On Mon, 26 Mar 2012 00:39:44 +0100, Michael Swift
<
mike....@yeton.co.uk> wrote:
>In article <
3o1vm7pgabpnqm2fc...@4ax.com>, Alex Heney
><
m...@privacy.net> writes
>>>> But if he now wants to go to the USA, he will have to apply for a
>>>> visa and cannot take advantage of the visa waiver scheme since they
>>>> seem to regard an arrest as seriously as we regard a conviction.
>>>
>>>Correct
>>
>>No it wasn't.
>>
>>It is only arrests for "crimes of moral turpitude" which have that effect.
>>Driving crimes don't normally count as such.
>
>Yes it was, he was arrested, visa waiver not allowed.
Wrong.
The official requirement is that you don't fall into the "ineligible"
categories under S212(a) of the US Immigration and Nationality Act
https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#WP5
And that says (only the part relating to criminality quoted):
=====================================================
(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
(II) a violation of (or a conspiracy or attempt to violate) any law
or regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), is inadmissible.
(ii) Exception.-Clause (i)(I) shall not apply to an alien who
committed only one crime if-
(I) the crime was committed when the alien was under 18 years of age,
and the crime was committed (and the alien released from any
confinement to a prison or correctional institution imposed for the
crime) more than 5 years before the date of application for a visa or
other documentation and the date of application for admission to the
United States, or
(II) the maximum penalty possible for the crime of which the alien
was convicted (or which the alien admits having committed or of which
the acts that the alien admits having committed constituted the
essential elements) did not exceed imprisonment for one year and, if
the alien was convicted of such crime, the alien was not sentenced to
a term of imprisonment in excess of 6 months (regardless of the extent
to which the sentence was ultimately executed).
(B) Multiple criminal convictions.-Any alien convicted of 2 or more
offenses (other than purely political offenses), regardless of whether
the conviction was in a single trial or whether the offenses arose
from a single scheme of misconduct and regardless of whether the
offenses involved moral turpitude, for which the aggregate sentences
to confinement 2/ were 5 years or more is inadmissible.
(C) 2a/ CONTROLLED SUBSTANCE TRAFFICKERS- Any alien who the
consular officer or the Attorney General knows or has reason to
believe--
(i) is or has been an illicit trafficker in any controlled substance
or in any listed chemical (as defined in section 102 of the Controlled
Substances Act (21 U.S.C. 802)), or is or has been a knowing aider,
abettor, assister, conspirator, or colluder with others in the illicit
trafficking in any such controlled or listed substance or chemical, or
endeavored to do so; or
(ii) is the spouse, son, or daughter of an alien inadmissible under
clause (i), has, within the previous 5 years, obtained any financial
or other benefit from the illicit activity of that alien, and knew or
reasonably should have known that the financial or other benefit was
the product of such illicit activity, is inadmissaible.
==============================================
--
Alex Heney, Global Villager
"Freedom defined is freedom denied." -The Illuminatus