Are these "crimes of moral turpitude"
Jan 8th 2020, 6:46 pm
#1
Just Joined
Thread Starter
Joined: Jan 2020
Posts: 2
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
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?
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) 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.
Secondly, if one of these crimes does count as "involving moral turpitude", would it be covered by the petty offence exemption?
Jan 8th 2020, 8:59 pm
#2
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
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.
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.
Jan 8th 2020, 10:58 pm
#3
BE Forum Addict
Joined: Mar 2015
Location: NC, USA (ex Yorkshire)
Posts: 4,375
Re: Are these "crimes of moral turpitude"
Consult with an attorney competent in UK to USA immigration.
Jan 8th 2020, 11:27 pm
#4
Just Joined
Thread Starter
Joined: Jan 2020
Posts: 2
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.
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.
Do you have any thoughts on the common assault charge?
Jan 8th 2020, 11:46 pm
#5
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Are these "crimes of moral turpitude"
Common assault is not a CIMT.
