Sorry its about Moral Turpitude again!

[netty68]

Hi, sorry I appreciate this question has been asked loads of times, but I really dont understand the full meaning of Moral Turpitude.
I unfortunately was charged with failing to advise the Department of Working Pensions of a change in circumstances. I was never arrested but was taken to Court and given 120 hours community service. Is this moral turpitude? I never had my finger prints taken.
Is this classed as a conviction? Sorry if I am sounding a bit thick but this statement is very confusing. We are looking to go to Florida next year and take our kids for the very first time, the last thing I would want is to get to Customs and they turn me away. If I do have to apply for a visa, which is a small price to pay really for taking the kids to Florida, am I likely to get refused? This happened in 2005 and I have paid back the overpayment. It was a genuine mistake and I have never been in any other trouble before, and have learnt my lesson.

[MarkJan]

Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty, or good morals". 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.

[Robert5988]

The Embassy in London advises this because they refuse(understandably) to get into telephone or written correspondence with visitors. However it is just guidance.

You really need to read the US Immigration website for regulations on Visa Waiver and examples of offences and definitions of Moral turpitude.

The ESTA form gives this guidance:

<blockquote id="quote" class="ffs">quote:Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act.

For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations[/quote]

There is a lot more discussion in this thread:

http://www.orlando-guide.info/forums/topic.asp?TOPIC_ID=42133&whichpage=1

As said above a crime of moral turpitude is a concept and is not defined as such in US Law. However there are plenty of websites that give examples of court ruling on what are NOT crimes of moral turpitude and some really serious offences are not considered to be such a crime.

If it were myself in your position I would have no hestiation in answering No on the form and using the visa waiver.

However that is not advice and it is up to you to read the regulations and make your own decision.