Love in a No Man's Land

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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Love in a No Man's Land

Post Sat Sep 19, 2009 7:06 am

I guess from a Journalism perspective, you will have bias'. So I can understand if certain details were left out to make the appearance Immigration is in the wrong.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Love in a No Man's Land

Post Sat Sep 19, 2009 6:37 pm

My problem with US immigration is this thing about being arrested for an indictable offence. Having travelled around the world that has a very different meaning in some countries than others. In some countries for example if someone gets murdered the police can just arrest pretty much anyone they fancy or do a dragnet so they can draw blood, take fingerprints etc., there is no probable cause. So then that means you've been arrested for murder even though in the US you would never have been considered a suspect. So what do you say to the question: "have you ever been arrested in relation to a crime of moral turpitude?"

Bear in mind most countries don't have habeas corpus even, grand juries were abolished in the UK I think in the 1920s.

Being arrested means nothing if there are no charges pending. The question should be, "have you been arrested for a crime for which charges are pending" or something like that.

How many people are there in this country that have immigrated from places with crappy criminal justice systems like China?
Steve.
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Love in a No Man's Land

Post Sun Sep 20, 2009 9:32 am

Being arrested means nothing if there are no charges pending. The question should be, "have you been arrested for a crime for which charges are pending" or something like that.


Yes I agree they should alter this question when asking in reference to criminal history. Getting arrested holds no barring as to whether you've been charged..etc
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: Love in a No Man's Land

Post Sun Sep 20, 2009 3:26 pm

Steven wrote: So then that means you've been arrested for murder even though in the US you would never have been considered a suspect. So what do you say to the question: "have you ever been arrested in relation to a crime of moral turpitude?"


I have never heard that question asked.

Being arrested or detained has nothing to do with being inadmissible. A conviction is needed, not just merely an arrest. You can be charged for muder 10 times but if there is no conviction, there is no crime.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Love in a No Man's Land

Post Fri Sep 25, 2009 11:56 am

lawsrlaws wrote:I have never heard that question asked.


I'm astonished, I get asked it all the time at POEs. They even say "moral turpitude". In fact I was watching Homeland Security USA a few weeks ago and some old geezer was denied entry for a conviction and the agent didn't say "armed robbery", he said "a crime of moral turpitude".

In fact I just looked it up and it's question B on the back of the I-94W as well.

I appreciate that a conviction is needed to deny the entry, or something like being a fugitive, etc. The problem is the question. You could have been arrested in a dragnet in China looking for a murder suspect. Such a thing doesn't happen in the US. So it's a bad question to ask, because it wastes the time of CBP and embarrasses the person being questioned to no advantage.

Needs to be more carefully worded so it fits with what section 217 of the INA says.
Steve.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: Love in a No Man's Land

Post Fri Sep 25, 2009 1:52 pm

At my POE we do not use the term Moral Turpitude, it confuses people. We simply ask "have you ever been arrested or fingerprinted?" Any more details and people seem to look at you with a blank stare.
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Reba

Re: Love in a No Man's Land

Post Sat Sep 26, 2009 6:04 am

I was fingerprinted when I was applying to immigrate to the US :p
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