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Are these "crimes of moral turpitude"

Are these "crimes of moral turpitude"

Old Jan 8th 2020, 6:46 pm
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Default Are these "crimes of moral turpitude"

I'm a UK citizen who recently got engaged to a US citizen. We're in the process of putting together the first batch of paperwork for my K-1 visa, and I'm slightly concerned about whether a police caution I received ten years ago is going to end up being an obstacle in my case.

The caution was for two offences: one of "Obstruct / resist a constable in execution of duty" (PL96003), and another of "Section 39 - assault by beating (battery)" (CJ88116). The caution was conditional on my writing two letters of apology and paying £100 in compensation.

My understanding is that the relevant law here is the Immigration and Nationality Act 212 (A)(2)(A)(I)(I), which states that

...any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime, or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of title 21),

is inadmissible.
I understand that under US law the caution I received amounts to my having admitted to these crimes. The crimes are not related to drugs, so (II) doesn't apply. But would either or both of these crimes be considered to be "involving moral turpitude"? I've found a few resources online but it would be good to get a second opinion.

Secondly, if one of these crimes does count as "involving moral turpitude", would it be covered by the petty offence exemption?
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Old Jan 8th 2020, 8:59 pm
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Default Re: Are these "crimes of moral turpitude"

Resisting arrest can be a felony in the US so more than possible it will be considered a CIMT.

It appears from a cursory look that the offence has a maximum UK custodial sentence of 6 months, so yes it seems like it may well qualify under the petty offence exception as it's under a year.
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Old Jan 8th 2020, 10:58 pm
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Default Re: Are these "crimes of moral turpitude"

Consult with an attorney competent in UK to USA immigration.
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Old Jan 8th 2020, 11:27 pm
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Default Re: Are these "crimes of moral turpitude"

Originally Posted by civilservant View Post
Resisting arrest can be a felony in the US so more than possible it will be considered a CIMT.

It appears from a cursory look that the offence has a maximum UK custodial sentence of 6 months, so yes it seems like it may well qualify under the petty offence exception as it's under a year.
Thanks! To be clear, my caution wasn't for resisting arrest. There is no direct equivalent of that charge in English and Welsh law. The crime that I was charged with has a maximum sentence of one month.

Do you have any thoughts on the common assault charge?
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Old Jan 8th 2020, 11:46 pm
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Default Re: Are these "crimes of moral turpitude"

Common assault is not a CIMT.
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