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. |