Moral Turpitude = B2 Visa req

Old Aug 5th 2005, 4:30 pm
  #1  
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Question Moral Turpitude = B2 Visa req

Hi All

Please can anyone tell me is a UK - ABH conviction that resulted in a fine only, classed as moral turpitude? (in 1994)

If so can anyone comment on the probability of being issued a B2 Visa for a vacation?

Thanks in advance

R
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Old Aug 5th 2005, 5:13 pm
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Default Re: Moral Turpitude = B2 Visa req

Originally Posted by RIDD
Hi All

Please can anyone tell me is a UK - ABH conviction that resulted in a fine only, classed as moral turpitude? (in 1994)
If so can anyone comment on the probability of being issued a B2 Visa for a vacation?Thanks in advanceR
Could be !! most likely the similar offence would be Aggravated Assault or Aggravated Battery ....but its a fair time ago and the penalty was small ..
I think you will get a B-2 but it may have restrictions .... i.e. just for a year or just for one visit before you have to re-apply ..
Only one way to find out for real though...
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Old Aug 14th 2005, 11:35 am
  #3  
Kripe
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Default Re: Moral Turpitude = B2 Visa req

For your information:

Please review the following:

Waivers are available for a number of juvenile offenses. A person convicted
of a single crime involving moral turpitude while under age 18 must be given
a waiver if more than five years have passed since the commission of the
offense. Repeat offenders are not eligible for this waiver, nor are those
who were convicted of more serious offenses. The waiver is only necessary,
however, if the juvenile was tried and convicted as an adult for a felony
involving violence. By law, a criminal offense committed before age 15
cannot render a person inadmissible, and crimes committed between ages 15
and 18 will lead to inadmissibility only if the person was tried and
convicted as an adult for a felony involving violence.


9 FAM 40.21(a) N5.4 Guilty Plea Without Conviction
(TL:VISA-29; 01-12-1990)
A plea of guilty in a trial will not constitute an admission if a conviction
does not result or if it is followed by a new trial and subsequent acquittal
or dismissal of charges.

AND

Sealing means that records held by the police department, the court, the
district attorney, and the probation department will be closed up and sealed
off. Sealed court proceedings will be treated as though they never took
place. If someone asks these agencies about a sealed record, the law
requires the agencies to answer, "We have no record of that matter." The law
says that you can legally say that you were not adjudicated,* and not even
arrested, for the matter that gets sealed.

*NOTE: A juvenile delinquency adjudication is NOT a criminal conviction.

AND

Found at : http://foia.state.gov/REGS/fams.asp?level=2&id=10&fam=0

9 FAM 40.21(A) N9 JUVENILE DELINQUENCY

9 FAM 40.21(a) N9.1 Definition
(TL:VISA-29; 01-12-1990)
The Federal Juvenile Delinquency Act (FJDA) defines a juvenile as a "person
who has not attained his 18th birthday" and defines juvenile delinquency as
"the violation of a law of the United States committed by a person prior to
his or her 18th birthday which might have been considered a crime if
committed by an adult."

9 FAM 40.21(a) N9.2 Using U.S. Standards
(TL:VISA-46; 08-30-1991)
A foreign conviction based on conduct which constitutes an act of juvenile
delinquency under U.S. standards, however treated by the foreign court, is
not a conviction for a "crime" for the purpose of INA and, accordingly, may
not serve as the basis for a finding of ineligibility under INA
212(a)(2)(A)(i)(I).

9 FAM 40.21(a) N9.3 Controlling Legislation
(TL:VISA-1; 08-30-1987
The standards embodied in the Federal Juvenile Delinquency Act (FJDA), as
amended, govern whether an offense is considered a delinquency or a crime by
U.S. standards. The FJDA, set forth in 18 U.S.C 5031, was amended by the
Juvenile Justice and Delinquency Act of 1974 (Public Law 93-415) and the
Comprehensive Crime Control Act of 1984 (Public Law 98-473).

9 FAM 40.21(a) N9.4 Two Classes of Juvenile Delinquents
(TL:VISA-46; 08-26-1991)
The Federal Juvenile Delinquency Act (FJDA) differentiates between two
classes of juvenile delinquents. Therefore, each must be analyzed
differently for the purposes of INA 212(a)(2)(A)(i)(I).

9 FAM 40.21(a) N9.4-1 Under Age 15
(TL:VISA-46; 08-26-1991)
Juveniles, who were under the age of 15 at the time of omission of acts
constituting a delinquency, are not to be considered as having been
convicted of a crime. Therefore, no alien may be found ineligible under INA
212(a)(2)(A)(i)(I) by reason of any offense committed prior to the alien's
15th birthday.

9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an
offense will not be considered to have committed a crime, and thus be
ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an
adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1)
as an offense punishable by death or imprisonment for a term exceeding one
year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened
use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a
substantial risk that physical force against the person or property of
another may be used in the course of committing the offense.

9 FAM 40.21(a) N9.5 Juveniles Demonstrating Patterns of Criminal Behavior
(TL:VISA-46; 08-15-1991)
Any case in which an alien's misconduct as a juvenile over a period of time
has demonstrated a pattern of criminal behavior must be brought to the
attention of the examining physician for a possible finding of ineligibility
under INA 212(a)(1).

Regards

"RIDD" <member23074@british_expats.com> skrev i en meddelelse
news:[email protected] m...
    > Hi All
    > Please can anyone tell me is a UK - ABH conviction that resulted in a
    > fine only, classed as moral turpitude? (in 1994)
    > If so can anyone comment on the probability of being issued a B2 Visa
    > for a vacation?
    > Thanks in advance
    > R
    > --
    > Posted via http://britishexpats.com
 

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