincess

Hi Flyboy

I did disclose all the details orignally - but i decided today to delete them due to the fact that it isnt anybodies business apart from mine. It doesnt matter what i say about our convictions or any of the details as i will only know the truth anyway as nobody knows me on this site and it really doesnt matter if you believe me or not.
I found this out yesterday when people were questioning what i had written. I am afraid on this one - you will just all have to trust me!! Unless you want me to scan all my police records!

Bottom line is - i know i am telling the thruth and i know our crimes did not involve moral turpitdue. We both have assault charges. I know that if we did have an interview - we would have our visas accepted as our crimes are in black and white and shows they dont conatin MT (if we do go down that route).

I am asking for advice on the ESTA forms as i know our crimes do not involve MT so i am discussing why they write 'have you ever been arrested for any crimes involving MT- when infact (so i hear) they actually mean 'have you ever been arrested'.

Its very unclear and i know many people have been in the same situation as myself. I do not believe i need to go for an interview, pay £35 each for a police certificate, pay £85 for a visa application and spend all of my day sitting outside a room waiting to be seen for an interview (let alone trying to get a day off work). It will be a very costly for us to go down this route when i am asking - do i really need too??

The details of our crime isnt the subject for my question.

terryw

Here is an article on the subject of "moral turpitude". The writer appears to be knowledgeable.

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

Notes of interest:1.
The Petty Offense Exception. There is a “petty offense” exception. If the conviction was for a petty offense, the alien may still be admissible. A petty offense is defined as one in which (a) the maximum possible penalty for the crime did not exceed imprisonment for one year and (b) the alien was not sentenced to a term of imprisonment in excess of six months -- whether the sentence was ultimately executed or served or not. The petty offense exception is not available if more than one CIMT offense was committed or admitted.

2. Crimes against the Person. The following have been found by various courts and at various times to be crimes involving moral turpitude:
assault, second degree or third degree

kazprincess

terryw wrote: »

Here is an article on the subject of "moral turpitude". The writer appears to be knowledgeable.

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

Notes of interest:1.
The Petty Offense Exception. There is a “petty offense” exception. If the conviction was for a petty offense, the alien may still be admissible. A petty offense is defined as one in which (a) the maximum possible penalty for the crime did not exceed imprisonment for one year and (b) the alien was not sentenced to a term of imprisonment in excess of six months -- whether the sentence was ultimately executed or served or not. The petty offense exception is not available if more than one CIMT offense was committed or admitted.

2. Crimes against the Person. The following have been found by various courts and at various times to be crimes involving moral turpitude:
assault, second degree or third degree

Thank you for this artical. My thoughts excactly! The form needs to be much clearer. It is very unclear for travellers like me.
Maybe i should get legal advice before going down the interview route. However this will probably end up costing the same as just going for an interview!

terryw

My own view here FWIIW.

If you do not disclose this assault conviction, there is a chance that you will be refused entry for non-disclosure.

If you do disclose, the chances are that you will be allowed entry as this is a petty offense.

You have to make the decision. You have to weigh up the odds.

Best of British whatever you decide.

terribleapp

terryw wrote: »

Here is an article on the subject of "moral turpitude". The writer appears to be knowledgeable.
..

Notes of interest:1.
The Petty Offense Exception.

You cannot self-verify petty exceptions. You answer the question on the ESTA form. So if the offense is MT, you answer the question on esta as yes, you are denied the right to fly. If you try and argue petty offenses at POI then you have made a misrepresentation on the form.

dzug1

littlereddevil wrote: »

To answer one of your questions my friend's daughter's boyfriend was refused entry as he had not declared an assault charge. Don't ask me how they knew!

It's possible they didn't, but had a hunch and 'tricked' an admission out of him

Flyboy152

kazprincess wrote: »

Hi Flyboy

I did disclose all the details orignally - but i decided today to delete them due to the fact that it isnt anybodies business apart from mine. It doesnt matter what i say about our convictions or any of the details as i will only know the truth anyway as nobody knows me on this site and it really doesnt matter if you believe me or not.
I found this out yesterday when people were questioning what i had written. I am afraid on this one - you will just all have to trust me!! Unless you want me to scan all my police records!

Bottom line is - i know i am telling the thruth and i know our crimes did not involve moral turpitdue. We both have assault charges. I know that if we did have an interview - we would have our visas accepted as our crimes are in black and white and shows they dont conatin MT (if we do go down that route).

I am asking for advice on the ESTA forms as i know our crimes do not involve MT so i am discussing why they write 'have you ever been arrested for any crimes involving MT- when infact (so i hear) they actually mean 'have you ever been arrested'.

Its very unclear and i know many people have been in the same situation as myself. I do not believe i need to go for an interview, pay £35 each for a police certificate, pay £85 for a visa application and spend all of my day sitting outside a room waiting to be seen for an interview (let alone trying to get a day off work). It will be a very costly for us to go down this route when i am asking - do i really need too??

The details of our crime isnt the subject for my question.

Then you have to decide how important your trip is. Why don't you call the FCO, or the Home Office, or the US Embassy for more information?

adouglasmhor

terryw wrote: »

Here is an article on the subject of "moral turpitude". The writer appears to be knowledgeable.

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

Notes of interest:1.
The Petty Offense Exception. There is a “petty offense” exception. If the conviction was for a petty offense, the alien may still be admissible. A petty offense is defined as one in which (a) the maximum possible penalty for the crime did not exceed imprisonment for one year and (b) the alien was not sentenced to a term of imprisonment in excess of six months -- whether the sentence was ultimately executed or served or not. The petty offense exception is not available if more than one CIMT offense was committed or admitted.

2. Crimes against the Person. The following have been found by various courts and at various times to be crimes involving moral turpitude:
assault, second degree or third degree

2nd and 3rd degree assault roughly coincide with ABH and GBH not common assault.