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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108043
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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My question (hopefully a simple one) is I travel on the

Customer Question

Hi,
My question (hopefully a simple one) is I travel on the esta for business to the U.S. My last trip to the USA seen me arrested for a bar fight which ended with me walking out of court with 2 counts of disorderly conduct. After reading the U.S. Immigration on ESTA. The example they gave was for a DUI where you do not need to declare. The bar fight ended with no serious injuries (no hospital visits) and a fine of $325 which has since been paid in full.
My current esta expire may 2016. Would I need to apply for a new visa for these offences or would I be able to keep my current esta and take with me my arrest and court records just in case?
Thanks,
J
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. If you are going to travel before expiration of the ESTA, I think it is a good idea to travel with CERTIFIED copies of the police report and court disposition to prove that it was not a crime involving moral turpitude. As long as it was a simple bar fight, not a domestic violence issue and there as no depraved intent, you should be ok. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 1 year ago.
Thanks for the speedy reply!!Would I be able to send you the police report offline for your viewing to just confirm everything I have said and to make sure you are happy with the advise supplied? (I'm in the progress of getting the court record and should have this today!)Thanks again!
J
Expert:  Guillermo Senmartin replied 1 year ago.
You can black out the private information, scan it and upload it here if you like.
Customer: replied 1 year ago.
I can give that ago! Please give me about an hour to get home and redact the document.
Expert:  Guillermo Senmartin replied 1 year ago.
Take your time. Your question does not close. No need to respond now. Just upload it later. Thanks.
Customer: replied 1 year ago.
Thank you for your time. Please see attached arrest record.I am still waiting on the court records. In short, when in court, i pleaded guilty to which the DA drops the 3 counts of HAR down to 2 counts of disorderly conduct. No further issues or outcome after that. Due to the minor injuries no one wanted to press charges. I do however, have a 2 year ban from the bar and 2 year of not being allowed near the people and/or place of work. Nor allowed to own a gun while in the US.Is there anything else you need from me to provide a strong answer?
Expert:  Guillermo Senmartin replied 1 year ago.
Take a look at this link on the 86th page: http://www.nationalimmigrationproject.org/legalresources/cd_so_Chart%20-%20New%20York%20Offenses%20-%202006.pdf Disorderly Conduct is at the top and it is not a CIMT. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Customer: replied 1 year ago.
Sorry to confirm. I should not apply for a new visa and declare this?
Expert:  Guillermo Senmartin replied 1 year ago.
Yes. That is correct. Travel with those certified documents and if they ask, you will have them ready to show. Let me know if you need anything else, but please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are NOT charged again and we do NOT finish just because it says, "Rate to finish" or something like that. I will not abandon you after you rate me positively if you have additional questions. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you for your understanding!
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 108043
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Guillermo Senmartin and other US Law Specialists are ready to help you
Expert:  Guillermo Senmartin replied 1 year ago.
Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
Customer: replied 1 year ago.
Hi,Sorry to bother you again, please see attached.Also, the ESTA asks the following question: i quote: "Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?*"Can I still answer no?Thanks,
J
Expert:  Guillermo Senmartin replied 1 year ago.
I don't mind answering a few follow-up questions, even for a low question value (which this is), but this document is going to open up a can of worms. I'm having a very busy day today and cannot spend a significant amount of time on this. Anyway, it looks like you were convicted of one of the counts for Harassment 2nd degree. Let me put it to you like this, if you answer no because you believe that there was no serious harm done, then it becomes an argument over what "serious harm" means. If the immigration officer believes that "biting" can and did cause a serious injury, then you could be charged with trying to procure a visa through fraud or misrepresentation which is a permanent bar meaning that you would forever more need a waiver to get a non-immigrant visa in the future. Of course, there is a chance (I cannot tell you if it is a good or bad chance) that they will let you by and agree with you. If you answer yes, you would be denied entry on an ESTA or denied an ESTA. You would have to apply for a B-2 tourist visa, but at least you won't need a waiver unless they exclude you at the port of entry which carries a 5 year bar. Again, I know you will have a few questions, but please keep in mind that I cannot spend a significant amount of time on this. Thank you for your understanding.

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