Worried About My Conviction
Apr 9th 2018, 5:14 pm
#1
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 8
Worried About My Conviction
Hello everyone.
I'm just looking for some advice on whether or not my conviction will affect my ability to enter the US.
In the UK in 2011 there was some rioting and in 2012 I was found guilty of encouraging or assisting an offense. This came about through comments I had made on Facebook encouraging people to loot commercial premises during rioting.
Even though I was originally sentenced to 18 months in prison I ended up serving 20 months due to some issues I had inside the jail.
Will the above conviction effect my ability to enter the US?
I wish to enter to participate in sports competition and also to undertake training there.
Any advice very welcome.
Thank you all.
I'm just looking for some advice on whether or not my conviction will affect my ability to enter the US.
In the UK in 2011 there was some rioting and in 2012 I was found guilty of encouraging or assisting an offense. This came about through comments I had made on Facebook encouraging people to loot commercial premises during rioting.
Even though I was originally sentenced to 18 months in prison I ended up serving 20 months due to some issues I had inside the jail.
Will the above conviction effect my ability to enter the US?
I wish to enter to participate in sports competition and also to undertake training there.
Any advice very welcome.
Thank you all.
Apr 9th 2018, 5:46 pm
#4
Account Closed
Joined: Jun 2011
Location: UK
Posts: 4,891
Re: Worried About My Conviction
My guess is that it probably is serious (and certainly recent) enough to be a concern, and could hinder your ability to travel to the USA.
What were the issues inside prison? Were you convicted of other offences and had time added to the original sentence?
I don't often say this, but your best course of action is to get some professional advice from a lawyer experienced in US immigration matters.
What were the issues inside prison? Were you convicted of other offences and had time added to the original sentence?
I don't often say this, but your best course of action is to get some professional advice from a lawyer experienced in US immigration matters.
Apr 9th 2018, 6:20 pm
#5
Just Joined
Thread Starter
Joined: Apr 2018
Posts: 8
Re: Worried About My Conviction
Thanks for the reply. The issues in prison were a conflict with another inmate, I received an extra 60 days and was made to serve my full term but not convicted of any additional offences.
Apr 10th 2018, 12:22 am
#7
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Joined: Apr 2016
Location: Chicago, Illinois
Posts: 334
Re: Worried About My Conviction
Have you applied for an ESTA and had a denial? That would be your first action, presuming it's denied it comes out to something like $5. You'd then need to apply for an applicable B visa, and perhaps subsequently need an exception, should that be denied.
It's not impossible that it'll go either way.
It's not impossible that it'll go either way.
Apr 10th 2018, 12:28 am
#8
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,420
Re: Worried About My Conviction
The crime described appears to be what is called an "inchoate offense." Without reference to the "target offense" it is impossible to know the immigration effect. OP does not really State what the target offense is. It is usually the target offense that governs immigration effect.
The 20 month sentence makes the conviction one for a felony.
The 20 month sentence makes the conviction one for a felony.
Apr 10th 2018, 12:21 pm
#10
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: Worried About My Conviction
Agree with Pulaski on this one, this is a serious offence that was comparatively recent and you spent a significant time in prison for.
A consultation with an immigrant attorney is in order, this is beyond the scope of a lay forum. Personally, I think you're going to have a tough time.
A consultation with an immigrant attorney is in order, this is beyond the scope of a lay forum. Personally, I think you're going to have a tough time.
Apr 11th 2018, 11:24 am
#12
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Apr 11th 2018, 5:03 pm
#13
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Worried About My Conviction
Have you applied for an ESTA and had a denial? That would be your first action, presuming it's denied it comes out to something like $5. You'd then need to apply for an applicable B visa, and perhaps subsequently need an exception, should that be denied.
It's not impossible that it'll go either way.
It's not impossible that it'll go either way.
If he was encouraging/assisting looting (looting is theft and theft is a CIMT) with an 18mo custodial sentence then a waiver will be required.
ESTA is cheap. Getting booted back after paying for a flight and possibly getting in more trouble requiring legal assistance is not cheap.
Apr 11th 2018, 5:24 pm
#15
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,420
Re: Worried About My Conviction
I don't agree. Considering it's clearly a serious offense and complicated, I would want to make sure with the consulate and perhaps an attorney before commencing travel.
If he was encouraging/assisting looting (looting is theft and theft is a CIMT) with an 18mo custodial sentence then a waiver will be required.
ESTA is cheap. Getting booted back after paying for a flight and possibly getting in more trouble requiring legal assistance is not cheap.
If he was encouraging/assisting looting (looting is theft and theft is a CIMT) with an 18mo custodial sentence then a waiver will be required.
ESTA is cheap. Getting booted back after paying for a flight and possibly getting in more trouble requiring legal assistance is not cheap.
If memory serves me correctly, almost any criminal record dooms an ESTA.