Worried About My Conviction

Old Apr 9th 2018, 6:14 pm
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Default 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.
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Old Apr 9th 2018, 6:21 pm
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Default Re: Worried About My Conviction

What was the exact offence you were charged with?
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Old Apr 9th 2018, 6:31 pm
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Default Re: Worried About My Conviction

Originally Posted by materialcontroller View Post
What was the exact offence you were charged with?
Intentionally encouraging or assisting an offence.
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Old Apr 9th 2018, 6:46 pm
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Default 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.
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Old Apr 9th 2018, 7:20 pm
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Default 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.
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Old Apr 9th 2018, 8:18 pm
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All you do is apply for a Visa and see what happens.
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Old Apr 10th 2018, 1:22 am
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Default 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.
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Old Apr 10th 2018, 1:28 am
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Default 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.
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Old Apr 10th 2018, 1:44 am
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Default Re: Worried About My Conviction

In short, you are going to have a struggle on your hands. Hindsight is a wonderful thing.
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Old Apr 10th 2018, 1:21 pm
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Default 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.
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Old Apr 11th 2018, 3:08 am
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Default Re: Worried About My Conviction

Originally Posted by civilservant View Post
Agree with Pulaski on this one.....
am I missing an invisible post, he has been quiet of late, he is missed.
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Old Apr 11th 2018, 12:24 pm
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Default Re: Worried About My Conviction

Originally Posted by Mercury39 View Post
am I missing an invisible post, he has been quiet of late, he is missed.
Folinsky. I agree with him so rarely that I though it was Pulaski

Yes he has been quiet recently - missed.
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Old Apr 11th 2018, 6:03 pm
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Default Re: Worried About My Conviction

Originally Posted by TheKingOfHearts View Post
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.
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.
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Old Apr 11th 2018, 6:17 pm
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Default Re: Worried About My Conviction

I would have thought ESTA was a waste of time, not a marginal issue.
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Old Apr 11th 2018, 6:24 pm
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Default Re: Worried About My Conviction

Originally Posted by crg View Post
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.
It is possible for serious offenses not to involve moral turpitude. Hence my comments on inchoate offenses.

If memory serves me correctly, almost any criminal record dooms an ESTA.
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