Dave

Bit confusing what contitues moral turpitude

The I-94 has the box to tick about this and some folks have mentioned
a drink driving charge with only month suspension will require me to
tick the box.

There is a faq somewhere that states that drink driving charge does
not preclude me form the VWP, however I have to have court record to
prove no I did not go to jail/gaol

however looking at the following which is from INA: ACT 212 - GENERAL
CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR
ADMISSION; WAIVERS OF INADMISSIBILLITY

The exception clause at the end in section (ii) (II) assumes I tick
no. Any comments?

(2) Criminal and related grounds.-


(A) Conviction of certain crimes.-


(i) In general.-Except as provided in clause (ii), 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 102 of the
Controlled Substances Act (21 U.S.C. 802)), is inadmissible.


Dave

(ii) Exception.-Clause (i)(I) shall not apply to an alien who
committed only one crime if-



(I) the crime was committed when the alien was under 18 years of age,
and the crime was committed (and the alien released from any
confinement to a prison or correctional institution imposed for the
crime) more than 5 years before the date of application for a visa or
other documentation and the date of application for admission to the
United States, or


(II) the maximum penalty possible for the crime of which the alien was
convicted (or which the alien admits having committed or of which the
acts that the alien admits having committed constituted the essential
elements) did not exceed imprisonment for one year and, if the alien
was convicted of such crime, the alien was not sentenced to a term of
imprisonment in excess of 6 months (regardless of the extent to which
the sentence was ultimately executed).

Ingo Pakleppa - See Web Site For Email

INS, when it still exisited, has pretty unequivocally decided - albeit in
a slightly different context - that drunk driving is not a crime of moral
turpitude.

The context was related to deportations, rather than to admissibility, but
the conclusion should be transferrable. Just as important for you, the
cases in question were *multiple* drunk driving convictions where the
person actually did go to jail. Still, it was no crime of moral turpitude.

On Mon, 24 Nov 2003 00:02:59 +0000, Dave wrote:

    > Bit confusing what contitues moral turpitude
    >
    > The I-94 has the box to tick about this and some folks have mentioned a
    > drink driving charge with only month suspension will require me to tick
    > the box.
    >
    > There is a faq somewhere that states that drink driving charge does not
    > preclude me form the VWP, however I have to have court record to prove
    > no I did not go to jail/gaol
    >
    > however looking at the following which is from INA: ACT 212 - GENERAL
    > CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR
    > ADMISSION; WAIVERS OF INADMISSIBILLITY
    >
    > The exception clause at the end in section (ii) (II) assumes I tick no.
    > Any comments?
    >

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