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  • US VISAS/ESTA and ARREST/ALLEGATION

    Changes to the ESTA question

    The questions changed to:-

    Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

    Have you ever violated any law related to possessing, using or distributing illegal drugs?

    Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage or genocide?

    Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?

    Questions 2 to 4 are quite easy to answer but question 1, probably less so.
    Is there any guidance from US immigration on question 1?

    The Electronic System for Travel Authorisation (ESTA) on-line help, gives the following guidance associated with question 1:-
    ‘This question refers to crimes involving moral turpitude – such offences generally involve conduct which is inherently base, vile or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offence that may affect whether an offence will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act’.
    What is ‘moral turpitude’?

    Our Helpline receives many calls from individuals looking for a definition of ‘moral turpitude’. By looking through the Consular guidance given to officials to help them decide whether to give someone a visa to the US or not, we have been able to identify a number of convictions that would not be classed as ‘moral turpitude’.

    Crimes against property which do not fall within the definition of moral turpitude

    (1) Damaging private property (where intent to damage not required);
    (2) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude);
    (3) Passing bad checks (where intent to defraud not required);
    (4) Possessing stolen property (if guilty knowledge is not essential);
    (5) Joy riding (where the intention to take permanently not required); and
    (6) Juvenile delinquency

    Crimes committed against governmental authority, which would not constitute moral turpitude for visa-issuance purposes

    (1) Black market violations;
    (2) Breach of the peace;
    (3) Carrying a concealed weapon;
    (4) Desertion from the Armed Forces;
    (5) Disorderly conduct;
    (6) Drunk or reckless driving;
    (7) Drunkenness;
    (8) Escape from prison;
    (9) Failure to report for military induction;
    (10) False statements (not amounting to perjury or involving fraud);
    (11) Firearms violations;
    (12) Gambling violations;
    (13) Immigration violations;
    (14) Liquor violations;
    (15) Loan sharking;
    (16) Lottery violations;
    (17) Possessing burglar tools (without intent to commit burglary);
    (18) Smuggling and customs violations (where intent to commit fraud is absent);
    (19) Tax evasion (without intent to defraud); and
    (20) Vagrancy.

    Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude

    (1) Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);
    (2) Illegitimacy (i.e., the offense of begetting an illegitimate child);
    (3) Creating or maintaining a nuisance (where knowledge that premises were used for prostitution is not necessary);
    (4) Incest (when a result of a marital status prohibited by law);
    (5) Involuntary manslaughter (when killing is not the result of recklessness);
    (6) Libel;
    (7) Mailing an obscene letter;
    (8) Mann Act violations (where coercion is not present);
    (9) Riot; and
    (10) Suicide (attempted).

    How should I answer question 1?

    If your offence is one of those listed above, you can answer ‘No’ to Question 1 on the ESTA application form as it would not be classed as an offence involving ‘moral turpitude’.
    A lot of the offences listed above are fairly easy to match with a UK equivalent but there are others which are a lot more difficult to interpret. If in doubt, you would need to contact the US Embassy – we’re unable to provide categorical answers to whether a particular offence is classed as moral turpitude or not.
    Last edited by LondonTeacher; 23 August 2016, 12:37 PM. Reason: Spaces

  • #2
    Crimes involving moral turpitude are grouped into three general categories.

    They are:
    Crimes committed against property (for example, arson, blackmail, burglary, larceny, robbery, fraud, false pretences, theft, receiving stolen property);


    Crimes committed against governmental authority (for example, bribery, tax evasion, perjury, fraud against government functions); and


    Crimes committed against persons, family relationships, and sexual morality (for example, serious assaults, gross indecency, lewdness, kidnapping, contributing to the delinquency of a minor, murder, voluntary manslaughter, rape).

    Comment


    • #3
      Is it not an extremely straightforward answer?


      Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

      An arrest for a crime that never happened and obviously did not result in serious harm to another person.

      For a false accusation, is not the answer a straightforward 'no'. Or am I missing something?

      Comment


      • #4
        If you have been arrested for something that is entirely false, you still have to tell them. If you do not, and they find out you could be in serious bother.
        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

        Comment


        • #5
          Originally posted by stalked View Post
          Is it not an extremely straightforward answer?


          Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?

          An arrest for a crime that never happened and obviously did not result in serious harm to another person.

          For a false accusation, is not the answer a straightforward 'no'. Or am I missing something?
          It's an ambiguous question that still needs answering. RightsFighter is right in that if you answer the question in a way the Immigration officers INTERPRET as misleading, you can be in serious bother.

          Perhaps it would be worth either calling the American Embassy for advice and/or answering yes on the form and writing in that it was a false accusation with no harm happening.

          It's also worth considering that the fuss and bother of applying for a full visa would be worth it as it will address the issue and deal with it ahead of time. If countries excluded all tourists who had ever been arrested no matter what the outcome, they would lose a lot of business!
          'Mongolian Warriors had the courage of lions, the patience of hounds, the prudence of cranes, the long-sightedness of ravens, the wildness of wolves, the passion of fightingcocks, the keenness of cats, the fury of wild boars and the cunning of foxes.' BE A MONGOLIAN WARRIOR WHEN DEFENDING YOUR INNOCENCE!

          Comment


          • #6
            If you have been NFA'd or acquitted then get in touch with your local force and apply for your PNC records to be wiped. Then you can safely answer "No" because there is no record of your arrest having ever occurred on any police system.

            I researched this while in limbo, and a lot of people answer "No" even if they have been arrested for something that didn't result in charges and get by just fine. The amount of data shared between UK police forces and US border control is very, very limited unless you are on a watch / no-fly list. To get to that stage you have to have a record much more extensive than being falsely accused of rape. Although I wouldn't recommend to go down this route for peace of mind!

            If you answer "Yes", you have to get a copy of your police certificate and include it with your visa application, and will have to go for an interview at the embassy. Then you will have to continuously renew visas once they expire.

            You can highlight this issue when applying for PNC record deletion.
            Last edited by TotalNightmare; 23 August 2016, 09:12 PM.

            Comment


            • #7
              I was arrested and charged, but my case was finally thrown out by the judge, I researched in fairly fine detail the ESTA situation as I was going to be visiting America, I read various things online about how not to worry about it, but in the end I decided to go down the line of applying for the 10 year visa.

              I got a police dbs check had to be I think from the past six months, mine was all clear, not even a caution.

              called up Chris my wonderful solicitor who told me I needed to contact the court where my case would of been heard and they gave me a piece of paper to say I had been cleared of all charges, rights fighter might know the official name for that particular piece of paper.

              Filled in the application form online, they ask a lot of questions.... Waited some time, got a date, went to the London American embassy, big que of people, we all went in, my time slot was something like 10.30, waited until at least 11.30 until my number was called, it's set up like a bank inside with teller type windows, anyway handed over my paper work, answered some more questions, was told to sit down and I would be called up again soon with a decision....... Nerve racking at the time...... Anyway I was called up, It was a YES no problem a full 10 year visa, they can in some cases offer no visa or a 1 year visa, I thanked the person and told them how nervous I had been, they said "hey, you had nothing to worry about, you have done nothing wrong" I left the building very delighted and headed home on the train......

              Based on my experience, if you have the funds and are worrying yourself to much, then just bite the bullet, do the paper work job done... For me it was definitely worth it. I think I have had my American visa for around 2 years.

              (typed up on my phone, pls excuse any odd wording mistakes)
              Last edited by soulbug; 24 August 2016, 12:18 AM.

              Comment


              • #8
                Originally posted by TotalNightmare View Post
                If you have been NFA'd or acquitted then get in touch with your local force and apply for your PNC records to be wiped. Then you can safely answer "No" because there is no record of your arrest having ever occurred on any police system.

                ..........................

                If you answer "Yes", you have to get a copy of your police certificate and include it with your visa application, and will have to go for an interview at the embassy. Then you will have to continuously renew visas once they expire.

                You can highlight this issue when applying for PNC record deletion.
                If you are fortunate enough for the PNC to be "wiped" of your records then great. Unfortunately, many people go down that route and fail miserably.

                Thanks Soulbug for your input too. His wonderful solicitor Chris is of course Chris Saltrese - contact details in my tagline.
                People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                Comment


                • #9
                  RF Just wondered if you knew what that piece of paper (official name) was called from the court that Soulbug mentions to,ask for from the court as I would like this in case OH needs a visa to go to USA.

                  Comment


                  • #10
                    Certificate of finding - or similar. I am working on am appeal at the moment and the "Certificate of Finding of Guilt is in there..... rather sad given it looks as though he is innocent.....
                    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

                    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

                    Comment

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