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Alice H
Alice H, Solicitor Advocate
Category: Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My son is 16 and was arrested for breach of the peace in March

Resolved Question:

My son is 16 and was arrested for breach of the peace in March but not charged or convicted. He plans to travel unaccompanied to usa in summer when he will be 17. Do I need to apply for a visa? Don't think it's regarded as crime of moral turpitude and he is juvenile.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I am a Solicitor based in London. I'm happy to help with your question today.

Alex Hughes :

Has he ever been arrested for any other criminal offence?

Alex Hughes :

Has he ever been given a reprimand, warning or referral order?

Customer:

No

Alex Hughes :

Breach of the Peace is not a crime of moral turpitude.

Alex Hughes :

I will get the legal reference for you shortly.

Customer:

I assume that would mean he would not need to apply for a visa

Alex Hughes :

He does not need to apply for a visa. I have double checked the legislation and breach of the peace does not fall into the category of moral turpitude.

Customer:

Am I also right in thinking that as a juvenile he would be exempt from admissibility anyway

Customer:

Inadmissibility!

Alex Hughes :

Here is a very helpful article confirming the position: http://www.usvisalawyers.co.uk/article13.htm

Alex Hughes :

They have a general discretion to exclude offences involving moral turpitude committed before the age of 18 years. But, of course, this would not apply to your son anyway as breach of the peace is not such a crime.

Alex Hughes :

As far as I can see his arrest will not present a problem and he need not apply for a visa.

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