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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48194
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can I travel to America as I was convicted of ABH in 2009?

Resolved Question:

can I travel to America as I was convicted of ABH in 2009?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What was the sentence?

Customer:

A fine and 80 hours community service

Ben Jones :

ok let me get my response ready please

Ben Jones :

If you wish to travel to the US then you must first establish whether you are eligible for Visa-free travel under the ESTA programme, and if not, consider what the chances of travel are.


 


You are not eligible for visa-free travel if you have been convicted of a crime that amounts to moral turpitude or if you have ever been arrested in your life. Whilst ABH does not specifically amount to a crime of moral turpitude, I presume you were arrested in connection with this crime and as such you will have to declare this and will be required to apply for a visa.


 


When you apply for a visa you will likely have to attend an interview at the US embassy where they will determine your suitability for travel. A decision is made based on your individual circumstances, how you appear to answer their questions, your criminal history since and before then, their opinion on whether you are likely to reoffend and basically the personal opinion of the interviewing officer. As such it is entirely impossible to predict whether you will be granted a visa or not – one officer on one day may decide there is no problem with you travelling, another on a different day may have a different opinion and decide not to issue you with a visa.


 


However, I would hope that with the fact this offence does not specifically amount to a crime of moral turpitude, which are the more serious offences in their opinion, it should not be an issue to grant you a visa for travel.

Customer:

Thank you for the advice

Ben Jones :

You are most welcome

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