VISA WAIVER PROGRAM TO USA
Page 3.
Discuss VISA WAIVER PROGRAM TO USA, on the Immigration & Customs forum of FrequentFlyer.com.au, the home of frequent flyers.
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His application was declined under Section 212(a)(2)(a)(i)(I) of the Immigration and Nationality Act, and section that relates to his problem states:
(2) CRIMINAL AND RELATED GROUNDS.-
(A) CONVICTION OF CERTAIN CRIMES.-
(i) IN GENERAL.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or (then next section)
It looks like we are going around and around with this one, but the point is he has not been convicted of any offence, has not admitted having committed any acts which constitute etc etc as above, so back to square 1.
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I think that if he really wants to go to the USA, he will need to see a lawyer and discuss it with him the possibility of appeal, unless there is a lawyer on this forum who is knowledgable about US immigration laws
The fact that he was found guilty of the offence , whether or nor the conviction was recorded, I would think would ( and indeed should imo ) count under the Immigration laws. If it didnt, it would be unfair to those that live in most countries where people who are found guilty of a crime are necessarily convicted
Personally, I would have thought that with the cost of a lawyer, it would just make more sense to just rearrange the holiday to go elsewhere
Doing a look into Moral Turpitude (from the Handbook of Criminal Evidence by Davis ) it does say ( for Georgia)
It has been held that the following offenses are crimes involving moral turpitude:
• Fraud or false pretenses in obtaining something of value
• Larceny or a misdemeanor theft by taking
• Larceny after trust
• Murder
• Soliciting for prostitutes
• Voluntary manslaughter
• Sale of narcotics or other illegal drugs
• Pattern of failure to file federal tax returns in years in which taxes are due
• Criminal Issuance of a bad check
• Making a false report of a crime
I can't hold on any longer. Sorry guys.
"Murder" followed by "soliciting for prostitutes". :? Now that is chalk and cheese. Reminds me of the days when murder and stealing a loaf of bread were treated the same.
Is this the full list? There seems to be some other serious crimes missing from it.
Doing a look into Moral Turpitude (from the Handbook of Criminal Evidence by Davis ) it does say ( for Georgia)
It has been held that the following offenses are crimes involving moral turpitude:
• Fraud or false pretenses in obtaining something of value
• Larceny or a misdemeanor theft by taking
• Larceny after trust
• Murder
• Soliciting for prostitutes
• Voluntary manslaughter
• Sale of narcotics or other illegal drugs
• Pattern of failure to file federal tax returns in years in which taxes are due
• Criminal Issuance of a bad check
• Making a false report of a crime
I can't hold on any longer. Sorry guys.
"Murder" followed by "soliciting for prostitutes". :? Now that is chalk and cheese. Reminds me of the days when murder and stealing a loaf of bread were treated the same.
Is this the full list? There seems to be some other serious crimes missing from it.
So it looks like under US Law, if you commit First or Second degree murder, you cannot enter, but if its 3rd degree, your OK...
This is a good news story. "Drunk Teen refused Visa to USA for Folk Lift Joyride"
I do think its more a breakdown of a single US INS person in Sydney not using his brain, than the whole system. But then again.........
I actually don't get the point of it all.
I mean if a person were guilty of any of those offences, surely they'd tick NO and keep their mouth shut and slip in unnoticed.
The US wouldnt have any way of checking Australian records would they?
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