brian.w

Need some info,lets just say i have got myself a new girlfriend and lets just say you has had some back luck in the past with a guy with many things he did nasty to her,will not go into detail.
But lets just say this guy tipped off the police of her drinking and driving when she had one to many,ok not something she should have done,but this was just one of many nasty things she had done
She happen to be out one time and the same person was making fun and taking the piss so she did something that i will not say,lets just say i cant beleive the police would have took it further and she would go to court for it etc but she got done for minor assult.
To be honest i cant beleive police took it that far,lets just say the guy has people in high places.
My girl has been messed up a little since this has happened and is not sure if she can trust most people again,im sure she will get over it as time goes on but is very worried about things more these days.

Right get to the point she has asked me if she fancied going to usa for holidays or even say canada would her having a criminal record of her drink driving and assult affect her getting in usa etc.
I said dont be silly,but to be honst i am not sure these days as some places to clamp down.
I said i would go on these forums and ask the questions and settle her mind so can someone tell me if there is a problem her going on holiday to these places and also would she need to declare these things if so when and where on the flight or what.
Im sure there are many people out there who have done far worse and go everywhere these days,see has just been a girl thats just been unlucky and been mixed up with a nasty peice of work.

Some info on this would be great please.

Noorah101

Was she arrested? What was the charge, driving under the influence or minor assault? What was the outcome?

Rene

meauxna

DD = Canada no
Assault = maybe US no.

Way more details about the facts, not the story, will net a more complete answer. And I'm not positive about the Canada thing, but pretty sure.

ian-mstm

The story doesn't matter so much as the result. Did the drink driving offence also make it into her record? USCIS isn't going to look at her record and say, "Oh... the police were wrong to charge her with minor assault in these circumstances." They're going to look at her record and make a determination of whether or not "minor assault" is grounds to keep her out of the US. They're going to want to know what the maximum penalty is for "minor assault" (which is probably different than whatever penalty she actually got), and they're going to want to know whether this is covered under the "petty offence" exception.

If she's worried, she should consult an attorney.

Ian

Tracym

I am 99% sure a DUI disqualifies a person form visiting Canada.

U.S. - like everyone says, it's possible she could get a visa - but probably ineligible for the VWP I would think.

I'd totally agree - for the U.S., consult an attoney.

crg

The US doesn't care about simple assault, or the drunk driving. Canada cares about the drunk driving and may care about the assault.

Ray

No such offence as minor assault

brian.w

So whats the answer to this one then,would she be refused going on a holiday to usa or canada cause of these offences and it being on her record,as i said she was caught for drink driving and the minor assult was just with throwing a drink over someones face,now come on this probably happens most weeks in pubs and with people etc but lets say the same guy that got grassed her up for drink driving and which did many other evil things to her she seen him one night was angry and splashed the drink over his face.
Cause the guy had people in high places she got done for it and took to court which to me having been done for assult on something so little is a joke,people do worse and get away with it.
Anyway trying to settle her mind on going to usa and canada and stuff and what her records might do on whats happened.

So is there problems then.

brian.w

Dont remember but lets say she lost her licence for 9 months so probably got charged for that and point etc?as for the minor assult she had to go to court and pleaded guilty.
But as i said before to have even went to court and waste police time and court of what she did is just crazy,just shows that if people have people in the right places what can be done.
But the fact is she has these two things in her records and wants to know if its going to be an issue problem when she wants to go to say usa or canada on holidays i would not think so.

brian.w

well it was assult then but you and i know there is minor assult and serious assult which i should know as i was a victim of one last year,but all she did was throw a drink over his face not the glass or bottle just a drink.

Optimus Prime

Let's just say I couldn't be bothered to read past the first paragraph.

chicagojlo

As someone already told you the VWP doesn't have a 'but' box. The forms ask you yes or no. If the answer is yes then it's yes. The story doesn't matter. If you want to know where she stands for sure ask an immigration lawyer.

ian-mstm

Perhaps true, but that's not an excuse.


You (and the girl, it seems) both seem to think that this is somehow the other guy's fault. Their history together is irrelevant. All that matters is the charge... not why/how it happened.


Irrelevant.


Again, your attempt to minimize what happened is irrelevant.


Yes, there is a problem. Will it prevent her from travelling? No one can say for sure. The worst that will happen is that she gets sent back home... it's not like this is a life/death situation here.

Ian

yorkieuk

As Ray says there is no such thing as minor assault it is all charged the same way under S.39 of the Criminal Justice Act 1988 as 'common assault'.

FYI an assault is an act which causes another person to apprehend the infliction of immediate, unlawful, force on his person + the defendant at the time is intentionally or subjectively recklessly causes another person to fear immediate unlawful personal violence.

Therefore what you g/f did, as you can see, makes her liable for assault.

I don't know if this will effect eligibility for the VWP but the punishment is either a fine and/or a prison sentence not exceeding 6 months.

MsElui

you need to find out exactly what she was charged with. (not 'lets just say kinda' - EXACTLY!). We dont need to know what she did or why - just the exact thing written on the charges sheet (ie commn assault). Then she needs to state what she received from the court (again exactly X months or Xpoints or X fine - not kinda figures). Then maybe someone can give their opinion as to whether there is an issue for her. If you cant provide the precise datails then we are all just wasting our time.