I would speak to a lawyer, the yanks don't seem to have Affray as a crime, but they do have "brawling in public', which in cause can cause terror to bystanders which is a CIMT.
I'm not a lawyer so best you seek legal advice, or, book a meeting at your local embassy and they will decide - if it's not you'll get a straight up 10 year Visa and you can travel in peace.
I also have a problem here. My husband was charged with two cases of assault on a minor. (child aggravator SCOTLAND). This is a serious crime however he did what many people on this site and others have done. He smacked our 15 year daughter for throwing a teenage tantrum after running away from home for over 24 hrs. He smacked her twice which is why he was charged twice! He did not punch her, or hit her to cause her serious harm as the charge implies. Our daughter is 21 now and they have a great relationship and she will write a letter to the embassy to this effect. Honestly guys, what do you think his chances are? We have already paid for the ACRO, the travel (800 miles!!!!! 13 hours each way on a bus), hotel oh and a west end show to lighten the mood! Do we go through with the agony or just book a fortnight in Mexico?
Was he charged and convicted? Cautioned? Were the charges dropped? This isn't clear, please specify. It's also not clear if you've already been to an interview at the embassy.
Hi hi was charged and pled guilty to prevent our daughter from the ordeal of a court case. He received a fine. His interview is on 2nd November.
Okay - it was a long time ago so he will most likely be put forward for a waiver of inadmissibility. This will take up to 6 months. He will most likely get a 1 year unlimited travel Visa the first time, then it will be increased as he applies for further Visa's. It's most likely too late to back out now, as you will now be on their systems, however I cannot be 100% sure if this is the case.
If the injuries sustained were minor, it might be worth applying for his notes with the force that arrested him to back this up. This costs £10 and can be done via the police website.
I would also suggest the following:
- Take any evidence that links your husband to the UK, i.e contract of employment, mortgage documents, payslips, savings
- Wear a suit and tie
- Take a good book to read (it might be a long wait)
- Be extremely polite, remorseful, and tell the entire story carefully and without embellishment
- Take proof of any charities he gives too, or community work
It's a long old slog, but the right thing to do. Please DO come back and tell us the outcomes, not enough people do on this forum.
[ Edit: Edited on 12-Sep-2015, at 04:26 by travelman99 ]
Can anyone please tell me where to find information on where to find info about going to us with a criminal record?
Bezo and to anybody... just go get an esta and go. If you go to embassy they will deny you, I just had this problem myself for a crime committed 8 years ago a simple fight in the street charged with ABH, I was a juvenile aged just 17. Do not go to the embassy that is my only advice, its ridiculous, you will be told with what ever crime you have committed that it falls into a category called moral turpitude, basically a made up american word that covers 100's of crimes, murder & rape to simply theft & fraud. INSANE!!!!!
If you are not wanted or have a warranty for an arrest you will sail through, america do not have access to the uk police database.
Take my word everybody, I was denied a visa 3 months ago, I dressed smart was the only smart person in there, everybody else was casual and I was still denied for a simple fight in the street. I was advised by the embassy if I wanted to have another interview to get a lawyer... guess what the lawyer they advise was on the same street as the embassy charging £1500 as a package which wont guarantee you win you case.
All a massive set up, as you cant even appeal there decision!!
You're probably right, it is a huge con and probably puts millions of $ into their Government annually, I can't see any other reason why they would do it in most cases. Who hasn't had a fight once in their lives, and how many people have smoked a bit of weed and never been caught... I can understand it when it comes to murder, major fraud, drug smuggling/dealing etc.
However, the embassy are looking at your ties to the UK. They just don't want criminals over staying their visa. If you have a mortgage, good job, and money, and provide this evidence on the day, you will generally get a VISA or put forward for a waiver.
[ Edit: Edited on 16-Sep-2015, at 10:00 by travelman99 ]
I'm planning on travelling to the states next year. I have 2 convictions both of which are public order offences, one resulted in a fine and the other an 8 month custodial sentence of which I served 4.
The question on the Esta form is very specific as it asks if you have been arrested or convicted of a crime which resulted in serious damage to property or serious harm to a person or government official? I haven't.
I have even gone through different documents to try and compare my offences to those of US law, the closest of which is probably 'disorderly conduct' which apparentley is not regarded as moral turpitude anyway. (Even though the Esta actually no longer mentions moral turpitude)
I have quite honestly and truthfully ticked no on the Esta form and believe I can travel across the pond with a clear conscience and I see no reason why others wouldn't do the same.
I do however, have two questions which are more of a matter of interest. If I were to beadmitted to one state and stayed there for a few days before flying to another, would I have to undergo the same immigration routine despite my passport already having the approved stamp?
Secondly, I understand that as far as the U.S. Are concerned convictions are never spent but if a conviction is spent in the UK, it drops from the database? So if in the unlikely event the U.S wanted to seek your criminal record, presumably they would be unable to as it no longer exists? I could be completely wrong but if that were the case then those with spent convictions needn't even worry?
Sorry, governmental authority not official.