Visa waiver program/ESTA and crimes involving moral turpitude

Upvote:1

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.

Upvote:5

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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