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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109639
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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As a UK citizen, If I have a criminal conviction can I visit

Resolved Question:

As a UK citizen, If I have a criminal conviction can I visit the UNited States for a one week business trip
Submitted: 3 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 3 years ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.



It depends on what the conviction is for, what the maximum time is that you could have gotten in jail, what time you were actually sentenced to, and finally, the type of visa that you will apply for to enter the U.S. Please answer all those questions for me so that I can let you know. Thank you.
Customer: replied 3 years ago.
Hello there, here are the answers to your questions:
1. 6 month sentence (suspended for 18 months) June 2013
2. Reason : broke a Court injunction - employing someone who I'd been injuncted against employing (from a competitor firm with a toe red covenant in hs employment contract)
3. I hoe to travel to Unted States on a 1 week business trip in March 2014

I look forward to your response

Anthony
Expert:  Guillermo Senmartin replied 3 years ago.
You mean this was a civil matter, you violated a court order and thus is became a criminal offense and you received an 18 months jail sentence that was suspended and you only got 6 months in jail? What was the exact wording of the charge?
Customer: replied 3 years ago.
Yes, You are correct - it was a civil matter. I received a 6 month prison sentence for breaking the Court injunction - but the sentence was suspended for 18 months - so I was not committed to prison. I was told that if I broke another Court injunction (or any criminal act) within the 18 month period - I would go to prison.

As per my previous comments, I'm planning a 5 day business trip to Chicago - so I assume the visa type will be a business visa (or isn't that important?).

Apologies, I don't have a copy of the exact sntence wording - but hope I've provided sufficient information for you to give me a response?

Thanks in anticipation,
Anthony.
Expert:  Guillermo Senmartin replied 3 years ago.

Luckily, I have some good news for you. Take a look at this link on the 37th page:

http://www.vongeyso.com/files/images/cimt_list.pdf

Since this crime seems to be contempt of court because you violated a civil injunction and it had nothing to do with domestic violence, I believe that it does not fall into a crime involving moral turpitude. Therefore you should not be prevented from using an ESTA Visa Waiver, nor a B-1. If you need to stay longer than 90 days, you should apply for a B-1. If you just need to stay for a week and will not be getting compensated by a U.S. source, then just use the ESTA Visa Waiver.

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