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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 109640
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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Can l go on holiday to Orlando as l have a criminal record

Resolved Question:

Can l go on holiday to Orlando as l have a criminal record going back 20 years ago
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 really depends on the crime and sentence. What was the crime and the sentence?
Customer: replied 3 years ago.
Hello, thank you for replying,the crime was wounding,l received a fine and a two year suspended sentence,
L hope this helps
Regards
Steve
Expert:  Guillermo Senmartin replied 3 years ago.
Wounding against whom?
Customer: replied 3 years ago.

another individual

Expert:  Guillermo Senmartin replied 3 years ago.
Yes, I understand that, but who was the other individual? A spouse? A relative? A stranger? A child? Looking for a domestic violence or child abuse or something like that. I know you may not want to talk about details, but I need them. I can have this question locked down for privacy later when we are done so that no one can read it, so do not worry.
Customer: replied 3 years ago.

A complete stranger

Expert:  Guillermo Senmartin replied 3 years ago.

Ok. Then I believe that I have good news for you. Take a look at this link on the 7th page:

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

As you can see, the crime of simple assault (which I assume is similar to wounding) is not considered a crime involving moral turpitude. So you could answer honestly on the ESTA application that you have not been arrested for a crime involving moral turpitude. If an interview results, you should take with you certified copies of the police report and court disposition in order to present if asked in order to prove that it was a simple assault.

IF, it is determined that this crime is not akin to a simple assault and they say that you are inadmissible, then you would have to file for a B-2 visa which can be found here:

http://travel.state.gov/visa/temp/types/types_1262.html

And you would need a 212(d)(3) waiver which can either be done by the immigration officer at the interview or after just on their computer (take a look at this link):

http://www.state.gov/documents/organization/87150.pdf

or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:

http://www.ilw.com/articles/2003,0930-labrie.shtm

So apply for the ESTA as soon as possible. Even if you are approved for it, you should still travel with a set of certified copies of the police report and court disposition. If those are not available because the case is so old, then you will need something certified from the police and court that says so.

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