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Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2850
Experience:  Partner in national law firm.
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Hi, Ive booked to go to America at the end of June. After

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Hi, I've booked to go to America at the end of June. After booking it I realised that I won't be able to fill out the visa waiver form because of a minor criminal record of assault. The assault charge was given when I was a student, fighting outside my student union against a rival rugby team ect ect, young and wreckless at the time.

If I were to own up to the assault charge and apply for the standard visa, not only will I risk not being granted one, I also might not get it on time for the date I am due to travel. Plus all the expenses of travelling to Belfast to get one (London embassy visa interviews are booked months in advance) and the inconvenience of it all.

At this point in time, it seems simpler to just fill out the visa waiver form and don't mention my conviction. My only anxiety is, if I do so will the conviction come up on my biometric passport when it is swiped through their system.

Many Thanks in advance,

Hi my name is XXXXX XXXXX I'm happy to help with your question today.

How long ago was the assault?
Customer: replied 5 years ago.
The assault was three years ago, the outcome was a community order which I completed and received good feedback from charity shop in which I worked in. I also had several references prior to the court case, explaining to the magistrates that it was very out of character for me to behave in such a way.
Thanks for the additional information.

I can advise on UK law and in general terms about the VWS. For more specific advice on US immigration law you will have to consult a US lawyer.

Under UK law the conviction is disclosable for 5 years. After that time it is considered 'SPENT'.

For the purpose of applying to enter the US you must be truthful about your conviction. Whilst the conviction may not necessarily appear when a biometric passport is scanned any form of criminal record check will reveal the conviction. If you have not revealed the conviction you may find yourself in difficulty - entry will be refused and you may render yourself liable to prosecution.

Applying for a visa is going to be hard work, especially if the convictions for violence, but the botXXXXX XXXXXne is that you cannot lie about your conviction, even it means remaining silent about its existence.

I'm sorry I could not be more positive.

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