Moral Turpitude

[Rushton50 10]

I have been hovering the board and have to say fantastic info here...

I have not seen anything similar to my question and hope that you may be able to help or direct me, My position may seem complicated, but will keep it simple and to the facts...

I am UKC and fiance is USC we want to get married but know we need to apply for the K1 and know we need understanding of the following.

My parents immigrated to canada in 1965 and 4 years later to the usa and I wouldve been 4...by the time I was 13 my parents need to return home and requested assistance from the british conulate general in L.A weeks later it was agreed the consul would assist our return to England and they had green cards taken away and escorted to the airport in 1977. I am currently pursueing any documentation from the office as we speak.

2 months of being in England i was accused of greivious bodily harm to a boy slightly younger than me and it eventually went to court with a conviction, but suspended probationary period, but had frequent visits from a probation officer for a few months afterwards.... I have requested a poice check PNC to see what shows up, but will be honest on the application when the time comes but still feel the need to track down the court files on this if i can to prove my prudence in all aspects of the application and how serious I am of being honest

in the late 1980s wanted to go on holiday to USA and asked the embassy if the assisted removal would affect me and they said no so went and filled in the card on the plane checking no to each question.

few years later went again, but applied for a multiple entry visa as i was going to the behamas and returning to the US after a 2 day cruise and it was approved.

Since then have been many many times and unkowing the meaning of moral turpitude, sumising it was not related to me....I know no exscuse for ignorence, but was my honest assumption and was not aware of applicability to my childhood.

I have been to see my fiance 3 times alone this year and fear that all previous visits are now ileagal entries and may go against me.

Out of intrest do cases of moral turpitude get looked at and still approved for the K1?

any advice greatly appreciated

[Dan J 277]

I have been hovering the board and have to say fantastic info here...

I have not seen anything similar to my question and hope that you may be able to help or direct me, My position may seem complicated, but will keep it simple and to the facts...

I am UKC and fiance is USC we want to get married but know we need to apply for the K1 and know we need understanding of the following.

My parents immigrated to canada in 1965 and 4 years later to the usa and I wouldve been 4...by the time I was 13 my parents need to return home and requested assistance from the british conulate general in L.A weeks later it was agreed the consul would assist our return to England and they had green cards taken away and escorted to the airport in 1977. I am currently pursueing any documentation from the office as we speak.

2 months of being in England i was accused of greivious bodily harm to a boy slightly younger than me and it eventually went to court with a conviction, but suspended probationary period, but had frequent visits from a probation officer for a few months afterwards.... I have requested a poice check PNC to see what shows up, but will be honest on the application when the time comes but still feel the need to track down the court files on this if i can to prove my prudence in all aspects of the application and how serious I am of being honest

in the late 1980s wanted to go on holiday to USA and asked the embassy if the assisted removal would affect me and they said no so went and filled in the card on the plane checking no to each question.

few years later went again, but applied for a multiple entry visa as i was going to the behamas and returning to the US after a 2 day cruise and it was approved.

Since then have been many many times and unkowing the meaning of moral turpitude, sumising it was not related to me....I know no exscuse for ignorence, but was my honest assumption and was not aware of applicability to my childhood.

I have been to see my fiance 3 times alone this year and fear that all previous visits are now ileagal entries and may go against me.

Out of intrest do cases of moral turpitude get looked at and still approved for the K1?

any advice greatly appreciated

The conviction you are talking about occurred when you were still a minor. At least in the US, unless you were tried as an adult (which generally only happens in cases of murder) your record would be sealed and could not be used against you as an adult.

I don't think you should have a problem with this, but you might want to talk to a lawyer.

[Rushton50 10]

The conviction you are talking about occurred when you were still a minor. At least in the US, unless you were tried as an adult (which generally only happens in cases of murder) your record would be sealed and could not be used against you as an adult.

I don't think you should have a problem with this, but you might want to talk to a lawyer.

Howwould this look after saying no on the I-94W?

[Dan J 277]

Howwould this look after saying no on the I-94W?

I don't think it will matter. A juvenile record does not carry over into adulthood, unless tried as an adult.

[Dodi 69]

I agree with the previous replies. Your police certificate will only go back to age 16. If it happened before age 16 it shouldn't matter in this case. Here, most juvenile records (prior to age 17) are sealed, so I don't think they look at foreign juvenile records either.

[Rushton50 10]

So when it asks the quesion in the process of have you ever commited or served a sentence for moral terpitude do I respond with yes? based on my lifetime record or no as an adult??? although the question is Have you ever?

This has me confused somewhat

[Rebecca Jo 1,962]

So when it asks the quesion in the process of have you ever commited or served a sentence for moral terpitude do I respond with yes? based on my lifetime record or no as an adult??? although the question is Have you ever?

This has me confused somewhat

You need to post your question in the waiver forum. There are several Brits there going through the waiver process.

Disregard advice that correlates US law to UK law. They are not one and the same. And disregard whether or not a crime is "spent" or otherwise deleted from the record in the UK. The US does not recognize spent crimes.

Someone in the waiver forum should be able to tell you how juvenile offenses are viewed by the Consulate. And someone there should be able to tell you if you have somehow misrepresented yourself on the visa waiver by ticking NO to crimes of moral turpitude.

If memory serves me there was a member with a similar "record" when we were processing. He had his court records with him on day of interview and I do not recall him having a problem. But I want you to ask your question in an area of the community where you can get better answers than "maybe" or "I think".

[Rushton50 10]

You need to post your question in the waiver forum. There are several Brits there going through the waiver process.

Disregard advice that correlates US law to UK law. They are not one and the same. And disregard whether or not a crime is "spent" or otherwise deleted from the record in the UK. The US does not recognize spent crimes.

Someone in the waiver forum should be able to tell you how juvenile offenses are viewed by the Consulate. And someone there should be able to tell you if you have somehow misrepresented yourself on the visa waiver by ticking NO to crimes of moral turpitude.

If memory serves me there was a member with a similar "record" when we were processing. He had his court records with him on day of interview and I do not recall him having a problem. But I want you to ask your question in an area of the community where you can get better answers than "maybe" or "I think".

Thanks will do that...and sorry for the mispost

[JimVaPhuong 4,863]

Agree with JohnnyQ. Conjecture is not helpful. This has nothing to do with UK or US criminal law, and everything to do with US immigration law.

Crimes of moral turpitude are covered by section 212(a)(2)(A)(i)(I) of the INA. Section 212(a)(2)(A)(ii) lists the exceptions, one of which is:

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

The OP got probation, and wasn't "confined", so the question is whether it's been 5 years since the crime was committed. If so, then the crime is irrelevant.

[Rebecca Jo 1,962]

Thanks will do that...and sorry for the mispost

Oh not a problem!