Moral turpitude and esta problems

[Mupp N Moo 1]

My Fiance (from the UK) has visited me over a dozen time during the duration of our relationship, using the VWP. However, due to confusion regarding the moral turpitude question on the ESTA, and believing that his two previous convictions (shoplifting in 1980 and burglary + criminal damage in 1981) did not involve moral turpitude, he ticked “NO” to the question relating to criminal offences on the ESTA. It was only recently that we realised that full spectrum of crimes that can fall under the moral turpitude heading Now we have filed our K-1 application and need to know how USCIS will respond to the incorrect ESTA information error when my fiancé attends the interview at the Embassy, and presents his police records.

Our K-1 package just arrived at the drop box today, and we should be really excited that the process is finally starting, but instead we're terrified about the repercussions over the ESTA.

[Rebecca Jo 1,962]

Are you prepared to file a waiver when he has his interview?

[Hypnos 6,576]

Expect problems.

The previous failure to disclose them may be considered material misrepresentation, which can carry a lifetime bar from the US for which you would need to seek a waiver in order to overcome.

Edited August 31, 2013 by Hypnos

[Rebecca Jo 1,962]

Expect problems.

The previous failure to disclose them may be considered material misrepresentation, which can carry a lifetime bar from the US for which you would need to seek a waiver in order to overcome.

*sigh*

It's not the misrep that will cause the denial at interivew. It's the CMIT. The misrep will be another hurdle that will have to be addressed when the waiver is filed. But it won't be the main cause for denial.

[Mupp N Moo 1]

Are you prepared to file a waiver when he has his interview?

Yes, we have the waiver ready, however we're worried that at the interview they'll realize that he has these convictions on his record (in the UK though, they were considered "stepped down", so they don't count against him there, they took place over 20 years ago), and that he had ticked "no" on his esta waiver. That technically is visa fraud and could get him banned from immigrating.

It's just taken us so long to get to the point where we could file for the K-1, it's been such a hard road getting where we are now. It's been such a strain be apart so long, and now it's all in jeopardy as we didn't understand what they were looking for. We're both besides ourselves with grief. We really thought that we were being completely on the up and up.

[johnnyv 20]

He had to go to court for both convictions? This is more of a personal question as I'm curious.

Edited August 31, 2013 by johnnyv

[Rebecca Jo 1,962]

Yes, we have the waiver ready, however we're worried that at the interview they'll realize that he has these convictions on his record (in the UK though, they were considered "stepped down", so they don't count against him there, they took place over 20 years ago), and that he had ticked "no" on his esta waiver. That technically is visa fraud and could get him banned from immigrating.

It's just taken us so long to get to the point where we could file for the K-1, it's been such a hard road getting where we are now. It's been such a strain be apart so long, and now it's all in jeopardy as we didn't understand what they were looking for. We're both besides ourselves with grief. We really thought that we were being completely on the up and up.

Have you prepared this waiver by yourselves?

[Mupp N Moo 1]

He had to go to court for both convictions? This is more of a personal question as I'm curious.

Yes, he did. He didn't spend any time in jail though.

Have you prepared this waiver by yourselves?

No, I was going to look for a good immigration lawyer on Tuesday and get some advice about what to do.

[Rebecca Jo 1,962]

Yes, he did. He didn't spend any time in jail though.

No, I was going to look for a good immigration lawyer on Tuesday and get some advice about what to do.

So....no you have not prepared the waiver by yourselves?

Or you did prepare it by yourself?

[Hypnos 6,576]

*sigh*

It's not the misrep that will cause the denial at interivew. It's the CMIT. The misrep will be another hurdle that will have to be addressed when the waiver is filed. But it won't be the main cause for denial.

Both the CIMTs issue and the possible misrepresentation could be a problem.

OP, an experienced lawyer is probably your best bet; this is beyond the scope of a DIY case.

[Rebecca Jo 1,962]

http://www.scottimmigration.net/content/i601memo