crg

You personally may be able to use the term to describe virtually anything.

People in the world of immigration law use the term to describe things that have found to be a crime involving moral turpitude based on the law and decades worth of precedent decisions put out in the court system.

Some aspects continue to be subjective. However, there are several things that many people consider morally wrong that are not considered to be CIMTs based on past cases.

bjohn

I always thought the general consensus on these boards was that if you've ever been arrested, let alone convicted of anything, you should apply for a visa. The London US embassy also seems to think this way.

http://www.usembassy.org.uk/visaservices/?p=804

crg

So would you tell someone to get a visa if they have been previously arrested for littering, jaywalking, or unpaid parking tickets?

Would you advise them to get a visa if they were arrested for littering and found not guilty?

The embassy makes that statement in order to cast a wide net out of an abundance of caution. That doesn't mean their advice is in lock-step with what the actual law is.

megalaser

as far as I understand it they want to know about 'criminal' arrests and don't care about traffic offenses ect . . . .

Iforgotmyusername

If you are eligible to use the VWP, then you are eligible to use it. If you're not, you're not. What they want to know is not the point, as long as you can prove you meet the criteria.

megalaser

. . . . . . which is not having had a criminal arrest

crg

Feel free to follow along and review past threads where these issues have been discussed at length. You're taking a very simplistic view of an extremely complex issue. There are various criminal arrests/convictions that have been found not to be CIMTs depending on the circumstances and the wording of the statute.

Abduction for the purpose of marriage - Was found not to be a CIMT

Simple kidnapping in Louisianna - Was found not to be a CIMT - (Hamdan v. INS, 98 F.3d 183 (5th Cir. 1996))

Indecent Exposure - Was found not to be a CIMT - Matter of H , 7 I. & N. Dec. 301 (BIA 1956)

Here is some light reading:
http://www.shusterman.com/pdf/cmt04.pdf

Iforgotmyusername

Thats not the question though. If it was it would be worded something like

B) Have you ever been arrested or convicted or have a violation related to a controlled substance;.........

and not

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