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US Visa denial?

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Monkey669 | 17:28 Mon 04th Jun 2012 | Law
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Dear sir,

I was denied a non-immigration. USA to the US under section 212(a)(2)(A)(i)(I) for crime involving moral turpitude. What I don't understand is that this happened 10 years ago and was at the small end of the scale for which I was fined only. I have also found literature stating:
" exception - Maximum
Penalty for crime doesn't exceed one year and sentence was not more that 6 months"
I still therefore don't understand why? Is it worth reapplying?
Mike
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Unlike the UK, US immigration has very little concept of rehabilitation. Once you've been denied entry on the grounds of moral turpitude, you have (next to) no chance of ever getting into the States legally.

There'd be no harm in reapplying, I suppose, but I'd say that your application will be rejected.
Question Author
Really mate. Seems harsh for what was a small assault thing when I was a youngster. I'm going to try and get an esta instead. I that doesn't work I'll reapply In a few years.
A friend of mine applied for a visa and told them of a conviction (his one and only) from over thirty years ago, the result, denied.
He went through a process which involved a personal appearance at the embassy in London, an interview and when it was all over a "we'll let you know".
They did, about two months later when the event he was planning to travel to was a distant memory.
While one must understand that it's their country and their rules the whole process is both inconvenient and expensive with no guarantee of a timeous or favourable outcome.
I imagine that's a maximum penalty of a year or less - did that apply to your offence?
> I'm going to try and get an esta instead

Er, one of the first questions they ask you is to declare all instances where you have been arrested, let alone convicted.

I presume that you are saying that you intend to lie on the on-line application? I'd seriously advise you not to do that, and to accept the fact that you're NEVER going to get into the States legally unless by some massive miracle they change their entry requirements.

US immigration has toughened up beyond all recognition in the aftermath of the World Trade Center terrorist attack. Prior to that, any attempt to enter the States illegally would almost certainly have resulted in nothing more than having your passport stamped and being deported on the first available flight.

These days, an attempt to enter the States illegally is viewed as an extremely serious federal crime by what they call Homeland Security. There is a chance, of course, that lying on the ESTA application may not be spotted, but there is just as much of a chance that you'll be caught and end up in front of a judge.

Don't do it...
Read this all the way through: http://www.paidtoshop...ndex.php/t-71400.html
Question Author
Thanks for your help. It was a 'waiver of ineligibility' I was denied. Does
Anyone know how good borders are in Mexico or Canada? Maybe I'll go there and just drive over? Want to go to the US to visit my dad who retired to Florida now. Mike
Seriously???

Getting caught at customs is one thing, but if you actually get stopped in the States and they discover you're an illegal alien, you're going straight to jail.

http://www.democracyn...l_judge_rules_u_s_can
I think you may have to accept that it's your dad who'll have to come see you, monkey, not the other way round.
They have exactly the same information about you at Mexican/Canadian borders as they have anywhere else so you won't sneak in that way. (The Canadians have non-criminality requirements too BTW)

There is however a clause somewhere (which I can't be bothered to look up) that says that after 15 years a waiver of ineligibility will normally be granted. So it's worth applying again in another 5 years
a small assault thing? ask your victim if they think that - the us don't have to accept you into their country, and with an attitude like that, i'm not surprised. no....don't bother reapplying - they won't change their minds.

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