Hamric2

Hello everyone. I am very sorry if the question I ask has already been answered, I just can't find a definite answer.

Basically 6 years ago I was arrested by the police for 2x Assault on police officer and arrested again for 1x Assault by beating on police. The only reason I was arrested and charged was because I was having a psychosis mental health breakdown. Noone realised at the time. But I was eventually diagnosed with psychosis after the incident. Of course been fine ever since and take my medication regularly. I was wondering do I fill out the ESTA form and tick no to the boxes, or is it better for me to apply for a tourist visa? Because looked around and some people say tick no. Others say apply for visa. What do you guys think and sorry if question already answered.

Forgot to mention 2x assault on police I went to court and got 6 month probation 1x assault by beating on police was a caution.

Looking to go on holiday to us. If I have no chance to go I understand.

Rete

You tick 'yes' and go from there. If the ESTA is denied then you will have to apply for a tourist (B) visa.

md95065

No!! You do not just "tick yes".

The first thing that you need to do is to read the actual questions asked on the ESTA application very carefully and make sure that you fully understand them before answering them.

I believe that the wording of the question that is probably of most concern to you is: “Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?”

You need to figure out whether or not the offences for which you were arrested fall into this category or not and then answer the question honestly.

civilservant

Hasn't assaulting a Police Officer been determined to be a CIMT in the past?

It's probably not the 2 x assault that is the problem, it's the assault by beating as this requires actual physical violence against an Officer.

BenK91

Be honest on the ESTA application, unless you really want to waste thousands and hours of your time to get turned away at the border and put on the next flight back to England...

I have a sneaking suspicion your ESTA is going to be denied. No harm in trying though for the sake of 15 minutes and a couple $.

scrubbedexpat099

Sounds like serious harm to me.

Is there not a medical question relevant as well?

civilservant

Not really. Any injuries would likely have been charged as ABH or even GBH if serious enough. Sounds like he just punched the Officer (not that that's ok, and not that that will allow him to enter the US on the VWP)

shiversaint

That is snipped from an unrelated case.

The assault by beating would be an aggravating factor, and the fact that the caution was only 6 years ago will mean it is treated as a conviction by USCIS. Therefore, OP is both ineligible for ESTA and inadmissible to the United States. OP could apply for a visa and hope the Officer puts him forward for a waiver of inadmissibility. Waiting until 10 years have passed would make it a fairly safe bet, I think, but he should probably pull together some character references along with his application.

notaclue

You have the equivalent of three felony counts in assaulting a police officer which is most certainly a CIMT. You will most certainly be denied and will need a waiver. What was the final disposition? (Prison, suspended sentence etc). If you lie and answer 'no' then you will up the creek without a paddle.

md95065

It was my understanding that ESTA no longer asked about CIMT and, instead, used the wording that I quoted in my earlier reply.

Whether or not the offences committed by the OP "resulted in serious harm ..." seems to me to be an open question, the answer to which depends on facts about the case that the OP has not divulged (and probably should not divulge in a public forum).

See also, this link: https://www.sentencingcouncil.org.uk...ces-explained/

notaclue

Physical harm (injury, illness, or other physiological impairment, regardless of its gravity or duration) versus Serious physical harm (Requires hospital, risk of death, incapacity, disfigurement etc). Either way as the action was against a LEO, it is aggravated or will normally fall under a higher degree or offense type. LEO's in the UK and US are expected to withstand more than the average citizen in regard to common assault (Which need only be fear of assault as the above link suggests) so it is likely that the committed offense did indeed fall under serious harm. That would be the equivalent to a menacing charge while unlikely, in this case would still translate to a felony.

Either way, just causing physical harm should be enough to preclude the ESTA option. If nothing else, it was only six years ago so still within recent memory.

md95065

We don't know whether any physical harm was caused.

Regardless of what you may think "should be enough to preclude the ESTA option", the question asks about "serious physical harm" while the UK sentencing guidelines indicate that "if any injury was caused, it would need to be quite minor to fall under common assault".

Something that could, at worst be described as "a quite minor injury" doesn't sound to me as if it would qualify as "serious physical harm".

civilservant

Without a more thorough description of events, and possibly an immigration attorneys opinion, I don't think we can reasonably resolve this one. OP should answer the questions as they see fit, while answering honestly.

Personally I don't think someone who attacks an LEO should be able to use the VWP, but I don't get to make those calls.

shiversaint

It's deliberately ambiguous, if you ask me. If you went and applied for a visa with this rap sheet, you'd get denied. That much is clear as day. I expect that the vagueness is partly because 99% of tourists with a record come and go and that's the end of it. If they get into trouble whilst here, questions get asked, ICE fall back to the INA and bang you're deported and formally banned because you entered through misrepresentation.

USCIS and ICE have long taken the position that ignorance over eligibility to be in the U.S. as a non-citizen is not a defence, and those who take a "don't ask don't tell" approach essentially hand USCIS another tool for when it does go wrong.

This is pretty much echoed by the US Embassy in the UK here: https://uk.usembassy.gov/visas/visa-...-requirements/

Hamric2

Hello everyone. Sorry for the late response, as I got locked out of my account and could not reset my password for some reason.

Thank you for all the replies. It would never be my intention to lie, that why I thought I would ask here. I would say it's better to be honest than lie. I guess all I can do is apply for a visa and see what they say. The worst they can say is no but worth a try. Just to clarify. The Assault By Beating which was a battery. In the incident I did not punch or kick the officer, The only thing I did was stick my hand on the Officer jacket. Silly thing to do I know.

Just like to say thanks again everyone for the help. You have all been wonderful (( will apply for visa - And see what they say. If It gets denied then I will totally understand, As what I did at the time. Regardless of mental health is not acceptable. ))