Visa entry question - USA

Hi,

A quick (but painful) question.

I am due to travel to florida from the UK in October. However, due to my own
stupidity I have very recently been charged and plead guilty to a (very
minor) common assault.

I therefore now have a criminal record and do not qualify for the visa
waiver scheme as I did for my last 2 visits to the US.

I have spoken to the US embassy in London and they have advised me I will
need a Visa to allow me to travel to america (shouldn't be too much problem
I hope), however they informed me that a visa ONLY allows me to TRAVEL TO
the USA, and does NOT guarantee me to be allowed in when I get there!!!!!!!
Basically if the immigration officer doesn't want to let me in that's it, I
have to get a flight home straight away. Gulp!

My question is, does anyone on here have any experience of a similar
situation and can anyone advise me of the likelihood of my being refused
entry to the country..?

I am a UK citizen, with a previously good character who has visited USA
twice before, and it was only a very minor common assault.

Help and advice please....

Another person looking for legal information in a travel newsgroup. Any
solicitors/lawyers/persons of legal persuasion here wanting to give free
info?


"Paul" wrote in message
news
Hi,

A quick (but painful) question.

I am due to travel to florida from the UK in October. However, due to my
own stupidity I have very recently been charged and plead guilty to a
(very minor) common assault.

I therefore now have a criminal record and do not qualify for the visa
waiver scheme as I did for my last 2 visits to the US.

I have spoken to the US embassy in London and they have advised me I will
need a Visa to allow me to travel to america (shouldn't be too much
problem I hope), however they informed me that a visa ONLY allows me to
TRAVEL TO the USA, and does NOT guarantee me to be allowed in when I get
there!!!!!!! Basically if the immigration officer doesn't want to let me
in that's it, I have to get a flight home straight away. Gulp!

My question is, does anyone on here have any experience of a similar
situation and can anyone advise me of the likelihood of my being refused
entry to the country..?

I am a UK citizen, with a previously good character who has visited USA
twice before, and it was only a very minor common assault.

Help and advice please....

"Paul" wrote:
A quick (but painful) question.
I am due to travel to Florida from the UK in October. However,
due to my own stupidity I have very recently been charged and
plead guilty to a (very minor) common assault.
I therefore now have a criminal record and do not qualify for the
visa waiver scheme as I did for my last 2 visits to the US.
I have spoken to the US embassy in London and they have
advised me I will need a Visa to allow me to travel to America
(shouldn't be too much problem I hope), however they informed
me that a visa ONLY allows me to TRAVEL TO the USA, and
does NOT guarantee me to be allowed in when I get there!!!!!!!
Basically if the immigration officer doesn't want to let me in that's
it,
I have to get a flight home straight away. Gulp!

Please note that whatever I say here is not legal advice, as I am not
licensed to practice law in the federal courts of the U.S., nor do I
have _any_ experience in immigration law, merely the speculation
of an armchair internet devotee.

From what I've read+heard, what generally keeps a visitor out
are felonies (major crimes punishable by more than one year
imprisonment) and misdemeanors involving "moral turpitude."
According to one source relating to deportation: "[A]ssaults not
involving dangerous weapons or evil intent have been held not
to involve moral turpitude..."

From this, I'd /guess/ that an isolated simple assault would get
a pass (not excluded), but if the conduct was part of an effort
to commit another evil deed, you'd be closely scrutinized. You
may be asked a few questions about the underlying facts, and
that's the crux of the matter.

You may find better information from the U.S. Department of
State's website. My 2 cents: If the U.S. embassy saw fit to
give me a Visa, I'd chance it on the premise that INS is not
going look very far past the face of the Visa itself.

For an amusing look at this issue (but which may not amuse you),
see the movie starring Tom Hanks and Catherine Zeta-Jones,
"The Terminal" (2004). =R=

Hi,

Many thanks for your replies. I'll take the advice offered greatfully.

Thanks again,

Paul


"Paul" wrote in message
news
Hi,

A quick (but painful) question.

I am due to travel to florida from the UK in October. However, due to my
own stupidity I have very recently been charged and plead guilty to a
(very minor) common assault.

I therefore now have a criminal record and do not qualify for the visa
waiver scheme as I did for my last 2 visits to the US.

I have spoken to the US embassy in London and they have advised me I will
need a Visa to allow me to travel to america (shouldn't be too much
problem I hope), however they informed me that a visa ONLY allows me to
TRAVEL TO the USA, and does NOT guarantee me to be allowed in when I get
there!!!!!!! Basically if the immigration officer doesn't want to let me
in that's it, I have to get a flight home straight away. Gulp!

My question is, does anyone on here have any experience of a similar
situation and can anyone advise me of the likelihood of my being refused
entry to the country..?

I am a UK citizen, with a previously good character who has visited USA
twice before, and it was only a very minor common assault.

Help and advice please....

On Wed, 04 Apr 2007 22:41:24 GMT, "Paul" wrote:

Hi,

A quick (but painful) question.

I am due to travel to florida from the UK in October. However, due to my own
stupidity I have very recently been charged and plead guilty to a (very
minor) common assault.

I therefore now have a criminal record and do not qualify for the visa
waiver scheme as I did for my last 2 visits to the US.

I have spoken to the US embassy in London and they have advised me I will
need a Visa to allow me to travel to america (shouldn't be too much problem
I hope), however they informed me that a visa ONLY allows me to TRAVEL TO
the USA, and does NOT guarantee me to be allowed in when I get there!!!!!!!
Basically if the immigration officer doesn't want to let me in that's it, I
have to get a flight home straight away. Gulp!

Remarkably, it sounds like you received correct information from the
embassy. Visas are issued by the U.S. Department of State; the border
is guarded by U.S. Customs and Border Protection, who are part of the
Department of Homeland Security, and having a visa in no way
"guarantees" entry to the U.S. You have described your crime as very
minor. What really matters is what the maximum penalty for that crime
is, and what penalty you served. Depending on the answers, you might
be inadmissable under INA § 212(a)(2)(A)(i)(I). If so, you probably
wouldn't even get the visa in the first place, but you might be able
to get a waiver of inadmissability. You are going to need the help of
an immigration lawyer to find out your real chance of success.

On Apr 5, 2:11 pm, (Bill) wrote:

[U.S.] Visas are issued by the U.S. Department of State; the border
is guarded by U.S. Customs and Border Protection, who are part of the
Department of Homeland Security, and having a visa in no way
"guarantees" entry to the U.S.

AFAIK, having a valid visa to *any* country still does not guarantee
entry to that country. Having a visa when it's required is definitely
a necessity, but it's not a guarantee of admission. The ultimate
decision to admit you to a country is by the immigration officer, who
in most cases may turn you away for any reason at all.

--
K.

Lang may your lum reek.

On Wed, 04 Apr 2007 22:41:24 GMT, "Paul" wrote:
SNIP
I have spoken to the US embassy in London and they have advised me I will
need a Visa to allow me to travel to america (shouldn't be too much problem
I hope), however they informed me that a visa ONLY allows me to TRAVEL TO
the USA, and does NOT guarantee me to be allowed in when I get there!!!!!!!
Basically if the immigration officer doesn't want to let me in that's it, I
have to get a flight home straight away. Gulp!

Hi

As I understand it, that applies anyway. I forget where I got the
information from, but my understanding is that even on the Visa Waiver
scheme, if the immigration officer doesn't want to let you in - for
whatever reason (and he apparently doesn't have to give one) - then
you are on the next flight home.

Regards
KGB