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I have a domestic abuse on my record from 2006 my sentence…

Customer Question
I have a domestic abuse...
I have a domestic abuse on my record from 2006 my sentence was deferred for one year then admonished, does this affect me traveling to the USA on vacation?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 2 minutes by:
1/23/2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,949
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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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.

Have you applied for a visa? Did you disclose this issue when you did?

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Customer reply replied 2 years ago
Hi the UK has a Visa waiver program in place which I qualify for however I have a charge as explained so I applied for a ESTA and authorisation was approved however this did not ask about this type of charge
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Yes, I am aware of that. Unfortunately, you only qualify for the ESTA if you do not have certain things in your background. What was the exact question on the ESTA form that you answered that you believe does not ask about this type of charge? When did you answer that question? I ask because the new questionnaire leaves such a question pretty open to be able to catch most such charges/situations/issues.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

You are at risk of being excluded from the U.S. if you use the ESTA. You should have to file for a B-2 visa which can be found here:

http://travel.state.gov/content/visas/english/visit/visitor.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):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

You can find more information here:

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

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.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 2 years ago

Hello Billy. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Guillermo Senmartin, Immigration Attorney
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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