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american visa, but i have convictions

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american visa ,jail assault
11 years ago, May 28th 2012 No: 1 Msg: #156879  
i have a conviction for common assault from 30 years ago and i have been in jail for 3 weeks for non payment of fines ..about the same time ..will this affect my getting an american visa .and how do i go about applying ?? Reply to this

11 years ago, May 28th 2012 No: 2 Msg: #156889  
Hello Colin and welcome to Travelblog!

This question is quite a frequent one with those not only travelling to the USA.

From my prior research, the Visa Waiver Program on the US Government's ESTA website, says the following:

"Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

It then defines "moral turpitude" as such:

"Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act."

Thus, it comes down to two issues, firstly, is non-payment of fines or assault a criminal offence? If not, there should be no problems. Second, even if it is a criminal conviction, then one must look at the other criteria.

I am no expert on this issue, but would doubt a non-payment of fines would cause any issues and suspect that a case of assault 30 years would not either, unless it involved a weapon.

If you want to read more about moral turpitude, please read this from the US Justice Department: Grounds for Judicial Deportation

There have been long discussions about this previously - Criminal conviction restrictions? - so by reading this you can see that you are not alone is voicing your concerns or asking your question.

I'm not a lawyer and my experience in observing such matters comes from extensive travel, and I'll try to answer any further questions you have. Reply to this

11 years ago, June 3rd 2012 No: 3 Msg: #157139  
The key to all of this is full disclosure on your application with details. Generally, it will not prevent you from entering the country. Where people get in a jam is when they avoid telling the entire story or truth. That is frown upon. Complete disclosure is the way to go.

Reply to this

11 years ago, June 4th 2012 No: 4 Msg: #157173  

hi Shane , thanks for the advice and for giving me the confidence to apply , i feel much more at ease in trying to apply now that you have enlightened me on some of the points i raised ..I was thinking that myself ,that 30 years ago is a long time and i was young and daft then so surely they must know that i am not the same person now ..i will apply now and hopefully will get a visa ..thanks again for the advice ...Goodman ..enjoy your travels mate Reply to this

11 years ago, June 4th 2012 No: 5 Msg: #157174  
dave and merry
thanks for the advice i will take it onboard enjoy your travels colin xxx Reply to this

11 years ago, June 10th 2012 No: 6 Msg: #157461  
Hi there, we are due to go to Florida in October for a holiday of a lifetime. The problem is is that my husband has 3 criminal convictions. Drunk & disorderly & violence on entering a premesis...twice. I have looked on the ESTA's website & these are not classed as moral turpitude. Im still worried that we wont be able to get in & a lot of money would have been wasted.

Please help!! Reply to this

11 years ago, June 10th 2012 No: 7 Msg: #157467  
Hello Lindsay, I think your husband's situation is different from Colin. Drunk and disorderly shouldn't be an issue - not sure about the other one. I cannot provide any definitive advice as I am not a lawyer, just an experienced traveller used to reading plenty of country entry cards.

Moral turpitude is defined for this purpose: "....convicted of a crime involving moral turpitude committed within five years after the date of entry, and sentenced to confinement or confined therefor for one year or longer."

Note the time of the offence (within five years) and sentenced to confinement for one year or longer, and that even includes a suspended sentence.

However, this is what the question asks: "Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?"

Unless any of these criteria have been met, then the answer is no. If the answer is no, it is unlikely to be a problem. I cannot guess what would occur if the answer is yes. Reply to this

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