Criminal Law Is Juvenile Delinquency classified as a Crime Involving Moral Turiptude

[tbarnes]

Hi Guys,

I'm a British citizen and want to go to the US for a two week holiday.

However at the age of 14 I was arrested for shoplifting to the value of £10/$20 and was given a caution (not conviction and non custodial).

This was 13 years ago as I am now 27 and it has been my only offence.

I have had the required police checks done which the embassy asks for when applying for a visa and they have come back all clear with no record of me on the police national computer.

Does this count as a crime involving moral turpitude? And am I right in thinking that juvenile delinquency is NOT moral turpitude? So does this mean I can enter the US on the visa waiver program and truthfully check "No" when they ask if I've ever been arrested for a CIMT?

Thanks for your help and thoughts.

Cheers,

Tom

 

[Michael Wechsler]

I'd speak to an immigration attorney for this one - but as far as I know, even petty theft is considered a crime of moral turpitude. However, I've read that there are exceptions to what may limit entry into the US, such as for petty theft being different than larceny. I've also read that there are waivers, especially since the crime occurred when you were a minor and more than five years prior to the application. General ineligibility is covered in Section 212 of US Immigration and Nationality Act.

If you lie, you definitely will be committing a CIMT. Is it possible that you were charged with delinquency? That the conviction may have been expunged in the UK? There could be good explanations and reasons why you can answer that you have never been actually convicted.

So hopefully this is some insight and either someone else can answer more specifically and speaking with an attorney would probably be advisable to be sure and also can provide a full review of all the details of your case.

 

[rogerrabit]

If mat be a cimt, but petty offences would kick in.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-


(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States,


You can safely tick NO.