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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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HI, I have been convicted by a court for harassment and

Customer Question

HI,

I have been convicted by a court for harassment and been given 180 hours community work.

Can I still apply for a visa waiver going to the US. Is harassment considered under moral turpitude? and is every conviction the same and needs to be stated and needs a visa
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

In respect of the visa waver programme what an applicant must ensure that you have a clean criminal record and you do not have any personal history which may prejudice your entry to the us.

The fact that you have a criminal conviction does complicate matters, not because of the severity of the conviction but simply because you now have a criminal record.

If you apply under the visa waver programme then if there is an issue with the criminal conviction you may be denied entry to the us. There is a risk with trying to enter in this situation.

What I suggest you do is apply for a visa for the us by applying to the American embassy. The fact is that by applying to the embassy you can disclose your conviction, which you would need to, and state any mitigating circumstances surrounding your conviction in the application form. The fact that the immigration officers will be put on notice of your conviction they will then be able to make an amicable decision taking into account your background. If they then refuse to grant you the visa at least you have not wasted money on tickets etc and get the refusal here.

If you decided to go to the us under the visa waver programme and they refuse to grant you entry then you would have spent even more money and would be sent on the first flight back.

I would therefore advice you to obtain a visa before travelling. Although being convicted does not automatically mean that entry will be refused, I would suggest it would be less of a risk to apply for a visa here and then travel, as the embassy would have granted you the visa taking everything in to account.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.
But i qas thaught by various people that harassment is not under morale turpitude and hence does not need to be disclosed. In the visa waiver it clearly indicates that only some convictions have to beentooned
Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The ESTA visa waiver asks if you have ever been arrested for a crime involving moral turpitude. If you have researched moral turpitude and your crime is not classed as this then you are not lying if you tick no on the form.

However if you are stopped by homeland security and asked if you have ever been arrested you would need to state yes. You should not lie is respect of the crime as this may result in a ban and a fine and having to pay the full fare back to the UK.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

sorry, I am confused.


 


The ESTA is understand, but when you enter the USA you need to fill in the green card that is the visa waiver. I think this is still valid. I mean that there you do not need to state you have been convicted as harassment is not defined under morale turpitude.


 


Could you clarify what you mean by stopped by homeland security and asked if you have been arrested? this does not happen normally

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply. I apologies for the late reply.

Yes you are correct in what you has stated in respect of the card. What I was stating in respect of homeland security was that in the event if you are stopped then you would need to stated you have been arrested.

I know this does not usually happen. But it may happen in some circumstances.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards

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