visa waiver/criminal record
Mar 16th 2003, 1:33 am
#1
Just Joined
Thread Starter
Joined: Mar 2003
Posts: 1
visa waiver/criminal record
This question involves a very good friend of mine, who intends to
travel with me to the USA for a mutual friend's wedding within the
next two months.
The problem is, he has travelled to the US three times within the past
couple of years under the Visa Waiver Program. He has never had any
problems at port of entry, nor has he overstayed. However, he had a
criminal conviction dating back twenty years commited when he was
seventeen years old. He got into a bad crowd who broke into a couple
of shops and he was convicted of breaking and entering. He wasn't
given any jail time, just a fine and some community service.
When he filled out his green waiver form he ticked 'no' to the
question involving 'Moral Turpitude'. This wasn't through any desire
to mislead the authorities, but because he was led to believe that
Moral Turpitude referred to crimes such as rape, murder, prostitution
etc. He also (mistakingly) believed that because his conviction was
'spent' under British law it wouldn't have to be declared anyway.
I've told him that he is mistaken about not declaring the conviction
(although I may be wrong), and to apply for a visa. He certainly
doesn't intend to mislead the Immigration Services, but is now worried
that if he declares a conviction he'll get a major problem for not
mentioning it previously.
The upshot is that he is now seriously considering not going to the
USA, which would be a shame as I'm sure this offense would not bar
him. I think he should just come clean and explain the
misunderstanding.
Could anyone offer some (non-judgemental) advice on what steps to
take? Any help would be much appreciated!
travel with me to the USA for a mutual friend's wedding within the
next two months.
The problem is, he has travelled to the US three times within the past
couple of years under the Visa Waiver Program. He has never had any
problems at port of entry, nor has he overstayed. However, he had a
criminal conviction dating back twenty years commited when he was
seventeen years old. He got into a bad crowd who broke into a couple
of shops and he was convicted of breaking and entering. He wasn't
given any jail time, just a fine and some community service.
When he filled out his green waiver form he ticked 'no' to the
question involving 'Moral Turpitude'. This wasn't through any desire
to mislead the authorities, but because he was led to believe that
Moral Turpitude referred to crimes such as rape, murder, prostitution
etc. He also (mistakingly) believed that because his conviction was
'spent' under British law it wouldn't have to be declared anyway.
I've told him that he is mistaken about not declaring the conviction
(although I may be wrong), and to apply for a visa. He certainly
doesn't intend to mislead the Immigration Services, but is now worried
that if he declares a conviction he'll get a major problem for not
mentioning it previously.
The upshot is that he is now seriously considering not going to the
USA, which would be a shame as I'm sure this offense would not bar
him. I think he should just come clean and explain the
misunderstanding.
Could anyone offer some (non-judgemental) advice on what steps to
take? Any help would be much appreciated!
Mar 20th 2003, 12:09 am
#2
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
From what I understand to be eligible for the VWP you must be admissible according to 212 of the INA. This act does have some exceptions for people who would otherwise found to be inadmisible under the act:-
(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)
For reasons that would make a person inadmissible, please see the Immigration and Nationality Act at INA § 212 (a));
The link is below :-
http://www.immigration.gov/lpBin/lpe...htm#slb-act212
(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)
For reasons that would make a person inadmissible, please see the Immigration and Nationality Act at INA § 212 (a));
The link is below :-
http://www.immigration.gov/lpBin/lpe...htm#slb-act212
