anyone confessed

[Boiler 44,858]

Is it a CIMT?

[bsp 32]

To OP, just disclose it and make sure you have your subject access report ready at the interview. Based on what you've descrived, it is clearly minor so won't be an issue and with a clear SAR the consular officer will likely tell you everything is ok on the spot if everything else is in order. There's a temptation to ignore minor offences during the process (we certainly thought about it), but if you read the language closely they clearly want full disclosure no matter how minor - assuming you were arrested/detained of course. Best just to get it out in the open so you won't have that nagging doubt at the back of your mind. Just my 0.02c

[bsp 32]

Oh, and by the way, no they don't ask why you didn't disclose it on previous applications (we had J1, H1B and VWP). Don't know if that would be the case if the offence was a CIMT though.

[Boiler 44,858]

????????????

Why would it be relevant of it was not a CIMT?

[nobbie 105]

What is a CIMT when it's at home.

Anyway i intend to tell them and have ordered a subject access anyway, even though the people at ACRO told me there would be nothing on it.

[lost_at_sea 995]

What is a CIMT when it's at home.

Anyway i intend to tell them and have ordered a subject access anyway, even though the people at ACRO told me there would be nothing on it.

I just had to Google it...

http://en.wikipedia.org/wiki/Moral_turpitude#American_Immigration_law

[Boiler 44,858]

Google is your friend.

[nobbie 105]

according to the definitions in the link posted by Lost at Sea, it is NOT a CIMT.

It occurs in the right hand column of the table.

Thanks Lost, makes me feel more comfortable. Just going to tell them as if this goes ok, and that has been my only concern, when I file for AOS I dont want them turning round and saying well you swore etc etc in your London interview.

[Stu4Lee 66]

Well, without having to tell us details, what happened?

If you have a police certificate with "No trace" then you're clean and you shouldn't have anything that requires disclosure.

If you get "No live trace" then you have something on the records that you should declare (and get a subject access report for). Lying about having no record then coming back with a "No Live Trace" certificate would be tricky.

Not true. I don't know where that "myth" started but it is frequently spouted on this site.

Your point about a "no live trace" is absolutely correct.

But I did get a fine, so it did. What I am after is not speculation, but info from someone who has done it. I know people have "no live trace" so they have to say something, so I am not worried about the conviction as it was minor and 33 years ago.

I have seen one guy here who had no trace but told them he had a conviction for driving with no insurance, they didnt care. But I assume he had been to the US on ESTA or visa but I do not know that.

I am not speculating, I have done it.

I admitted to having been arrested and convicted when asked at the medical. The doctor didn't say, "oh I see you have a "no trace" there is no need for me to ask this question" The question was asked and I answered truthfully.

I also answered yes to Q38 on DS-156.

I had a "no trace" too but with a DD conviction from 1984, I went to court and was fined and banned for 12 mths.

When I received my Police cert I fully expected it to be on there but it wasn't. I called ACRO to see if there had been some mistake.

see here http://www.visajourney.com/forums/topic/350185-london-2012-k1s-from-noa2-to-interview-thread/page-16#entry5470947

I was questioned at the medical about my "drink problem", not the conviction, several times during it too.

At the visa interview first window, where docs are handed over, I was asked why had answered yes on the DS form but had a "no trace" Police cert. I explained what ACRO had told me and it was pretty much shrugged off by the person who took the docs to be honest and not even mentioned by the CO, she had another agenda though.

No SAR was asked for or given.

ACRO had told me it wouldn't be on a SAR in any case. Looking back now I guess took a chance not having it as back-up evidence.

I am in no way advising anyone in similar circumstances what to do here. You must make your own judgment call.

How does anyone (Embassy, ESTA, CBP, USCIS) know about it unless you tell them? There is no written record.

Are you suggesting that folk should lie at the medical (because the question is asked there too) and to Q38 on DS-156 ?

I guess it's one for the individual consciense.

[Nich-Nick 3,354]

Are you suggesting that folk should lie at the medical (because the question is asked there too) and to Q38 on DS-156 ?

I guess it's one for the individual consciense.

Not suggesting anything. It was just a question because I couldn't come up with a reason I had researched where they would know.

Your questions at the medical were because of the alcohol. They are charged with determining mental health including addictions. That is specifically why they ask to see a police report and look for drug or alcohol related offenses. Had you said you were arrested for letting the air out of tires or driving without MOT, they wouldn't have been so interested.

[Stu4Lee 66]

Not suggesting anything. It was just a question because I couldn't come up with a reason I had researched where they would know.

Your questions at the medical were because of the alcohol. They are charged with determining mental health including addictions. That is specifically why they ask to see a police report and look for drug or alcohol related offenses. Had you said you were arrested for letting the air out of tires or driving without MOT, they wouldn't have been so interested.

They wouldn't know, it is simply a question of conscience.

Yes, I know why they were asked, that wasn't the point. They were only asked because I answered "yes" to the arrest question.

[Boiler 44,858]

I have seen some weird situations arise where you would think there is no way they could know something, but do.

Assume they know everything about what you do not want them to know and nothing about what you do.

[nobbie 105]

Stu4Lee, many thanks, you have answered most of the question, mine is minor from 1980 so i will just tell them. I doubt very much they will care. But just so people know, your record is held by the cops until you are deemed to be 100 years old. So whilst it does not appear to be there, the cops can see it. If the US ever applied for your full record, and I assume thay can on a case by case basis, it may well appear to them as well. Thats why i think it's wise to cough up and get it over with. Plus when appying for AOS the same stuff will crop up.