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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi- I have an existing visa for entry to the usa as a visitor.

Customer Question

Hi- I have an existing visa for entry to the usa as a visitor. I applied foR this as I have a drunk whilst in charge of a vehicle charge from many years ago. My visa is valid until 2019.
Since then, last year i was fined for a minor offence of obstructing a police officer, in a traffic incident. I need to travel to the USA in the next few months for work. Do I need to infOrm anyone oR do anytHing? Or is my current valid visa enough to travel?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

You only need to declare offences that are designated 'moral turpitude'.

Alex Watts :

The offence of obstruction is NOT such an offence.

Alex Watts :

Therefore you do not need to declare it.

Alex Watts :

Whilst obviously your visa does not guarantee entry, this is not a matter which you need to delcare

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-25sm3wly- : Hi
JACUSTOMER-25sm3wly- : Are you 100% of that- I have read that all convictions need to be declared?
JACUSTOMER-25sm3wly- : its very confusing and I'm not sure what to do
JACUSTOMER-25sm3wly- : i need to travel in April
JACUSTOMER-25sm3wly- : is this something you've encountered before
Alex Watts :

No - only offences involving moral turpitude.

Alex Watts :

In any event it is right to say that they do not have access to your convictions here in the UK

Alex Watts :

Hundreds of people go every day with convictions and do not declare them

JACUSTOMER-25sm3wly- : But my drunk in charge was not involving moral turpitude?
JACUSTOMER-25sm3wly- : I know but as I already have a visa page they may ask why?
Alex Watts :

No drunk in charge is not.

Alex Watts :

Please see:

Alex Watts :

http://www.state.gov/documents/organization/86942.pdf

Alex Watts :

This is all the offences that ARE included.

Alex Watts :

Yours is not included.

JACUSTOMER-25sm3wly- : ok great - so I can travel freely and if they ask i can tell them abouT obstrUcTion and still be ok?
Alex Watts :

Yes

Alex Watts :

Of course you (as they) are never guaranteed entry and the decision is down to the Immigration Officer

Alex Watts :

However you are not required to declare this as it is not a conviction that needs to be disclosed as per the list above

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-25sm3wly- : but legally I am ok to travel then?
Alex Watts :

Yes.

Alex Watts :

But as I said entry for you, as for everyone, is never guaranteed

Alex Watts :

But highly likely.

JACUSTOMER-25sm3wly- : are you trained in us immigration law?- not trying to be run but just want to make sure as I've heard so many conflicting opinions about this
JACUSTOMER-25sm3wly- : rude sorry
Alex Watts :

Am I specfically a US immigration lawyer - no.

Alex Watts :

But then none of the experts on here are.

Alex Watts :

But I have been to the USA around 50 times and indeed held visas.

Alex Watts :

And indeed the guidance available from the State Department

Alex Watts :

1) You have a visa

Alex Watts :

2) You only need to declare convictions involving moral turtpude

Alex Watts :

This is NOT included

JACUSTOMER-25sm3wly- : Ok thank you
Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-25sm3wly- : That is good thanks
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Alex Watts :

Please do take a moment to leave feedback before you go today

Alex Watts :

I see the other expert said the same as what I said - might I invite you to consider feedback?

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