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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon. Is there any chance that a person with 3 felonys

Customer Question

Good afternoon.
Is there any chance that a person with 3 felonys ( one being aggravated battery with a deadly weapon ) committed in 1998 ,can obtain a waiver to visit offspring born & living in USA. Incidentally have visited US embassy London twice to be refused - firstly on economic grounds and secondly on felony grounds, at great expense with payment to us immigration attorney . The crime was committed in domestic violence circumstances. Police statement reads that neighbours overheard " I'm going to kill you". To me the crime was self defence yet deemed as above? Please please give me some advice as son has not been seen in 7 years & I've just become a grandmother to daughter's baby. In constant touch with them & yearn just to visit. Living in uk with mentally challenged son. I have spent many hours researching & it seems I cannot apply for a waiver until 20 years after offence by which time I will be 74 (if) . Please don't ask me to attend a consultation because funds are very limited as all our assets were wiped out in the 2008 property crash & I was widowed in 2010 by the " victim" my husband who refused to testify against me & beged for my return after crime.i am praying that you can give me some comprehensive advice. Thank you very much . Jane
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What sentence and what were the exact charges you were convicted of please?
Customer: replied 2 years ago.
Thank you for your response Alex. My sentence was time served (50 days) ((until I obtained a criminal defense lawyer!)) & two years probation which was dropped to 1 year. 100 hrs community service. As mentioned felonys included "aggravated battery with a deadly weapon","withholding evidence "( I hid the knife under towels) & when in bath after panicking did not open door - "0bstuction" . The sentence was completed by the middle of 1999! I returned to my husband because under the terms of the E2 business visa which stipulated that I could only work in the motel( our corporation) & my ss card also had stamped on it " not valid for employment" I had no family in USA & had 3 young children to care for & protect. Although the violence continued & escalated I had no choice but to remain with him.
Nothing happened & there was no incident until one month after 9/11 when homeland security arrived out of the blue & sent me to jail in Sarasota for deportation. ( no one had reported the 3 felonys to homeland security because presumably those attorneys , judge & supervising offices had got to know me very well by then & did not consider me a threat. After the shock re-arrest my husband hired an immigration lawyer and I waited nearly 7 years, again at great expense, only to be refused & told I would be deported. I left USA in 2008 & as mentioned firstly went on my own accord to us embassy London . The second time I engaged a second attorney, again at great expense, to no avail. After 37 years partnership & 34 years marriage I have lost all my assets, my violent husband ( which was a relief - no more walking on broken glass) & the joy of living with or even been able to visit my children & grandchild. I feel that I'm still being punished & I can't begin to explain how bitterly painful this is. The truth is at age 61 I can barely support myself & unless you can convince me that I have a REAL chance ( with supporting evidence to indicate such) of obtaining a visitors visa i shall not be committing any more monies for attorneys only to be left deeply disappointed. As I said in my previous text I have spent hundreds of hours researching this dilema & cannot see any hope at all until I'm 74 ( 20 years after exit from USA) & then there does not appear to be any guarantees at that point. Please don't ask me to pay more monies for further information just text "impossible "unless you , as requested, can convince me of a genuine case.
Thank you for your help
Expert:  Ash replied 2 years ago.
Were you convicted in the UK or USA?
Customer: replied 2 years ago.
Manatee county Florida. Usa We obtained e2 visa in 1995 - purchased , owned & operated a motel on Anna Maria Island. All records are with courthouse in Bradenton. ***** *****pinski was my defence lawyer. Date of arrest and incident 8th march 1998
My full name is***** guy. Dob - 10 - 12- 1954 (us style)
Thank you. Ps I don't know if I sent u a file or not? Don't think it was what I was looking for which was one of the letters I wrote to us embassy
Customer: replied 2 years ago.
Sorry Alex I see it wasn't what I was looking for!
I do however have lots of papers relating to the above. I think it will take some time to research this & wouldn't expect an answer in a hurry! Thank you again
Expert:  Ash replied 2 years ago.
Thanks. Its bad news I am afraid, its really down to the US whether they let you in. I would agree that given the time that has elapsed they should let you in. But sadly its down to the officer that decides your case as there is no automatic right of entry.
To be honest the chances are slim at best. You have been refused once and you have the record in the USA. All you can do is reapply but sadly there is no guarantee.
Of course they could always come and visit you in the UK and they do not need a visa.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?