Visa's with criminal conviction

Caporegime
Joined
12 Mar 2004
Posts
29,913
Location
England
http://en.wikipedia.org/wiki/Moral_turpitude

"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 traveller as to which offences 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 offence."

"Crimes not involving moral turpitude = Firearm violations"
 
Associate
Joined
2 Jul 2009
Posts
1
Sorry to drag up a thread from the distant past, but, Business Man, did you ever get to visit the USA? I am in the exact same situation as you - I have a criminal conviction from 2005 for a technicality over the possession of a blank firer, and I would like to visit America. I owned a blank firer that I bought through a French website in 2001. I didn’t know, until the police turned up on my doorstep more than 3 years later, that the damn thing contravened the Firearms Act of 1968, Part 1, Section 5 (1)(b).

That part of the act reads
A person commits an offence if, without the authority of the Defence Council, he has in his possession, or purchases or acquires, or manufactures, sells or transfers any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing

A police forensic “scientist” deemed that the weapon was capable of firing CS gas cartridges. My barrister argued (but not strongly enough in my opinion) that the gas cartridges that could be chambered in my blank firer could also be chambered in a live firearm, therefore making live weapons illegal under that same section of the Firearms Act. Umarex make and sell these CS cartridges in common calibres:

http://jr-international.fr/cartridge-10-pieces-9mm-tear-gas-for_9MMCS_itm_english.html

To say I was not amused is an understatement. I was given a conditional discharge for 12 months, a conviction, but one of the lowest forms of conviction, and a whole lot of hassle travelling to the States.

I’d be really grateful to know if you were able to get into the US and if you chose the full visa route.

Incidentally, I visited Australia with this spent conviction in 2007. The online/eletronic Australian visa application required for all nonimmigrants, at the time, didn’t require me to declare any convictions. I chose to tick the box to declare a conviction on the landing card, rather than risk ruining my holiday. I was taken aside for 10 minutes and I had to speak to an Immigration Officer and make a brief statement about what my conviction was for, when it happened, and the sentence. That officer then went and made some further enquiries and came back a few minutes later with my passport, and a nice stamp inside. So not too much hassle all in all.
 
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