Is there a legal definition of African-American in the US?

US immigration laws/Green card with criminal history.

• A question on US immigration laws. A little bit of background: I have a friend 'Bob' who approximately 8 years ago he committed a crime in the UK in which the end result was a prison sentence of 3 years (18 months served) for assault. Due to many legal delays this sentence was not carried out until 2 years after the event. First offense, and Bob is 29 years old now. Crime committed: 1995 Court hearing: 1998 - sentenced to 3 years Released: 1999 (18 months served) Current day: Bob runs an IT business in the UK which works exclusively for one client in the USA the director of which is also a good friend. Bob has visited the USA twice already for a holiday without getting a Visa (using the Visa-waiver system). Bob is aware he may not apply to the Visa-waiver system because of his history but just keeps his mouth shut. Bob has now been offered a generous offer to live and work in the US for the client company directly (the company directors who are US citizens are fully aware of Bobs history as above and are willing to assist him in any way they can). Bob is interested and has asked my help to find some definitive information so he can evalutate what to do. (I don't have a clue - and he's paying for the question so here we are... :) ) I have managed to find out so far that as far as entry to the US is concerned a disclaimer must be signed for Immigration stating a person has never been convicted of 'moral turptitude' (whatever that is ...) or more than 1 offense which the total sentence (if any) was more than 5 years. Depending on what 'moral turptitude' is he may be breaking the law when he travels there on holiday (I don't know) I've also read some of the statements on the US embassy web site with regards to gaining a green card (which obviously is treated very differently from a visit), and that anyone with a criminal record is already excluded (and must apply for a US pardon or suchlike) although I admit a lot of the site dealt with many references to US forms and laws which I have no information on. (http://www.usembassy.org.uk/cons_web/visa/iv/ivindex.htm) Bob wants to move to the USA for the dream job. At the moment he is unsure if he is breaking the law during his 'holiday' visits and obviously if moving there perminantly he wants it all to be legitimate and legal. My question on this topic has three parts: 1. What for him would be involved in getting a green card and is he generally stuffed per se .. ?? (I think he is but research is not my forte). He isn't afraid of jumping through immigration hoops however he is concerned that applying for the green card (and being turned down) would prevent him entry again using his current method. 2. What is the official definition of 'moral turptitude' in this regard - (i.e. is he already breaking the law?) 3. Any/all other info/advice that may be relevent to Bob/his situation that he can use? If clarification of any of the above is required thats no problem. Thanks

• Answer:

  <I am not a lawyer so can only give you the benefit of my research. Bob will need the services of an immigration lawyer who can be found through the American Immigration Lawyers Association. A maximum of $100 will be charged for a half hour consultation. All lawyers participating in this service are licensed to practice law in a state or territory of the United States and are currently a member in good standing of a State Bar Association. http://www.aila.org/contentViewer.aspx?bc=16 With a lawyers help, an application can be made for the conviction to be waived in relation to a green card application. http://www.hrlawinfo.com/lawguide/Immigration/out.asp New legislation could help. Under the "Restoration of Fairness in Immigration Act of 2002" (Fairness Act) an expunged conviction may not be considered as a conviction for immigration purposes, regardless of the type of crime that was committed. http://www.rreeves.com/pub_294.htm http://www.theorator.com/bills108/hr47.html Although criminal convictions are not expunged in the UK. Under The Rehabilitation of Offenders Act 1974, convictions are treated as ‘spent’ after certain periods of time without re-offending. The basis of the UK Rehabilitation Act is that a ‘rehabilitated person’ should be treated for all purposes in law as a person who has not been charged with or convicted of any offence. Changes to the UK law may help your friend’s case. The new law will be introduced as soon as parliamentary time allows. The lawyer could argue that in the country where the offence was committed, the offender is no longer considered a criminal. Under the current law, convictions where a sentence of over 2 ½ years was imposed can never become ‘spent’. http://www.lawontheweb.co.uk/rehabact.htm However it has been recognized that the time periods for when a conviction becomes spent are no longer appropriate. The UK government has started the process of reviewing the law. Links to the report on proposed changes and the governments response are given below. Instead of spent convictions the new law proposes conditions on whether or not disclosure of a criminal conviction is necessary. The proposed period of disclosure in the new law for custodial sentences over 30 months is the period of the sentence ordered by the court, plus two years. In your friends case this would be five years. Under the new proposals this would mean that on the anniversary of his conviction in 2003 he would be considered a rehabilitated person and treated in law as person who had not committed an offence. Under the new law, after 2003, he would not be required to disclose the conviction to an employer. Some types of employment are excluded like working with children, financial and legal professions. Currently no decision has been made about immigration and whether or not disclosure is required for fit persons checks. http://www.homeoffice.gov.uk/justice/sentencing/rehabilitation/act.html http://www.homeoffice.gov.uk/docs/roaresponse.pdf Under the visa waiver system people with a criminal record need to apply for a visa. By entering the country and saying nothing, according to the links given below, Bob may be breaking the law. http://travel.state.gov/vwp.html#8 Details of the visa waiver system are given at http://travel.state.gov/vwp.html http://travel.state.gov/visa;ineligible.html Definition of moral turpitude Chu v. Cornell, 247 F.2d 929 (9th Cir. 1957), cert. denied 355 U.S. 892 (1958). Administrative case law has characterized moral turpitude as "a nebulous concept, which refers generally to conduct that shocks the public conscience." Obviously, offenses such as murder, voluntary manslaughter, kidnaping, robbery, and aggravated assaults involve moral turpitude. However, assaults not involving dangerous weapons or evil intent have been held not to involve moral turpitude. Conspiracy, attempt, or being an accessory involves moral turpitude if the underlying offense involves moral turpitude. There is administrative and judicial case law holding that any crime having as an element the intent to defraud is a crime involving moral turpitude. See Gordon and Mailman, Immigration Law and Procedure, § 75.05[1][d]. http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm01934.htm Applying for a green card - Immigration through employment. There are several categories of immigrant. http://www.usais.org/premployment.htm The application process is explained at http://www.immigration.gov/graphics/services/residency/employment.htm The employer needs to fill out form I-140. A copy of this form can be purchased for $9.00 at http://www.usais.org/forms.php# Hiring a foreign worker. An employer must first prove that there are no U.S. workers who are available to fill the position offered. A description of the process for hiring foreign workers is given at the site below. The process is lengthy and can take several years to complete. It involves placing a job advertisement to attempt to hire a U.S. worker who could do the available job. The employer must interview candidates who meet the necessary criteria. Candidates must be evaluated against the job criteria and a report submitted to the local State Workforce Agency (SWA). If any qualified U.S. workers are identified then permission to hire a foreign worker will be denied. http://workforcesecurity.doleta.gov/foreign/perm.asp Form ETA 750 needs to be completed – instructions are given at http://workforcesecurity.doleta.gov/foreign/750inst.asp> <Search strategy:> <"rehabilitation of offenders act 1974"> <://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22rehabilitation+of+offenders+act+1974%22> <"spent convictions" uk> <://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22spent+convictions%22+uk> <"moral turpitude"> <://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22moral+turpitude%22 <Hope this helps.>