Travelling to the USA

[stpatsgael]

I've booked a holiday later this year where I have to travel through the states. I've recently found out I need to apply for a visa waiver through an online esta form, on which it asks the question "have you ever been convicted of a crime of moral turpitude?" Or similar words to that affect.

My problem is that I have a criminal record but I dont know if it is a crime of moral turpitude! So I was wondering if I just tick 'no' on the form is there any way the US customs and immigration can find out about my record when they take fingerprints and scan my passport upon entry? Has anyone had any similar experiences recently or does anyone know what information they can see when they scan your passport etc? (I hold an Irish passport).

Any advice would be greatly appreciated as I have been researching this online for quite a while and I cannot find any definitive answers.

[Tonto]

http://www.state.gov/documents/organization/86942.pdf

Going to America myself; I love how they ask questions specifically about war crimes associated with Nazi Germany and it's allies on the form too!

[Milltown Row2]

Aye, noticed that also, have no criminal record so didn't click on it, was wondering what it meant also.


From Wikipedia, the free encyclopedia
Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals."[1] It appears in U.S. immigration law from the nineteenth century.[2] In other common law jurisdictions it is dated or obsolete.[3]

The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man."[4]

The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, prior conviction of a crime of moral turpitude (or in some jurisdictions, moral turpitude conduct, even without a conviction) is considered to have a bearing on the honesty of a witness and may be used for purposes of witness impeachment.[5] Second, moral turpitude offenses may be grounds to deny or revoke a professional license such as a teaching credential,[6] license to practice law,[7] or other licensed profession. Third, it is of great importance for immigration purposes, as offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.[8]

[Puckoon]

Check out visajourney.com. It's a discussion board based on the real life experiences of all sorts of immigrants to the US, and is bound to have some good advice for you. I only found the website the night before my green card interview, wish I'd had heard of it earlier in the process, it would have put my mind at rest quicker.

[stpatsgael]

Thanks very much for the replies. I'll check out that visajourney.com website and hopefully find something there. From reading the above posts I don't think my record does come under the 'moral turpitude' category. I honestly can't see them being able to access everyones record though, but I would love to know exactly what information they can access!

[laoislad]

What age did she tell you she was stpatsgael?

[Puckoon]

In general terms, a crime of moral turpitude refers to a crime that encompasses a base or vile act. The case law interpreting the term "moral turpitude" is not always consistent. However, the following offenses, whether charged as felonies or misdemeanors, are of the type that have typically been found to be crimes of moral turpitude:

* crimes which involve either an intent to defraud or an intent to steal as an element;

* crimes which involve an element of intentional or reckless infliction of harm to persons or property;

* sex crimes, in which "lewd" intent is an element.

Additionally, felonies and some misdemeanors in which malice is an element are commonly held to be crimes of moral turpitude.

Serious offenses, such as murder, voluntary manslaughter, kidnapping, sexual assault, robbery, buglary, larceny, aggravated assault, prostitution, and even shoplifting have been held to involve moral turpitude.

[Tony Baloney]

Tell us what you did and we'll decide 

[stpatsgael]

Lol laoislad you caught me there!! I have a conviction for assault occasioning actual bodily harm (ABH) from about 7 years ago.

[Oraisteach]

So you're from Meath then?

[Sandy Hill]

So you're from Meath then?

[Family guy]

A little of topic,but if one was to over stay there visa by like 2 years how long would they expect to be banned foe from returning to that country?I thought it was 3 years but not sure if its 3 years from you left that country or tried to get back in

[Puckoon]

Either 10 or 3 years depending on the length of overstay (USA).

[Family guy]

overstayed by 2 years,home 2 years now and the girlfriends looking to go on a holiday.Do you know when the ban would have started from puck or how have you any idea how i would find out?

[trueblue1234]

I'll take her if you want.


Oh, but rule 1 first!!