Criminal convictions, Moral turpitude and admission to the US
Jun 3rd 2006, 12:24 pm
#1
Forum Regular
Thread Starter
Joined: May 2006
Posts: 232
Criminal convictions, Moral turpitude and admission to the US
I had several convictions during my early 20s, in my country of origin. However I did only ever serve one term of imprisonment of 2yrs (actually served 13 months as I got early release for good behaviour).
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
Jun 3rd 2006, 1:13 pm
#2
Joined: Mar 2003
Posts: 68,280
Re: Criminal convictions, Moral turpitude and admission to the US
Tread with caution the aggravated burglary and aggravated assault are both probabably CIMT...
You should..nay must apply for a B-2 before entering the US ..
Any non-disclosures could come back to haunt you in years to come
if not made at the time..
You should..nay must apply for a B-2 before entering the US ..
Any non-disclosures could come back to haunt you in years to come
if not made at the time..
Jun 20th 2006, 1:21 am
#3
Forum Regular
Joined: Jul 2005
Posts: 60
Re: Criminal convictions, Moral turpitude and admission to the US
I'll be honest with you mate. It's going to be tough. From what you have said your record is long and riddled with CIMT's....
Expect the worst.
Expect the worst.
Jun 20th 2006, 1:26 am
#4
Joined: Jun 2005
Posts: 30,102
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by peter1966
I'll be honest with you mate. It's going to be tough. From what you have said your record is long and riddled with CIMT's....
Expect the worst.
Expect the worst.
Jun 20th 2006, 3:31 am
#5
Forum Regular
Joined: Jun 2006
Location: Baltimore, Maryland
Posts: 32
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by Toppa
I had several convictions during my early 20s, in my country of origin. However I did only ever serve one term of imprisonment of 2yrs (actually served 13 months as I got early release for good behaviour).
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
It doesn't matter how you enter the country or which route you take, you will end up at the same stopping point when you apply for adjustment. And if you don't get adjustment, NO, you cant get citizenship later.
Good luck, if you do eventually get admitted it will be after a long hard frustrating road, because your past will come back to haunt you for sure.
Read the thread by "pdamiant" in the same forum, he/she is going through it now, his/her thread is titled something like "intending to deny green card". They are trying to size 9 him/her from the country just for smoking pot and he/she only got a $150 fine, you have a prison term on your plate. I think you are going to have a nightmare, especially in the wallet.
Jun 20th 2006, 3:42 am
#6
Forum Regular
Joined: Jun 2006
Location: Baltimore, Maryland
Posts: 32
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by Ray
Tread with caution the aggravated burglary and aggravated assault are both probabably CIMT...
You should..nay must apply for a B-2 before entering the US ..
Any non-disclosures could come back to haunt you in years to come
if not made at the time..
You should..nay must apply for a B-2 before entering the US ..
Any non-disclosures could come back to haunt you in years to come
if not made at the time..
Question for ya, what is the acronym CIMT when it's spelled out.
Jun 20th 2006, 3:49 am
#7
Joined: Mar 2003
Posts: 68,280
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by You What John
RAY-
Question for ya, what is the acronym CIMT when it's spelled out.
Question for ya, what is the acronym CIMT when it's spelled out.
Jun 20th 2006, 3:54 am
#8
Joined: Jun 2005
Posts: 30,102
Re: Criminal convictions, Moral turpitude and admission to the US
Why do I get the feeling we should rename this thread "The Dodgy Geezers Thread" 
Jun 20th 2006, 4:28 am
#9
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Criminal convictions, Moral turpitude and admission to the US
Apply for the K-1 (fiance visa) if you're really intent on marriage. Unless your wife to be is willing and able to live in the UK or Australia, then having done the background checks *before you marry* would be best, in my opinion.
I wouldn't try to marry on the VWP and adjust, because VWP adjustments can be difficult for those with perfectly clean records, and impossible for others. You could end up with an overstay bar which you don't need.
I wouldn't try to marry on the VWP and adjust, because VWP adjustments can be difficult for those with perfectly clean records, and impossible for others. You could end up with an overstay bar which you don't need.
Jun 20th 2006, 10:34 am
#10
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by Toppa
I had several convictions during my early 20s, in my country of origin.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery"
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery"
You are very clear that you canNOT use the visa waiver, yet you say you can. Strikes me as inconsistent.
You will need a waiver to immigrate -- however, the 15 years you note is quite important -- you may not need to prove hardship.
Consult with an attorney knowledgable on US immigration law.
Jun 21st 2006, 8:22 pm
#11
strangely floppy..
Joined: Mar 2005
Location: Ohio - originally London
Posts: 1,719
Re: Criminal convictions, Moral turpitude and admission to the US
Originally Posted by Toppa
I had several convictions during my early 20s, in my country of origin. However I did only ever serve one term of imprisonment of 2yrs (actually served 13 months as I got early release for good behaviour).
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
Since moving to Australia, I have only had traffic related offences, and a disorderly conduct, the last of which was back in 1995 or 1996. Since then I have not been charged with any offence. Fines and disqualification from driving were the sentences imposed for these transgressions.
I am in contact with a lady in the US who would like me to visit her with a view to marriage. I can enter the US under the visa waiver program on my Australian passport. My concern is if I would be questioned about my country of origin as the city of my birth is listed on the passport. Or would immigration simply check my Australian records?
The problem is that though my last conviction in my country of origin was now 15 years ago, I have some convictions recorded in that country that might be considered crimes of moral turpitude, eg burglary, and "being a party to an aggravated robbery" (in the wrong company at the time, and one of the persons went off and tried to hold up a 7/11 type store with an air pistol. I got 2 years probation as I was not actually a principle offender). These offences took place back in the early 80s.
There was also an incident (1991) where the person I was staying with was going to attack my then wife. He made a grab for a knife, I got to it first and waved it at him as he tried to assault me. He came off second best, so I ended up getting charged with, "assault using a knife as a weapon". This is the conviction I was imprisoned for.
Also I realise that if this lady and I were to marry, then somewhere down the track all this stuff is likely to come out, and that does concern me as who I was at at 20 or 30, I am not at 45. If I had such bad moral character I'm pretty sure the Australian government would not have granted me citizenship, but we are dealing with the United States government in this situation and their rules may be different.
To summarise:
1. Do you think I should first obtain a visa or just enter on the VWP, knowing that I have committed no crimes of moral turpitude or been imprisoned in the 13 years I have lived in Australia?
2.Will my past comeback to haunt me if I marry this woman and she files an I-130 ? Would I after marrying her then be in danger of being deported? Would I still be able to naturalize later?
3. If we married in the US could I adjust a tourist visa or my status on the visa waiver program from within the US? Or would I have to leave the US first and seek reentry under the K3 class visa?
Many thanks for your advice. It's very much appreciated.
Jamie (Toppa)
