Travel to the US

[gingey1]

I am due to travel to the US in July 2009 for my honeymoon.

In Jan this year, I was charged with assault and Breach of the peace after trying to defend myself. My trial isn't until the end of June. If found guilty, I won't have time to get a Visa to the US.

Any advice folks?? Thanks.

[uno.who]

No visa - no entry. The USA isn't a soft-touch like the UK and will accept no excuses.

The other issue gingey is whether or not you have previous convictions for similar offences. In those circumstances you might face a prison sentence if convicted.

Speak to your solicitor to see if the trial can be delayed until your return - it's your best option.

[gingey1]

I don't have any previous convictions for anything.

I'll just do the Esta thingy online.

[uno.who]

Gingey - that's your best option. Do it now. In response to the question relating to : Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? ... you can honestly answer "no" to.

I hope your wedding and honeymoon go well.

[uno.who]

p.s. The original "best option" only applied where you intended to wait until the trial date before applying.

That's too big a chance to take, in my humble opinion.

[rubbishname]

Thats 2 offenses. Remember also that the VWP question relates to arrests.

You basically need to know the District of Columbia criminal codes, and whether the maximum possible sentence is greater than 5 years in US jail - not the maximum possible under UK law. Also whether the assault charge could be classed as a crime involving moral turpitude.

Basically the time line is not good, as a visa wouldn't be issued before the court hearing.

Immigration lawyer may be your best bet on this.

[rubbishname]

If you are found not guilty, remember you are entitled to have your details removed from the police natinal computer.

Google "removing records from pnc" for further reading.

[1313gray]

Hi
Speaking from expereience its a nighmare. You most definitly need to apply for a visa only a fool would tick no on the form and try and chance it. You need to apply simply because you have been arrested even though not charged. I know this from hours of endless phone conversation with the embassy. I even phone the airport and when they explained how their system works it scared me so I was no fool to trying it out. Try to get appointment with belfast it much quicker and my hubby was seen within a week and passport ans visa was received in the poat the very next day. You will be fine but would not travel without it. We were't aware we needed a visa until a few weeks b4 but done it all properly and so pleased especailly when we saw people being hauled in at the other end. Like you say you have saved very hard and probaly a once in a life time opportunity and you want it to be stress free. Once you have the visa in your passport your safe to travel without concern for the next 10 years. hope this helps anything else I can help you with just ask x