Visa Waiver Program Any Changes ??

[ccarcher]

Looking for thoughts or any help / advice

Just wondering when the Visa Waiver Program was introduced and any changes over the last 12 years which may affect my own circumstances

I've been to Florida now around 8 time over a period of 30 years since I was a kid around 10, the last time was for Christmas 95 when I was 29 and prior to that May 93 (Aged 27)

Now 41 and returning with my own children in July for 4 weeks cant wait, and cant believe its 12 years since my last visit

The reason for my question is that I have had no problems previously with immigration, but theres an incident in the back of my mind which is bugging me

Over 20 years ago I think I was around 22 but I can hardly recall it

I was involved in what at the time was a handbags at 10 paces, pushing and shoving between two teams whilst playing cricket after being struck with the ball

I ended up in what I think was the local magistrates court, and having to pay a member of the other team compensation for his apparent injuries (to this day is questionable as to who caused them)

Anyone else would of probbaly not even bothered with it, but he worked as a barrister it turned out and knew the law, so took it to court, knowing he would receive compensation for his apparent injuries (I think around £100)

I honestly dont know if it resulted in a criminal record or not, and it has never caused me a problem either in the UK or US previously, and never worried about it or been in court since

Any thoughts would be appreciated, dont want it to suddenly come up and mess up what will be a fantastic first holiday for my children of 5 and 4 in Florida

I think having been to Florida on at least 2 occassions since the incident, that it is obviously overlooked or of little importance

Am I making a mountain out of a molehill

[Robert5988]

All you need to do is read the relevant question on the I94W - there is a copy on this forum - and if you can answer 'No' you are OK

The main criteria is were you arrested? The second issue is was it for a crime of 'moral turpitude'.(and, although it is not possible to accurately define that term, it means a serious offence)

As you have explained it, there is absolutely no reason for you not to travel on a Visa Waiver.

Do not phone the Embassy as they will refuse to discuss the matter and you will be required to attend for an interview.

[ccarcher]

Thanks for that Robert

Your thinking is along the same lines as mine, I did think that by contacting the embassy or police I could be opening up a whole can of worms

Moral turpitude does seem rather difficult to define, and certainly appears to be for crimes more sinister and nastier than a few cricket players pushing an shoving

And certainly as the form suggests to the best of my knowledge I have not been involved in a crime of Moral turpitude, and can answer NO

whilst not knowing is no defence, from this description that I found, I honestly dont believe it relates to me

It has been held that the following offenses are crimes involving moral turpitude:
• Fraud or false pretenses in obtaining something of value
• Larceny or a misdemeanor theft by taking
• Larceny after trust
• Murder
• Soliciting for prostitutes
• Voluntary manslaughter
• Sale of narcotics or other illegal drugs
• Pattern of failure to file federal tax returns in years in which taxes are due
• Criminal Issuance of a bad check
• Making a false report of a crime

The following have been held to be offenses which are not crimes involving moral turpitude:
• Public drunkenness
• Driving under the influence
• Carrying a concealed weapon
• Unlawful sale of liquor
• Fighting
• Simple Battery
• Simple Assault
• Misdemeanor criminal trespass
• Child abandonment
• Misdemeanor offense of escape
• Misdemeanor offense of obstructing a law enforcement officer
• The federal misdemeanor offense of Conspiracy in Restraint of Interstate Trade and
Commerce
• Possession of less than one ounce of marijuana
[This is taken from Handbook of Criminal Evidence by Davis, 2000 edition.]

[blott]

But were you arrested as that's one of the crucial questions?

[ccarcher]

To me and maybe I am wrong it reads

"Arrested or convicted of a crime of Moral Turpitude"

not just arrested

[blott]

Mmmm... it's not an 'and', it's an 'or' as in either or I think you'll find.

In other words, it doesn't mean 'arrested AND convicted of a crime of moral turpitude'. it means 'have you ever been arrested... OR convicted of a crime of moral turpitude'.

[Snapper]

Gotta admit, I've always read it the other way ...

... ever been arrested for a crime involving moral turpitude OR ever been convicted of a crime involving moral turpitude.

Hmmmmm!

[DiannaUK]

It seems a little harsh if you have been arrested, but then released and not charged because they decided you weren't guilty of anything but you have to declare this and can't take advantage of visa waiver.

I interpret it as arrested or convicted of moral turpitude, not just arrested on anything else but then I'm no expert.

Dianna

[Robert5988]

We have had this discussion in countless threads.

The words on the I94-W are simply ambiguous. When you start delving into Embassy regulations it is even more convoluted.

Bear in mind that this is the very same form that is used for all Nationalities - many of whom do not speak 'proper English like whot we does'. If we can't understand what it means, what chance have they got?

If the intent was simply to find out if you have been arrested, why would they not put "have you ever been arrested?"
What is the point of even mentioning 'moral turpitude' or terms of confinement etc etc?

Leaving the technicalities apart, surely we must use common sense here. It clearly is not the intent to bar persons convicted of a minor offence. If the OP tried to find details of his offence, it pretty certainly wouldn't be on any police record or indeed court record.

[blott]

There are a lot of 'or' questions on the visa waiver form, all forming part of the same question. http://www.orlando-guide.info/forums/topic_14753.asp

In fact, the 'or' questions aren't just limited to that one question and appear in most of the sections.