brian.w

If a girl a few years ago was done for drink driving and also minor assult in the uk,how would that affect a holiday to usa,would there be problems of her being allowed in or are we talking about more serious crimes.
Also if nobody knows these answers who or where can i find the answers to this.
Also its been a while since i was there myself,but is there not some visa i need to get before i go there or just something we get on the plane before landing.

thanks

Socal Local

Last time you asked this question several posters explained that it was impossible to provide a definite answer to your questions with the information provided:

http://britishexpats.com/forum/showthread.php?t=536608

brian.w

but why cant i find a proper answer,surely you can get or cant,its not as if she was in prison,or did murder or anything serious, whats special about usa that things as minor as these would stop someone going there on holidays and if she was stopped is that for life surely not.
She is thinking of coming to usa on holiday with me and asked me to find out of these things could be a problem i already told her without asking anyone and on what i know not to be silly as these are minor things.
I need to find out for sure and not waste money on a flight her go over there and get refused so who do i ask if nobody on here cant help out.

christmasoompa

Read the answers you were given before again - people on here CAN help, but only if you provide the information asked for. It will depend on exactly what she did and what consequences there were, if you provide this information then you will get your answer!

MsElui's succinct post summed up exactly what info is needed for people to be able to help you in your previous thread:

"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."

So, find out the info requested above and then let everybody know, and no doubt you'll then get an answer. Or, as several others suggested, if you want a definitive answer one way or the other then you'll have to consult a lawyer (but you'll need all the facts as above for that too).

Hope that helps.

Tracym

Because some things are up to the discretion of the POE officers, and we can't read their mind in advance.

For the record, it's not just that the US is "special" - for example, she is inadmissible to Canada for the drunk driving offense.

Also, I'm sorry you think drunk driving and assault are not serious. Given the number of people killed by drunk drivers, I'm not sure how many would agree with you.

So ok, people make mistakes, hopefully she does not do it anymore.

To answer your questions somewhat, first of all, from the UK, you do not generally need a visa. You travel on the visa waiver program, which allows you to enter for 3 months without a visa.

The form you fill out to enter asks if you have ever been arrested or convicted of a crime of moral turpitude.

One definition I have seen of a CIMT is that it is a crime that causes harm, rather than simply being against statute. But I have been informed by our resident immig. attorney that definition is too simple. Exactly what is a CIMT does not seem to be clearly defined. Some cases are obvious - speeding ticket - not a CIMT. Murder - CIMT. Many others are in the middle.

A SIMPLE dui does not generally seem to be considered a CIMT.
I am suspicious that an assault might be.

If she ticks "No" to the CIMT question, she might be let in ok. If for some reason they checked - they might consider the assault a CIMT, they might not. They might let her in - they might not.

If you asked the embassy, their answer would probably be for her to apply for a B visitor's visa. They would look at her records, and either give her the visa or not. I suppose if she did that, she would be sure. She might or might not get the visa. But that's the only way I can think of for you to have a definitive answer ahead of time.

I might suggest that you fly through Dublin or Shannon if she attempts to enter on the VWP - at least many airlines clear US immigration at that airport, before flying to the US. Then, if she were turned down, she could just walk away and fly home rather than be detained.

If you give more details on exactly what she was charged with, perhaps people can give you more guidance as to if she can honestly tick no on the visa waiver form.

ian-mstm

Why? Because that's the way the law is written. It is *always* up to the immigration officer whether or not to allow someone to enter the US. If you could read the person's mind in advance, you'd have a definite answer. For the rest of us poor mortals though, it's a hit/miss sort of thing.


I suggest a little attitude adjustment on your part. If she wants to visit the US, these *are* the hoops through which she will jump! Period. If she lies to get into the US and she's caught... she faces a lifetime ban.


No one can tell you for sure. The officer at the port of entry has the final say... so even if a lawyer says she'll be okay, she might not be! Only a US citizen has the right of entry to the US. Everyone else - whether they have a valid visa or not, whether they have a green card or not - everyone else can be refused admission. Oh... and in case you're wondering, there is *no* special relationship that exists between the US and the UK. Where immigration is involved, every non-USC is a foreigner... doesn't matter where they come from.

Ian

MsElui

and if you read the news - the American TV presenter Martha Stewart was recently refused a visa to visit the UK because of a fraud conviction - so it goes the other way too.

Ray

http://www.usembassy.org.uk/cons_new...add_crime.html

Rete

Brian ... put your money to good use and get a consultation with an immigration attorney in the UK who specializes in US immigration. Let them tell you what you want to know. I doubt you will heard anything different from them then you hear from us.

MsElui

Great advice from rete BUT DONT waste your money and their time UNLESS you have the facts. If you go to the appointment with as vague details as you gave before they wont be able to help either.

brian.w

Ok i will be back and post when i have got further info from her, as if she cant make this holiday due to time off work,then would be good to know if future holidays to usa where required then we would know.
If its anything of help which i know is not and its not what you require she works in the airline business an air hostess so security is important but i suppose what happened to her and what i am asking about this means nothing really going to usa,but let me try and get more info on it.

Octang Frye

Another brilliant post, brimming over with win.

Folinskyinla

Hi:

I've read this string through -- and there is NO definite answer to your questions. As other people mentioned, you really give no details of the criminal record. And this is one of the more complicated areas of US immigration law.

The term "assault" is particularly troublesome. Outside of criminal law, the term "assault" has multiple meanings in which a criminal "assault" will NOT be an "assault" under civil tort law. I will not go into the multiple scenarios.

Your lady may just be fine. OR, she may have a serious impediment to entering the United States.

Your lady should get the records of the court cases and then have a paid consultation with a lawyer who is familiar with US immigration law. As things now stand I don't have a clue what her situation is.

brian.w

We are right here that this is only for a 2 week holiday not to go and stay in usa,i really did not think something like this could maybe affect someone going to a place for a holiday,hopefully i can get more details soon.

I am going through the process of getting a resident visa for australia and one of the requirements was to get a police check done,i have been done before for vandalising or smashing a window when i was many years younger,still shows on my record and i have never been refused into usa,and i have been several times,come to think about it now i cant remember what i put in the form you get before you enter.

Tracym

Previous crimes do affect people just visiting.

Did you notice above, she is apparently NOT allowed to visit Canada - ever - due to the drunk driving.

Smashing a window is most likely not a CIMT (in my opinion only). So you probably checked "no" on the visa waiver form and either they never checked, or nothing came up that they minded.