help needed - traveling to us with criminal record

kazprincess

Hi

I know this topic has cropped up many times - but i need advice on what to do please?

We both have an assult charge.

I really dont want to go through the 'interview' process as i know our crime is not on of moral turpidue and this is all what is asked on the waiver visa programe so i cant see why i would need to do this? I have been searching the net for a month now and have heard of many other people (on crimes which are one of moral turpitude) get into the USA with no problems.

I cannot see how the US border can ever know of our crime. We only got a small fine - dont even think the judge was even worried as he said we were 'at the wrong place, at the wrong time'!!
Heres my thinking - If the US border were bothered about people like us, surly on the waiver programe they would ask the question ' have you ever been arrested full stop'. Where they dont as they use the words moral turpitude! So i can saftely answer NO to that question with no worries.

I was just wondering if anybody has had the same experience as me - what happened to them - and has anybody ever heard of people with small time crimes (like assult) have any problems when entering the USA.

Many thanks for you advice xxxx

adouglasmhor

Assault isn't small time. Should have shelled out on a barrister for that one TBH.
It's also a crime involving moral turpitude.
http://en.wikipedia.org/wiki/Moral_turpitude

kazprincess

Hi
No its not one which involves moral turpitue: Please see below taken from your link

Assault (this crime is broken down into several categories, which involve moral turpitude): *Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
*Assault with a dangerous or deadly weapon

these assault charges do not:
Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)

I can safely say a kick is not a crime with intent to kill or using a weapon.

HappyMJ

If it was common assault you will have a period of time to wait before it will be ignored. It's quite a few years. GBH or ABH will be many more years. Why didn't you use self defence as a defence against this charge? A conviction like that also means working with kids will also probably be out as well. A barrister would have worth it.

Anyway you are not eligible for visa waiver so you'll have to go through an interview to get a visa.

adouglasmhor

kazprincess wrote: »

Hi
No its not one which involves moral turpitue: Please see below taken from your link

Assault (this crime is broken down into several categories, which involve moral turpitude): *Assault with intent to kill, commit rape, commit robbery or commit serious bodily harm
*Assault with a dangerous or deadly weapon

these assault charges do not:
Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)

I can safely say a kick is not a crime with intent to kill or using a weapon.

OK let them risk it if they want then.

kazprincess

I cant see why we would need an interview. Yes it advises this on the embassy website but if it was so important to go down this route - why doesnt it say anything of this kind on the visa waiver?? I would imagine many people who dont even know about the visa etc would just fill this in without even realising what it says on the US UK embassy website which makes me think - what is the point of me having an interview? I am filling out the waiver visa truthly.

kazprincess

adouglasmhor wrote: »

OK let them risk it if they want then.

Do you agree with me though that our crime isnt one which invloves moral turpitude?
Can you see why i am confused as surely if they were that strick on letting people with small crimes into the country - they would ask for this on their waiver visa when they clearly do not. They use the words moral turpidtude.
If the waiver form said 'have you ever been arrested'. Then obviously i would tick YES. But i am not lying when i tick NO to that question.
Thanks for your replies - just wanted to see what people think about this subject and maybe if they do mean 'any arrests at all' this form needs to be a lot clearer and they need to make people fully aware of what they need to apply for and what they dont.

adouglasmhor

Yes I admit I skimmed, you should be OK.
I do think that a decent solicitor or a Barrister would have verbaly torn the stewards’ statements to bits and got you a not guilty though. Did you use the duty muppet?

adouglasmhor

BTW I have been done for one of the other offences on that collumn and thought it stopped me as well.

dzug1

The advice of the US Embassy in London is to apply for a visa anyway - but that's because they know the UK public have in the main never heard of moral turpitude and if they have wouldn't have a clue what it is. So the Embassy prefer that they take the decision, not the applicant.

I would agree that yours is not moral turpitude (opinion, not fact) and that you are entitled to rely on the form (fact)

kazprincess

adouglasmhor wrote: »

BTW I have been done for one of the other offences on that collumn and thought it stopped me as well.

Have you travelled to the US?