Moli

USC in an immigration forum logically stands for "United States Code". A
catalogue of criminal offenses.
This is for 'atadconcerned' Do not be misled by the uninformed.
The legal interpretation used by American immigration officials NOT
American criminal courts for " Crimes of Moral Turpitude" and "Aggravated
Felonies" is very different.
The mistake many non-citizens make is to assume that the laws that cover and
protect American citizens also protects them from ICE (Immigration and
Custom Enforcement). Lets' be clear, Immigration treats non citizens very
differently. Criminal offenses that might be considered minor to a citizen
can have a major negative impact to a non-citizen. It's always advisable
for LPR'S (legal permanent residents) and other non-citizens that
unfortunately become involved with the criminal justice system as
defendants to consult not only a criminal attorney but also an immigration
attorney.
An important element of CMT is "mea rea" evil intent. That is why an
aggravated charge of DUI is a CMT(Crime of Moral Turpitude).
As for non-aggravated DUIs the definition keeps shifting
(3 different decisions overturned by Federal District Courts since 1996) it
also allows for possible WAIVERS. This is
also why a second DUI/ or a simgle Aggravated DUI are considered removable
offenses.
A non citizen is removable or inadmissible with in 5 years of a CMT (petty
theft/larceny/shoplifting/misdemeanor drug charges) or charges with
mandatory sentences of 1 year and over. Regardless of the actual time that
is served.
Check your dates and clarity of the legal statues (offense(s)
classification) involving your situation.

Once again good luck and do not be misled by the uniformed. Good Bye

Hi guys.

I have searched this forum for similar cases and couldn't find any,
so I thought I'd better start my own. Apologies if this has been
covered before.

I have been offered a job in the US and am now applying for an H1B visa.
I'm a bit concerned because I have been arrested twice before in the UK:

1. DUI, pleaded guilty, convicted, 18 month driving ban. This was about
10 years ago, I was just a young puppy! The endorsement is due to be
expunged from my drivers license next year.

2. I was arrested and cautioned (no conviction) for shoplifting (a
single pack of razor blades) about 5 years ago.

Other than this, I have been a fine upstanding citizen.


So, my questions are thus...

On the H1B visa forms, what should I answer to "Have you ever been
arrested or convicted" etc.? Should I admit to one or both of these
offenses, seeing as the 1st one was 10 years ago, and the 2nd was a
simple caution?
Are these crimes of moral turpitude?
Are they likely to cause me any problems?
Will I be called for an interview because of this, or would I be called
anyway regardless of arrests/convictions?
What kind of q's should I expect from the interviewer about this, and
how should I answer them?

Can anyone please offer some advice?
Would I need to speak to an immigration lawyer? If so, (this is gonna
sound like a stupid question...) how would I find one?