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iodoughty | 15:06 Wed 27th Mar 2013 | Law
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I want to go to the US with my Partner in November 2013, But in Novermeber 2010, i was charged with GBH without intent (section 20). I want to know if GBH without intent is classed as moral turpitude?? and is it worth risking not declaring it??
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Assault only constitutes 'moral turpitude' if it's: (a) with intent to kill ; or (b) with intent to commit rape ; or (c) with intent to commit robbery ; (d) with intent to commit serious bodily harm ; or (e) with a dangerous or deadly weapon. Other forms of assault do not constitute moral turpitude: http://www.state.gov/documents/organization/86942.pdf...
15:29 Wed 27th Mar 2013
Third time of asking the same question.
Was you just charged or were you tried and found guilty?
This is the 3rd time you have asked this, in various sections of AB.

I'm sure someone will answer you, but you'll have to be patient.
Question Author
I got told to put it into a different subject, i am sorry, but there's really no need to get arsey about it!! yes i did get charged, i pleaded guilty??
No-one is getting arsey, we're simply pointing out that asking the same questions a multitude of times is no more likely to get you an answer.

" but there's really no need to get arsey about it!! "

Weren't you thought manners? When you get turned down at the US consulate would you tell them they are being arsey too?
There are several ABers who are experts on legal matters.
They may not be around at the moment but I am sure they will answer your question as I expect they look under the 'Law' category as a matter of course.
Question Author
i think you mean taught society!!
Question Author
Thanks Yogasun
yes, that what I meant. thanks for the correction.
i missed the 's' in that's too ^^^
Assault only constitutes 'moral turpitude' if it's:
(a) with intent to kill ; or
(b) with intent to commit rape ; or
(c) with intent to commit robbery ;
(d) with intent to commit serious bodily harm ; or
(e) with a dangerous or deadly weapon.
Other forms of assault do not constitute moral turpitude:
http://www.state.gov/documents/organization/86942.pdf

However the US Department of Homeland Security's rules state that anyone who has ever been arrested (even if totally innocent) or convicted of any offence is ineligible to travel under the Visa Waiver Program (i.e. using an 'ESTA'):
http://london.usembassy.gov/vwp3.html
(i.e. you must seek a visa).

You should schedule an interview as soon as possible:
http://london.usembassy.gov/vwp3.html
while seeking an ACRO Police Certificate:
http://london.usembassy.gov/add_crime.html

While the US authorities have no direct access to UK criminal records, a great deal of information is passed on under the guise of 'anti-terrorism' (even, no doubt, when the individuals involved are in no way suspected of terrorist activities). It would be extremely unwise to try to cheat the system.

Chris
OK, if you declare it and apply for a visa you may get one, this may well be considered "moral turpitude" so they could turn you down. So now you are flirting with not saying anything. To be fair it will probably work as they do not have access to British criminal records per se, but if they do get wind then you'll just get sent straight back with no hope of ever going their again.
They do have some access to certain records.
Question Author
So its just not worth the risk??
And thanks

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