theForum

visa application for USA


https://forum.unlock.org.uk/Topic11457.aspx

By Summer - 20 Jan 15 8:55 AM

Hi I would really appreciate any positive advice.

Due to hard work we are now in a position to take our two Young daughters for what is a dream holiday to Disney World Florida!

However, 8 yrs ago my husband made a massive mistake which he has tried to put behind him. I know I can't state what this conviction is but it comes u see moral turpitude!!

I have researched this topic extensively and now feel totally devastated as what I have read basically suggests he will not get a visa. He received a suspended sentence plus community service and has no other convictions. His life has moved on dramatically and we could prove a case of a morally good citizen etc.

Will the embassy instantly say no because it is moral turpitude or look at the length of time since the conviction and all the other positive factors???

Is there anyone who has been in this position and had a positive outcome???

Please any help would be so appreciated as I am devastated that my two girls make be let down!
By Summer - 20 Jan 15 8:55 AM

Actually I think I can say his conviction was for theft.
By Victor H - 15 Dec 13 7:37 PM

Check out the latest unlock info regarding traveling to states:

https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/#1

Also here:

https://forum.unlock.org.uk/default.aspx?f=37&m=25575

Another way to look at it is when you apply for your ESTA form for your holiday trip to USA (https://esta.cbp.dhs.gov/esta/) it ask these questions on the ESTA form (recently changed last month)

2) Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority? *
Yes No
3) Have you ever violated any law related to possessing, using, or distributing illegal drugs? *
Yes No
4) Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide? *
Yes No
5) Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States? *
Yes No

Read the other replies on that first link, seems people are quite confused since any type of offense could be not covered or covered, unlocks guide I believe suggested if you unsure how to answer those above questions then it means it could be Yes so you require an interview for that visa approval. Since these changes to America travel just changed recently its still a bit new to everyone which is why many are confused.

I can't be 100% sure but if the offense was theft, those questions above suggest Assault, Damage, Drugs or terrorism so in my opinion which I can't be 100% sure of it sounds like one would answer No on the ESTA form online and be approved via the ESTA online website and hopefully entry for US. Course don't take it as a firm yes just my opinion which could be very wrong.

Guess we will find out when people start going more on holiday to USA and back.

Post Edited (Damag3d) : 20/01/2015 17:54:42 (GMT+1)
By Summer - 20 Jan 15 8:55 AM

Thank you for this information I will have a look. But on reading those questions our automatic response would be 'no' to all of them and it is only because I have done so much research on this matter that I even know about moral turpitude.
By Victor H - 15 Dec 13 7:37 PM

Somehow posted the wrong link, the new usa travel guide is here:

https://hub.unlock.org.uk/knowledgebase/travelling-america-usa/#1

and also some questions asked here:

https://forum.unlock.org.uk/default.aspx?f=37&m=25575

Yeah I feel the response would be no to all those questions I was doing some digging around since obviously the only 100% way to find out without having a lovely interview and possible rejection is to fill in the ESTA form it does say in their contact us and then faq that they will either authorise travel or decline it saying you will have to apply for visa/waiver instead.

Perhaps you could get a friend to make a general inquiry with them via email ? not sure which other way to do it....guess the more ex-offenders start applying through this new ESTA form we will find out soon.
By sell30 - 20 Aug 14 7:56 PM

Just a further note the following extracts are taken from the U.S. Department of State Foreign Affairs Manual Volume 9
Visas:
Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance:
(13) Theft (when it involves the intention of permanent taking)
As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:
(1) The applicant has been convicted of or has admitted to the commission of only one crime;
(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months
https://www.state.gov/documents/organization/86942.pdf
A jolly good read and a perfect cure for insomnia!
By Summer - 20 Jan 15 8:55 AM

Thankyou, so am I reading that if my husband didn't go to prison and it was only one offence it may not be classed as moral turpitude?? Is that how you would interpret it? It was theft and he did not go to prison but received a suspended sentence? I will need to study it I guess but it was one conviction.

Part of me feels he could just say no on the Esta form as the questions are now worded differently. I just feel very torn on what is the right thing to do but also running the risk of not being able to take my two daughters to Disney World. 😔