Visiting America And A Criminal Record

Top_Dog

I am making this query for a person who asked me . He wants to visit the USA but he has a criminal record for ABH assault for which he has done time in prison in the UK he holds a British passport so hje does not need a holiday visa in advance . However he does not want to go there and then be refused entry at the airport and sent back again

Any advice on the subject please

maemaesmummy

AFAIK he will need a visa..:( he will got get an ESTA based on that info

scottishperson2

Top_Dog wrote: »

He wants to visit the USA but he has a criminal record for ABH assault ...........
Any advice on the subject please

No-one, not even the US Embassy, could give you a straight answer on that question with the information given. We don't know what exactly he was arrested or convicted for, or the circumstances surrounded the offense.

I'd be interested to hear if, after research, he could prove it isn't moral turpitude.

Top_Dog

maemaesmummy wrote: »

AFAIK he will need a visa..:( he will got get an ESTA based on that info

What is a ESTA ?

jackieblack

Esta is an electronic authorisation to travel to the USA under the Visa Waiver Program http://www.cbp.gov/xp/cgov/travel/id_visa/esta/

From the information given it doesn't sound like your friend would be eligible

In any case, ESTA only gives authority to travel, it is no guarantee of entry

honeypop

In pretty much the same circumstances, my OH could not get an ESTA and did need a visa to travel to the US, therefore I would assume that your friend DOES need a visa to enter the US. Also, on querying it with the US Embassy beforehand, I was told that circumstances around the conviction are irrelevant, if you have a caution or conviction (except certain driving offences) you NEED a visa.

scottishperson2

honeypop wrote: »

I was told that circumstances around the conviction are irrelevant

How could they consider if a crime involved evil intent or a depraved motive if they did not have the facts relating to the crime.

Look at the FAM manual and it states

9 FAM 40.21(a) N2.3-3 Crimes Committed Against Person, Family Relationship, and Sexual Morality
U.S. Department of State Foreign Affairs Manual Volume 9 - Visas

............................

a. Crimes committed against the person...............................

(e) Assault with a dangerous or deadly weapon (some weapons may be found to be lethal as a matter of law, while others may or may not be found factually to be such, depending upon all the circumstances in the case. Such circumstances may include, but are not limited to, the size of the weapon, the manner of its use, and the nature and extent of injuries inflicted.);

The words

depending upon all the circumstances in the case

stick out there.

Also,

honeypop wrote: »

if you have a caution or conviction (except certain driving offences) you NEED a visa

is incorrect.

Look at the advice given by CBP (the people that operate this system)

On the question of

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

The advice is

Crimes involving moral turpitude - Such offenses generally involve conduct which is inherently base, vile, or depraved and contrary to the accepted rules of morality and the duties owed to persons or society in general. There are factors, such as the age of the offender or the date of the offense, that may affect whether an offense will be considered a crime involving moral turpitude for purposes of the Immigration and Nationality Act. For further information refer to § 212(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2), § 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43) and corresponding regulations in the Code of Federal Regulations.

Source


https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm

It does NOT state ANY arrest or conviction.

Top_Dog

Ok it seems certain that this person needs a visa to enter America what are his chances of getting one if he has been convicted of assault and has served one and a half years in prison for it ?

scottishperson2

Top_Dog wrote: »

Ok it seems certain that this person needs a visa to enter America what are his chances of getting one if he has been convicted of assault and has served one and a half years in prison for it ?

Juries still out on whether its a CiMT, only person with the facts at the moment is himself.

Petty Offences wouldn't come into play - due to the time served.

Depends how long ago it was (If its moral turpitude).

If the embassy decides its not moral turpitude then he gets a visa, if it is then he'll need a waiver of ineligability.

They look at 3 things

1. The recency and seriousness of the activity or condition resulting in the alien’s inadmissibility;
2. The reasons for the proposed travel to the US; and
3. Any effect, positive or negative, of the planned travel on US public interests.

Thats more money and more time.

VestanPance

Top_Dog wrote: »

Ok it seems certain that this person needs a visa to enter America what are his chances of getting one if he has been convicted of assault and has served one and a half years in prison for it ?

Nobody can answer that. It would be done on a case by case basis. They may allow grant him a visa, they may reject the application.

Since he can't apply for the ESTA (which all travellers from the UK to the USA require) he'd need to apply via the US consulate. I think they charge something like $200 to process the application and he'd need to attend an interview at the consulate.

maemaesmummy

VestanPance wrote: »

Nobody can answer that. It would be done on a case by case basis. They may allow grant him a visa, they may reject the application.

Since he can't apply for the ESTA (which all travellers from the UK to the USA require) he'd need to apply via the US consulate. I think they charge something like $200 to process the application and he'd need to attend an interview at the consulate.

ouch makes the $14 ESTA seem reasonable!