I am married to a US citizen and have been for two years this coming November. USICS have said yes. now because of thing that took place 11 years ago and the way it's written here does not good the way the National visa center would see it so a lawyer is telling us.
What I don't understand is, this it took place a 11 years ago so what's got to do with now. Could someone please explan this to me thanks Steve.
I have not seen my wife since she left here to go back to the States FEB 08 and she is a very sick lady.
Use in the Visa Waiver Program
The first question on document I-94W for those visiting the U.S. on the Visa Waiver Program asks:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
No guidance is provided to the traveler as to which offenses are included in the definition; the website of the U.S. embassy in London advises that a visa is required for anyone who has ever been arrested or convicted for any offense.[2].
An arrest that does not lead to a conviction causes a person to be inadmissible to the United States if that arrest was for an offense or crime involving moral turpitude. There are Petty Offense exceptions to this rule, even if convicted. A police caution for cannibis use would also deem a person inadmissible as this would be "a violation related to a controlled substance". There is no special standard of admissibility for the visa waiver program.
[edit] Interpretation of moral turpitude
A definition of moral turpitude is available for immigration purposes on the United States Department of State website.[3]
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
What I don't understand is, this it took place a 11 years ago so what's got to do with now. Could someone please explan this to me thanks Steve.
I have not seen my wife since she left here to go back to the States FEB 08 and she is a very sick lady.
Use in the Visa Waiver Program
The first question on document I-94W for those visiting the U.S. on the Visa Waiver Program asks:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
No guidance is provided to the traveler as to which offenses are included in the definition; the website of the U.S. embassy in London advises that a visa is required for anyone who has ever been arrested or convicted for any offense.[2].
An arrest that does not lead to a conviction causes a person to be inadmissible to the United States if that arrest was for an offense or crime involving moral turpitude. There are Petty Offense exceptions to this rule, even if convicted. A police caution for cannibis use would also deem a person inadmissible as this would be "a violation related to a controlled substance". There is no special standard of admissibility for the visa waiver program.
[edit] Interpretation of moral turpitude
A definition of moral turpitude is available for immigration purposes on the United States Department of State website.[3]
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
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