advice please

[ladypaula]

My friend has visited Florida once a year for the last 10 years on the VWP as has never been arrested. However, a year ago she was arrested at her home address as her boyfriend (now ex) was arrested on suspicion of money laundering. (he had bought some "dodgey stained money). At the time of the investigation he was also charged with working whilst claiming incapacity benefit and a whole host of other charges). the police obviously used her in an attempt for him to plead guilty to all his charges. Her original charge was money laundering as he had given her £1000 for xmas which he never referred to in interview and it was only because she answered questions honestly and said this on the police tape. The case went to crown court but was never proceeded with on her charge as the prosecution were happy to accept that she had worked in the same job for 24 years and had paid her taxes. the charge was left on file.

the question now arises about florida. she obviously wont go to florida and lie on the vwp as knowing her luck she will get caught and wont take the risk of ruining everyone's holiday. she asked the barrister for a memorandum of conviction which she had seen mentioned on this site but he said she had not been convicted of anything and told her to just go to America without applying for a visa! he was not familiar with USA policies.

What does everyone advise? How long will the procedure take to sort out and what paper work will be required and from whom, bearing in mind that the case was dropped? She obviously does not have a criminal record but something will be on file somewhere but where?
Any advice and help would be appreciated

[Kazzie]

I may be totally wrong but if she was arrested, regardless that she was never convicted, she would need to apply for a visa. I am pretty sure there is a question on the visa waiver form that asks have you ever been arrested.

Karen

[Albert the Frog]

From what I can see on the visa waiver form it says have you ever been arrested or convicted of a crime involving "moral turpitude"--What the hell is that then??
Well--I found this definition and i think that she would need to get a Visa....but you pays your money and you takes your choice.--I'm no lawyer and feel I should tell you that I think I'm going to be refused if I look the wrong way at the IO

"Crime of Moral Turpitude, 8 U.S.C. § 1251(a)(2)(A)(i)


The term "involving moral turpitude" is difficult to define with precision. However, a challenge to this designation as being unconstitutionally vague has been rejected.
Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), cert. denied 355 U.S. 892 (1958). Administrative case law has characterized moral turpitude as "a nebulous concept, which refers generally to conduct that shocks the public conscience." Obviously, offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. Conspiracy, attempt, or being an accessory involves moral turpitude if the underlying offense involves moral turpitude. There is administrative and judicial case law holding that any crime having as an element the intent to defraud is a crime involving moral turpitude. See Gordon and Mailman, Immigration Law and Procedure, § 75.05[1][d].


A sentence of confinement of one year or more is sufficient even if the sentence is entirely suspended. However, a single crime of moral turpitude in which a sentence of less than one year is imposed would not be a ground for deportation under section 1252(a)(2)(A)(i), but the same offense might provide a basis for deportability as an aggravated felony. "

[blott]

The US Embassy website doesn't distinguish between crimes of moral turpitude or not.

Important: Some travelers may not be eligible to enter the United States visa free under the VWP. These include people who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP. Such travelers must apply for special restricted visas. If they attempt to travel without a visa, they may be refused entry into the United States.

http://www.usembassy.org.uk/cons_new/visa/niv/vwp.html

[Ray9]

The Embassy rules are not actually Law ...
but a attempt to cover all situation ...
The crime is probably a CIMT ... but is a nightmare to
figure these things out sometimes.. But with no conviction????
More info here
http://www.nlada.org/DMS/Documents/1...8/Flachart.pdf

Personally I would apply for the B-2 ..they may well reject it as unecessary...But whats peace of mind worth

[E. Cosgrove]

<blockquote id="quote" class="ffs">quote:Originally posted by Ray9
Personally I would apply for the B-2 ..they may well reject it as unecessary...But whats peace of mind worth
[/quote]
But if she applies for a B2 and is refused she will have to admit that on a visa waiver[msnoo]

[Robert5988]

This is has been raised so many times and it all comes down to an Interpretation of the Visa Waiver(I94-W) wording.

There is no doubt, as Blott states, that the US Embassy website states that if you have ever been arrested that you should apply for a Visa. However there is no requirement for anyone to read that website(and many people still don’t have the internet.) Also, as Ray states, the status of what is written there is questionable. It is patent nonsense for someone arrested, say, in a case of mistaken identity and released with an apology to be ineligible for a Visa Waiver.

So it all boils down to the incomprehensible question on the I 94W that refers to ‘Arrested and/or Convicted - moral turpitude - sentenced to confinement etc etc.

Surely if the US Immigration service meant an arrest(any arrest) had to be declared they would put this on the I 94W and there would be no need for the rest of that question to be included.

If those of us, for whom English is the mother tongue, cannot make sense of the question, how do other nationalities cope?

Personally, in the circumstances described, I don’t think she would be lying if she answered ‘No’ to the relevant question on the Visa Waiver as she has not been convicted of anything.

However as she is worried about the situation she should apply for a Visa but she obviously cannot take a Memorandum of Conviction.

[steph_goodrum]

"From what I can see on the visa waiver form it says have you ever been arrested or convicted of a crime involving "moral turpitude"

As the form stands, if read crrectly,then the only option is to apply for a Visa - whether or not that is granted only the Embassy can decide.

It quite clearly asks "have you ever been arrested OR convicted of a crime involving etc."

If what it ACTUALLY MEANS is "have you ever been arrested FOR or convicted of a crime involving etc. Then the answer would surely be Yes.

Don't forget in US law ignorance is no defence, it is up to anybody who wishes to travel to ensure they know, understand and abide by what is relevant.

Whilst it may be considered a hassle to apply for and go to London for Embassy interview, the money spent will be well worth it if it means peace of mind and not going across the Atlantic and being turned back on a technicality (I know the same can happen with a VIsa).


Since the charge was left on her file, there is a possibilty that there will be a record which is available to the US under some treaty or other and since they take a dim view of money laundering (sometimes) they are more liable to refuse entry, they seem to work on the "no smoke without fire" principal rather than the "innocent until proven guilty" track.

[mizzy]

to find out whether or not prosecution/conviction (subject access) info is held on computer file you can apply from here, there is a fee to pay and forms to fill in so i would telephone them first for details

National Identification Service
Subject Access Office
Room 350
New Scotland Yard
Broadway
London
SW1H 0BG

tel 020 7230 2958

my brother had to go through this process to obtain a memorandom of conviction which is what they ask you for if you apply for a visa and have been arrested/covicted

hope this helps

Mizzy

[Ray9]

<blockquote id="quote" class="ffs">quote:Originally posted by E. Cosgrove
<blockquote id="quote" class="ffs">quote:Originally posted by Ray9
Personally I would apply for the B-2 ..they may well reject it as unecessary...But whats peace of mind worth
[/quote]
But if she applies for a B2 and is refused she will have to admit that on a visa waiver[msnoo]
[/quote]
That is no great problem ..only about 50% of B-2 requests are granted.. most denials are for not required or unecessary
Many people still apply because they think it is necessary