The battery will go against him. The drunk driving technically doesn't count, but the official can't help but see it as yet another strike against his not being able to control himself. It's still 3 court convictions within a decade and that doesn't bode well.
That said it's impossible to predict the outcome. If he shows up very well presented and has every possible document arranged and organized then who knows, it's all up to impressing the official that he's not a possible threat when he's in the US.
Just to add to Terry's point - 3 convictions will count against him. Have you not heard of the awful 3 strikes rule Clinton brought in? Also I can't see ABH not being a CIMT - I'm sorry but id rather be honest with you.
Saying that, it was a long time - A lawyer recently told someone on this forum that the interview is purely verbal. Supporting paperwork you bring with you will not be considered - they are trained to judge character in this interview. This said, if your partner is remorseful, honest, and clear, I would say there is a good chance of being granted a waiver due to time passed - but this WILL take 6-8 months.
[ Edit: Edited on 09-Apr-2016, at 02:15 by travelman99 ]
Thank you for your replies, I've read so many different experiences from people sharing their stories, does it matter that his conviction was at the magistrates court which the maximum sentence for a ABH crime is 12months, however crown court is when the ABH conviction is considered seriouse bodily harm and could get sentence to 5to7 years in prison, on the embassy website it suggests that crime with the maximum sentence of imprisoment is five years or more the person will be ineligible for visa. However because his was at magistrates and not crown the maximum sentence would be 1 year. He's sentence was a suspended sentence of 3 months wholly suspended for 12months. The battery doesn't fall under CMIT and nether does the drink driving, and many people who have been convicted of multiple conviction which doesn't involve CMIT have obtained a visa. Regardless of when the crime was committed, Because the ABH was 10 years ago and the attack wasn't with intent and was a reaction to self defence, the guy was left with a few bruises, hardly seriouse bodily harm. My partner appealed against the conviction because the guy strangling him and acted in complete self defence, however the court said if he had just hit him once and walk away he wouldn't have been convicted. We do have strong ties and his nature is very quiet not an aggressive guy. I really hope we get to go on the Florida holiday we have the return dates so he is only going to be there for 2 weeks. From what I have read some people are lucky and others are not all depends who you get I have heard success stories on ABH and GBH convictions.
Good luck Lucretia, and please let us know how it turns out.
All the best to you.
Hi Im thinking of travelling to america next year and am wondering if I am ok to go there. I have 1 conviction for driving away from and failing to report an accident back in 2002. Ive tried checking on line but all the information is confusing?
Like so many queries on this forum regarding Visa/Immigration questions you fail to mention the single most important piece of info: Your nationality.
That said... lets assume you're another silly/dumb Brit. Simply read the last 15 or 20 pages of this thread and your query has been answered ad nauseum.
I think your be fine tbh as long as you didn't harm anyone. Drink driving offences are not considered CMIT do you research looking at what is classed as CMIT their is a huge list which is why I'm worried about one of my partners conviction as ABH can fall under this. He has a simple drink driving offence which I'm not worried about
Hi everyone, I've read the whole thread but as my situation seems a bit different from what people normally post, I'll go ahead and post it here anyway.
So, I'm not British but I have 2 passports (both EU countries, say country A and B). I was arrested in the UK a few years ago (I entered the country using passport A) on the suspicion that I committed a CIMT, but I was not charged with any specific crime. I'd prefer not to name the exact crime but if I was guilty I would've been put on the sex offenders list, and after consulting legal advice the general 'concensus' was that if I was found guilty I would likely be sentenced for anywhere from three to 18 months, with a high chance of it being a suspended one, as well as a very small chance of it not being jail time but community service instead. I was posted on bail and due to return to the police station but I left the country. Please do not judge me for my actions as I was still a minor and didn't want my life ahead of me ruined at the time. I currently live in country B, and have since travelled abroad using my passport from country B without any problems.
I would now like to visit the US, using my passport from country B. The last time I visited the US there was no such thing as ESTA and I entered using my passport from country A. I obviously realise that nobody on this planet can tell me for sure what would happen at the US border should I tick no on the ESTA form, but could some of the experts on this thread shed a light on their own opinions? Thanks a lot for your help.
Sorry for not being more specific about the countries of my passports and the crime that I was suspected of having committed as I'd rather not disclose too much on an open forum. I can PM you if you require more details.
"... I obviously realise that nobody on this planet can tell me for sure what would happen at the US border should I tick no on the ESTA form..."
That says it all.
My personal guess is you'll be fine, but who knows.
Hi..my situation may have been addressed here somewhere but im still unsure..
I am a uk citizen with a uk passport..I was convicted and fined for shoplifting forty years ago 1976 im now 64
I have been so ashamed that I have never shared this with anyone at all. This was the only time I have been in trouble.
I am a responsible adult and parent.
I would appreciate some feed back as I have read every thread but still confused
my partner who knows nothing of this wants to go cruising to caribean via NY which would be in transit only..
Should I apply to embassy ? Or try to avoid altogether..
Thank you for any advice or opinion you may want to offer....