Visa waiver program/ESTA and crimes involving moral turpitude
My husband was previously (2011,2013,2014) issued a B2 visa after having his ESTA application denied due to the moral turpitude question. He was given a B2 visa and we have travelled to the USA four times on this visa. This visa has since expired.
When doing my own ESTA now, I have noted that the question of moral turpitude has been removed from the ESTA application, so my husband should now pass the application. If he does so, will he be questioned or denied entry upon arrival in Hawaii as to why he previously had a B2 but now has an ESTA?
Also, for the question "Have you ever been denied a visa?" his answer is "no", isn't it? Because he was denied ESTA but granted a B2? He was never denied the B2 or entry to the USA previously. Only the ESTA was denied.
Best Answer
The moral turpitude question hasn't been removed so much as reworded. Presumably this was because few people actually know what turpitude means, much less whether a given crime involves moral turpitude, perhaps unless the person in question is a US immigration lawyer.
The current question seems to be
Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
If the crime that prompted your husband to answer yes to the moral turpitude question truly, honestly did not result in serious damage or harm, then he should be okay applying for ESTA. Don't be surprised if they look at his previous ESTA refusal and refuse this one too, but then again they might look at his visas and grant the ESTA.
Will he be questioned or denied entry ipon arrival In hawaii as to why he previously had a B2 but now has an esta?
He might be. If he is questioned, he should just answer everything honestly and be forthcoming about his history (as I presume he was in previous visa applications and applications at the border for admission to the country).
Also the question have you ever been denied a visa his answer is no is t it because he was denied the VWP but granted a B2 ? He was never denied the b2 or entry to the usa previously only the VWp
Actually, he wasn't even denied the VWP; he was denied ESTA. And, as the US goes to great pains to point out, ESTA is not a visa. So yes, his answer to the question were you ever denied a visa is no.
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What convictions stop you entering America?
Crimes of Moral Turpitude- Passing bad checks.
- Assault causing bodily harm, or with intent to cause harm.
- Assault with a weapon.
- Assault with intent to cause bodily harm.
- Aggravated Assault. ...
- Sexual assault.
- Theft.
- Burglary.
Can I get a US visa with a criminal record?
In cases where an arrest resulted in a conviction, you may be permanently ineligible to receive a visa and will require a waiver ineligibility to travel to the United States. The Rehabilitation of Offenders Act does not apply to United States visa law.Can I go to America with criminal damage?
If you have a criminal record, you may not be eligible to travel under the VWP. The ESTA form asks applicants for the following information: Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?What is considered moral turpitude?
A phrase that describes wicked, deviant behavior constituting an immoral, unethical, or unjust departure from ordinary social standards such that it would shock a community.EU to implement visa waiver program for travellers
More answers regarding visa waiver program/ESTA and crimes involving moral turpitude
Answer 2
As phoog's answer says, the question was reworded. However, I have to say you should ask a US immigration lawyer about this before attempting it. If you've successfully gotten B2 visas in the past by being upfront, the last thing you want to do is lie on an ESTA application (in the eyes of US immigration) and become inadmissible due to different interpretations of whether a particular crime does or does not involve moral turpitude.
You didn't say what the crime involving moral turpitude was, but even if most people would consider it not to cause serious damage or harm (such as carrying a small amount of marijuana for personal use), US immigration may find that you still should have answered "yes" to the new wording.
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