Criminal Law Holiday to the US, criminal conviction

[curson82]

My girlfriend and I have booked to go on holiday to the US for 2 weeks in November. Im just wondering if she would require a Visa for this. She has 1 criminal conviction of Assault occasioning Actual Bodily Harm from Jan 2004. Her punishment was a little bit of community service and a small fine.

Does this constitute a CIMT?
Would she need a Visa for the 2 week Holiday or could she still get in under the VWP?

Many Thanks

 

[muggsyj]

What country is she travelling from?

 

[NYClex]

it depends on a couple of factors:

-the circumstances of the assault: was domestic violence involved? Were firearms involved?
-the possible maximum sentence
-the actual sentence served
-any other criminal history

Simple assault as defined in American law usually does not count as a crime of moral turpitude or as an aggravated felony, so it would not necessarily bar entry to the US. Other forms of assault however are barring entry. So if in doubt, you should take the paperwork and consult with the American consulate.

If you conclude that her conviction was just for simple assault and decide to attempt to enter the country on a Visa Waiver, since she will have to answer truthfully the question about having been arrested or convicted before, she should be prepared for closer scrutiny by the border protection officer and should take copies of the papers pertaining to the conviction including all the answers to the points above.

 

[curson82]

She was drunk in a bar and had an argument with a girl who she then hit, her bottle of drink was in her hand and this caught the other girl.
No firearms or other weapons were involved.
She served no sentance in terms of confinement, she received a fine of around 200 GBP and 120 hrs community service.
She has no other criminal history, either convictions nor has she ever been arrested prior to the incident.

Her solicitor originally tried to get the charge dropped to common assualt but because she was on licensed premises and the victim fell to the floor cutting her head (needing 3 stitches) she was charged with ABH.

How would she go about getting the papers? Is it as simple as going to the court or police station to request them? Also, would the fact that the girl was hit with a bottle count as a weapon of sorts?

The maximum sentence for ABH in the UK is 5yrs Imprisonment.

Many Thanks

 

[NYClex]

Hm, this could be a little complicated. I do not have the time and details here now to look up British law and make the necessary comparison, but this sounds as if it could be interpreted as a conviction for aggravated assault instead of simple assault. Aggravated assault can be, but need not necessarily be, interpreted as a crime of moral turpitude.

It is likely that this conviction will not be considered a problem, but if you want to be sure you should consult with the American consulate.

 

[muggsyj]

This is not legal advice!

HI LEX! I THOUGHT I WOULD THROW IN MY TEN CENTS WORTH IN HERE

BEFORE!!! she travells to the US, she must obtain her court records which will not be hard, Just get a copy from the solicitor who delt with the case. She will then have to go to the US Embassy in London and present her case!

If she atempts to enter the US without prior exceptance she will be turned away! and once refused entry to the US she will find it very hard to enter again. There are a lot of people how are having this problem but you must try and work withinn the US law as you are attempting to enter there lovley country!

Even so once she has had exceptance to travel it still depends on the border control weather they let her in! She must not come accross obrupt or argumentative as most of us brits seem to be. The American authoritys do not stand for this type of conduct.

If you solicitor cant find your case tell her to obtain a copy from the court and i think Lex is right, her charge will more than likely be a crime of morel turpitude!

So good luck, but please do not leave it to chance, there are lots of people who get sent home packing!