LillyB

Hi All

My partner and I and younger son have visited Florida many times on holiday and never had any trouble at passport control gaining entry.
My son has not been with us for over 5 years, when he was 17 he got into trouble for common assault and criminal damage, he was sent to prison for 16 months, this was reduced for guilty plea and time off and he served six months, this is a one and only offence.

He is now 22 and would like to visit florida again with us on holiday, can anyone advise me if this would stop his entry into the US?
Is he better to declare the offence and apply for a visa, I know that this does not guarantee entry, or could it be classed a "petty crime" due to the fact that he was under 18 at the time.
Or is he better not to declare it at all and complete the ESTA form online.
many thanks

The Horticulturalist

Your son will have to declare his offence, to not declare it would be lying, no?

He will most likely need to make a visit to the embassy to apply for a suitable visa, there's no guarantee he'll get one though.

lansbury

The only problem with that is the US may have access to UK criminal records. If he withholds the information and they find out he will be refused entry.

Bob

I moved this to the visa section where you'll get better help.

Does need to declare it though and it depends how the US would interpret the offence, not just what he got in the UK...and how much of a slap did you give someone if he originally got 16 months?

Folinskyinla

Hi:

The "petty offense" does not apply here. Besides he doesn't qualify for it anyways.

There is a second exception for commission of "one crime" before age 18, and five years have passed since release from confinement.

It seems that the five years have yet to elapse, but you seem to be close

Please note the exceptions apply only for "one crime" which has been committed. From your own description, your characterization of "one and only offence" may not be correct. I don't know British law and I have not seen the paperwork. But he may have one event in which he was convicted for TWO crimes. [BTW, in removal grounds there IS language about a common scheme -- which is notably absent in the inadmissability grounds.].

He will need to apply for the visa in any case.

ian-mstm

Not only will he need to declare the offense, he will need to get hold of the court records. It is important to know that the punishment he received is *not* entirely relevant. What is relevant, is the maximum punishment that he could have received... that will be the basis for the US government's determination.

Ian

crg

Both the max and actual sentence are factors. If you the max sentence for the CIMT is less than a year, and the person gets more than six months either suspended or imposed, they are done.

This case is complicated because you have to figure out the how many are CIMT if any, how old he was, how much time since he got out, and how long the max sentence was, and sentence imposed for each offense.

Folinskyinla

Hi:

Sigh. Please re-read my post. You are conflating apples and oranges.

If committed while under 18 -- the maximum sentence and actual sentence is irrelevant -- the relevant time is five years since release from custody.

When the crime is committed AFTER 18, then the actual and maxium sentences crank in.

Folinskyinla

Hi:

One -- this is not relevant as per OP. Second, since sentence was 16 months, that indicates that possible sentence was over a year. Three -- the "less than a year" is in error. It is one year or less. I will admit that it can be confusing since the removal grounds [as opposed to inadmissability] has "one year or more" language that can screw the alien.

Ray

Seems a very steep sentence for a single offence and was not tried in a magistrates court if he originally got 16 months

No need to give more info ..

Folinskyinla

BTW, I totally forgot to mention that this may not even be a CIMT. But as I like to say, I may be a lawyer, but I'm not YOUR [or your son's] lawyer.

I'm am NOT saying whether or not it is a CIMT -- but the question is there and may need to be answered.