Non immagrant Visa for usa with a criminal record!

whatajoke2

Why the heck did he accept a caution if he did nothing wrong. Thats on his record till he reaches 100 now.

Anyways, he needs to find out exactly what the caution was for, and whether that is a crime involving morale turpitude.

Assault is not a crime involving morale turpitude but as no-one knows what he admitted to, no-one can answer.

xMummyx

what are the chances out of 100 that he will get this visa?

whatajoke2

xMummyx wrote: »

what are the chances out of 100 that he will get this visa?

Nobody can tell you that beforehand.

andrewmp

matphil wrote: »

Hi, do you mind if I ask a question on this thread.
My brother is about to book a holiday to Florida for next summer. Last November whilst out drinking he was attacked by someone. This person was sent to prison for 3 years for attacking him. However, as my brother was defending himself he hit this person and so was arrested and was later cautioned, no charges were given to him as the CCTV footage clearly showed that he had only defended himself.
As he was arrested and cautioned what should he apply for.

They won't know about it, as long as he doesn't tell them he'll be fine.

By the letter of the law (well their rules anyway) he should apply for a visa. He won't need it though.

whatajoke2

andrewmp wrote: »

They won't know about it, as long as he doesn't tell them he'll be fine.

By the letter of the law (well their rules anyway) he should apply for a visa. He won't need it though.

So are you stating here that this person should commit immigration fraud, which has a maximum jail time of 10 years.

What sort of disgusting person are you.

andrewmp

whatajoke2 wrote: »

So are you stating here that this person should commit immigration fraud, which has a maximum jail time of 10 years.

What sort of disgusting person are you.

No, I would never suggest they do that, if they did though they wouldn't have any problems.

dzug1

whatajoke2 wrote: »

.

Assault is not a crime involving morale turpitude but as no-one knows what he admitted to, no-one can answer.

That's an oversimplification. Depending on the circumstances assault may or may not be moral turpitude.

whatajoke2

dzug1 wrote: »

That's an oversimplification. Depending on the circumstances assault may or may not be moral turpitude.

In some ways you are correct, however, all the assault cases that have been found to be CiMT are basically "assault with"

Example oif CiMT

Assault with Intent to Commit Murder.
Assault with Intent to Commit Abortion.
Attempted Assault, Second Degree (with Intent to Commit Carnal Abuse and Rape).
Indecent Assault (falls short of rape).
Atrocious Assault and Battery.
Assault in the Second Degree (with a weapon or other instrument likely to produce grievous bodily harm).
Assault with a Deadly and Dangerous Weapon.
Assault (with a weapon likely to produce bodily harm).

Example of Non-CiMT

Assault and Battery.
Simple Assault.
Assault with an Unknown Weapon.

The fact he actually accepted a caution is the bit I don't understand.

xMummyx

what about abh? is that under cimt?

dzug1

xMummyx wrote: »

what about abh? is that under cimt?

ABH is not a term that directly translates to the US legal system

If you look at whatajoke's post above you will see some examples. The US Embassy will need to translate the ABH to one of its own categories to decide whether it's cimt (=iffy visa chances) or not (problem free visa).