Technology6 mins ago
Travelling to the us with a Criminal Record and a VISA
7 Answers
I am off to the US in a few weeks time and as I have a Criminal Record I got a VISA. Can anyone tell me if I will have any problems getting into the US even though I have a VISA? I want this upcoming holiday to be special and dont want to worry about getting in.
Answers
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http://en.wikipedia.org/wiki/Moral_turpitude
If you go to the above link and find the word "web site" after US State department's - I think this link gives the definitive answer on what is considered to be moral turpitude:
Interpretation of Moral Turpitude
The actual definition of moral turpitude is a lot narrower than many people think, and there is a full definition available for immigration purposes from the US State department's web site. The following is based mainly on material from that source.
http://www.travel.state.gov/visa/visa_1750.htm l
http://www.law.cornell.edu/uscode/html/uscode0 8/usc_sec_08_00001182----000-.html
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).
continued...
If you go to the above link and find the word "web site" after US State department's - I think this link gives the definitive answer on what is considered to be moral turpitude:
Interpretation of Moral Turpitude
The actual definition of moral turpitude is a lot narrower than many people think, and there is a full definition available for immigration purposes from the US State department's web site. The following is based mainly on material from that source.
http://www.travel.state.gov/visa/visa_1750.htm l
http://www.law.cornell.edu/uscode/html/uscode0 8/usc_sec_08_00001182----000-.html
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).
continued...
continued...
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
(C) Controlled substance traffickers
Any alien who the consular officer or the Attorney General knows or has reason to believe�
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or ch
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
continued....
(B) Multiple criminal convictions
Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.
(C) Controlled substance traffickers
Any alien who the consular officer or the Attorney General knows or has reason to believe�
(i) is or has been an illicit trafficker in any controlled substance or in any listed chemical (as defined in section 802 of title 21), or is or has been a knowing aider, abettor, assister, conspirator, or colluder with others in the illicit trafficking in any such controlled or listed substance or ch
(ii) is the spouse, son, or daughter of an alien inadmissible under clause (i), has, within the previous 5 years, obtained any financial or other benefit from the illicit activity of that alien, and knew or reasonably should have known that the financial or other benefit was the product of such illicit activity, is inadmissible.
continued....
continued...
(D) Prostitution and commercialized vice
Any alien who�
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Any alien�
(i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101 (h) of this title),
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,
is inadmissible.
(D) Prostitution and commercialized vice
Any alien who�
(i) is coming to the United States solely, principally, or incidentally to engage in prostitution, or has engaged in prostitution within 10 years of the date of application for a visa, admission, or adjustment of status,
(ii) directly or indirectly procures or attempts to procure, or (within 10 years of the date of application for a visa, admission, or adjustment of status) procured or attempted to procure or to import, prostitutes or persons for the purpose of prostitution, or receives or (within such 10-year period) received, in whole or in part, the proceeds of prostitution, or
(iii) is coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution,
is inadmissible.
(E) Certain aliens involved in serious criminal activity who have asserted immunity from prosecution
Any alien�
(i) who has committed in the United States at any time a serious criminal offense (as defined in section 1101 (h) of this title),
(ii) for whom immunity from criminal jurisdiction was exercised with respect to that offense,
(iii) who as a consequence of the offense and exercise of immunity has departed from the United States, and
(iv) who has not subsequently submitted fully to the jurisdiction of the court in the United States having jurisdiction with respect to that offense,
is inadmissible.
Thanks for your help!!!! I was given community service for a minor offence so I assume I should be ok. I hope as well that most of the "Pre-checks" were done during my VISA application so i shouldn't be grilled too much in the states. Do you think I will be ok or can I take some proof of residency in the uk with me?
Make sure you get the right form on the plane - you don't want the green one (I94W) but an I94 - no W - I think it's white but I'm not sure.
It will not ask all the questions about a criminal record - these have already been asked and dismissed as irrelevant by granting you a visa.
Expect questions about why you are visiting (holiday), where and how long you are staying. If they are happy with your answers, they probably won't ask anything else.
BBWCHAT's answer, whilst 'correct', is totally irrelevant to your situation now you have a visa.
It will not ask all the questions about a criminal record - these have already been asked and dismissed as irrelevant by granting you a visa.
Expect questions about why you are visiting (holiday), where and how long you are staying. If they are happy with your answers, they probably won't ask anything else.
BBWCHAT's answer, whilst 'correct', is totally irrelevant to your situation now you have a visa.
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