Youth Boys Baseball
How esy will it be for a muslim British citizen with a caution and speeding offence to visit USA for holiday?
If a muslim british citizen has a caution for possession of an offensive weapon in a public place and one speeding conviction, how easy will it be for that person to visit the USA for holiday.
This person got the conviction because he grabbed a baseball bat to chase away a gang of lads who had commenced a racially motivated attack on on one of his neighbours. He basically was trying to save someone's life in response to cry for help from the mother of a boy who was being beaten up by youths. But by the time he got to the scene the bad lads had escaped and the police caught him at the scene with a bat -hence the caution.
He is otherwise a law abiding citizen who enjoys the Great Outdoors and wants to visit USA for leisure.
But I hear the Americans have recently become DRACONIAN about allowing anyone to enter the States with any tarnish against their records. Is this true?
He has a record for trying to save a life. Will authorities consider situation behind his caution?
May I presume that a "caution" is not an arrest and conviction? If it is not, then it doesn't count. The visa form asks if the applicant has ever been arrested or convicted. Please answer truthfully (and by the way, good for the guy with the bat!!)
We Americans have always been draconian about not giving visas to criminals - it is just that now we have more ways to check on whether they're telling the truth.
Further:
in answer to your private query, since you can't receive responses directly:
He is only ineligible if he was convicted of 'a crime of moral turpitude.' Speeding is not one. Here is a pair of good definitions:
The definition of “moral turpitude” given in 2 Bouv. Law Dictionary . . . is as follows:
An act of baseness, vileness or depravity in the private and social duties which a man owes to his fellow men or to society in general, contrary to the accepted and customary rule of right and duty between man and man.
And Black’s Law Dictionary . . . adds that moral turpitude is “[c]onduct contrary to justice, honesty, modesty, or good morals.” These are precisely the definitions which have been used by the courts in defining “moral turpitude” in disbarment proceedings.
And here is a list of typical CIMTs:
* murder;
* voluntary manslaughter;
* rape;
* statutory rape;
* domestic violence;
* prostitution;
* fraud and crimes where fraud is an element
* all theft offenses (but see receipt of stolen property below);
* blackmail;
* malicious destruction of property;
* arson;
* alien smuggling;
* harboring a fugitive;
* bribery;
* perjury
In my experience, your friend's legal problems are not CIMTs, and will not bar him from entry into the US.
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