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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 134394
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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I am british and soon to marry an American and plan to move

Customer Question

i am british and soon to marry an American and plan to move to the USA. I'll need to complete a visa application soon. However, I have a criminal record for "battery" on the document, 2 occurances in the same event, each convicted for 8 weeks improsonment, total 16 weeks in 2014. However, this sentence was appealed immediately and was overturned and reduced to community service. I would like to know what I need to do in order to gain the visa. It would obviously create a problem if I was denied a visa when i am married.
Submitted: 18 days ago.
Category: US Law
Expert:  Virtual-mod replied 18 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 18 days ago.
thank you
Expert:  Guillermo Senmartin replied 17 days ago.

Hello! My name is***** and I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer.

Was it a simple battery or was it a domestic violence issue? Who was the battery against? And did you have to admit to the crime in order to get the sentence reduced? It seems like you were still convicted of battery, even though the sentence was reduced, correct?

Customer: replied 17 days ago.
I was convicted of battery yes. I don't think I ever admitted guilt? Not sure how I would check that. It was certainly a long time ago.
Customer: replied 17 days ago.
In the document in all cases I plead not guilty
Customer: replied 17 days ago.
Am I allowed to send a copy of my police report in complete confidence with you?
Expert:  Guillermo Senmartin replied 17 days ago.

Battery against whom? And no, do not send a document unless you black out your name, address and other identifying information.

Customer: replied 17 days ago.
I believe it went down as "common assault"
Customer: replied 17 days ago.
ok good to know
Expert:  Guillermo Senmartin replied 17 days ago.

Who did assault?

Customer: replied 17 days ago.
two people. one I knew, other I did not. the one I knew, was a girlfriend at the time however no physical harm was actually done. the other person I didn't know I pushed away from me and unfortunately that person fell over and cut their lip upon falling
Expert:  Guillermo Senmartin replied 17 days ago.

Well, if it can be seen as domestic violence, it could require you to prove that you would not be a danger to your spouse and may require an I-601 waiver where your spouse would have to prove extreme hardship to themselves if you were not granted the waiver. I am not sure it will get that far from a simple assault, with no jail sentence, but at least you know and here is a link, just in case:

Application for Waiver of Grounds of Inadmissibility | USCIS

But you will need to disclose it and you should provide a certified copy of the police report and the court disposition.

My goal is to provide you with excellent service – but we are NOT done if you need to continue. If you feel you have received anything less than excellent service or you just simply have additional questions, please reply back as I am happy to address a few (within a reasonable limit) follow-up questions for you and there is no additional charge. Also, should you need help reviewing documentation or additional services outside of this website, we can upgrade the service to communicate in private about that.

Customer: replied 17 days ago.
I was holding onto my girlfriend a bit tight, like a bear hug, as I think I had a spiked drink and I was not feeling good.
Customer: replied 17 days ago.
the other person approached me to help my girlfriend (I was rather heavy I'm guessing) and I was scared and pushed the other person away after having shouted get back
Customer: replied 17 days ago.
ok, good to know
Expert:  Guillermo Senmartin replied 17 days ago.

You are very welcome. If you need additional help on this case, just reply here and I will help if I can. For any different cases in the future, remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

Customer: replied 17 days ago.
you do think that I should still be CAPABLE of gaining a visa in the US?
while I know you can't give a definitive guarantee on the answer
a visa for me wouldn't be out of the question
Expert:  Guillermo Senmartin replied 17 days ago.

Yes, I think you can because it was a simple assault and the sentence was minor.

Customer: replied 17 days ago.
I ask as I'm planning to get engaged in 1 month, so I would like a level of "certainty" that I'm not going to be rejected.
Customer: replied 17 days ago.
ok thank you
Customer: replied 17 days ago.
would it be helpful in the application to actually have a letter of recommendation/personality letter written by my ex girlfriend who was involved? for my visa application. she actually stays in touch (infrequently) but have been long time friends
Expert:  Guillermo Senmartin replied 17 days ago.

My pleasure.

Expert:  Guillermo Senmartin replied 17 days ago.

That could be helpful or a psychological evaluation, but they will let you know if they need something like that.

Customer: replied 17 days ago.
though I was convicted in one case for actions towards her, she was trying to defend me in court too
Customer: replied 17 days ago.
psychological evaluation on me?
Expert:  Guillermo Senmartin replied 17 days ago.

Yes, correct.

Customer: replied 17 days ago.
ok
Expert:  Guillermo Senmartin replied 17 days ago.

Ok.