quote:

---

Originally posted by Robert5988

quote:

---

Dont worry about robert, we are used to him getting his knickers in a twist Thansk for posting some helpful info.

---

Regular readers will also be getting used to Martin taking every opportunity to get in a ‘dig’, for earlier disagreements we have had, with such typically unconstructive remarks, together with a obsequious compliment to the OP – its just his style!

To the OP. On reflection I do agree with Roger that my earlier post was harsh, and so apologise for the tone; however I think you should be aware of the background.

All anyone wishing to enter the USA on a waiver needs to do is answer ‘No’ to the pertinent question on the I-94W. Any common sense interpretation of that question with its reference to ‘moral turpitude’ and ‘5 years confinement’ would be that it refers to serious offences. That is even for those who have English as their Mother tongue; let alone those from Europe etc who use the same form.

However as so often happens in Forums, there are those who seem to take it delight in looking for every possible semantic (mis)interpretation of the regulations and spreading ‘alarm and despondency’. There are those who seriously argued on this forum that any ‘conviction’ even for the most trivial offence meant a Visa was required. This has unnecessarily caused huge anxiety for many people(yourself being a good example), some of whom have cancelled holidays and others(again like yourself) have gone to a considerable trouble and expense to attend an interview to get a visitors Visa.

If you trawl through the US Immigration website it does not clarify the situation. The US Embassy website however does clearly state that if you have ever been arrested you need a Visa. As many people have discovered, if you call the US Embassy(at £1.50 a min) they will refuse to answer any questions. After we had a discussion on this subject a couple of years ago, I wrote to the US Embassy for clarification. Their reply was that the regulations on the website and the I-94W were self-explanatory; they justified their refusal to answer questions on the phone on the grounds that they would be misquoted.

If we take your specific case. You were in court for a minor offence over 20 years ago. You weren’t arrested and you have since entered the USA twice on a Visa Waiver.

Your posts above agreed with the logic expressed that you could truthfully answer ‘No’ to the question. So what has changed? I suggest nothing except the stupid scare stories that have been put about have got you worried.

If having read the question, it is quite clear that if you feel, for whatever reason, that you cannot truthfully answer ‘No’, then the sensible option is to apply for a Visa.

Whilst an Immigration and Visa lawyer will no doubt be useful in obtaining one of the more difficult Visas, he can only read the regulations on waivers like anyone else and give his OPINION. If you can’t answer ‘No’. what else could he possibly say to you, except go get a Visa?

So advising people to pay money(and you said it wasn’t cheap) to a lawyer, who cannot do other than tell you to apply for a Visa, is IMO plain bad advice.
Meanwhile it will get a whole lot of other people who read this thread unnecessarily worried and add to the Urban Myths on this subject.

---

quote:

---

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(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).

(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 2/ 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 102 of the Controlled Substances Act (21 U.S.C. 802)), 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 chemical, or endeavored to do so; or

(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.

(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 101(h)),

(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.

(F) Waiver authorized.-For provision authorizing waiver of certain subparagraphs of this paragraph, see subsection (h).

(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE ENGAGED IN PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM-- Any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time during the preceding 24-month period, particularly severe violations of religious freedom, as defined in section 3 of the International Religious Freedom Act of 1998, and the spouse and children, if any, are inadmissible.


(H) SIGNIFICANT TRAFFICKERS IN PERSONS-

(i) IN GENERAL- Any alien who is listed in a report submitted pursuant to section 111(b) of the Trafficking Victims Protection Act of 2000, or who the consular officer or the Attorney General knows or has reason to believe is or has been a knowing aider, abettor, assister, conspirator, or colluder with such a trafficker in severe forms of trafficking in persons, as defined in the section 103 of such Act, is inadmissible.

(ii) BENEFICIARIES OF TRAFFICKING- Except as provided in clause (iii), any alien who the consular officer or the Attorney General knows or has reason to believe is the spouse, 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.

(iii) EXCEPTION FOR CERTAIN SONS AND DAUGHTERS- Clause (ii) shall not apply to a son or daughter who was a child at the time he or she received the benefit described in such clause.

(I) MONEY LAUNDERING- Any alien--

(i) who a consular officer or the Attorney General knows, or has reason to believe, has engaged, is engaging, or seeks to enter the United States to engage, in an offense which is described in section 1956 or 1957 of title 18, United States Code (relating to laundering of monetary instruments); or

(ii) who a consular officer or the Attorney General knows is, or has been, a knowing aider, abettor, assister, conspirator, or colluder with others in an offense which is described in such section;

is inadmissible.

(3) Security and related grounds.-

(A) In general.-Any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in-

(i) any activity (I) to violate any law of the United States relating to espionage or sabotage or (II) to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information,

(ii) any other unlawful activity, or

(iii) any activity a purpose of which is the opposition to, or the control or overthrow of, the Government of the United States by force, violence, or other unlawful means, is inadmissible.

---

quote:

---

Originally posted by Robert5988

quote:

---

prepare myself for the intense interrogation by immigration as to the real reason I have a visa !!

---

quote:

---

pushing and shoving between two teams whilst playing cricket

---

Tell them you were playing cricket and this guy had just bowled a maiden over.

They will think you were being chivalrous

---