Applying for a visa for USA with two convictions?

[Emz2019]

We are looking at going to Florida for a holiday but my partner has one arrests and convictions, one for common assault and one is a driving conviction. They were both at the same time. Does anyone know if these would stop him getting into the USA? Or is it just for more serious crimes ?

No it’s for most crimes. He’d need to apply for a b visa at the embassy in London instead of using an online visa waiver. The visas last a couple of years usually so you could apply before booking.

Ok thanks and is he likely to be accepted for a visa? As besides the one incident he has no other arrests or convictions

Unlikely. Would have been fine with just driving but assault will be problematic

I don’t know, sorry. Depends on the nature of the incident and how long ago it was. Providing he didn’t serve time, probably.

The US doesn't really have the concept of spent convictions and is really strict about who they let in. Depending on what the conviction was for there's a good chance he won't get the visa. But better to apply for the visa than get turned away at the border.

There's some good info on this page (including links to the relevant US counsulate sites):hub.unlock.org.uk/knowledgebase/travelling-to-america-usa-simple-guide/

The assault makes it extremely unlikely. If the assualt was of a police officer you can forget it.

It’s not unlikely he would get ruled inadmissible at the embassy for a visa. So long as the aggregate sentence of the two convictions was not more than 5 years he shouldn’t be inadmissible. He’ll just have to formally apply for a visa rather than use the visa waiver program (ESTA).

Here is the relevant information from the state department:

travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

He might come under the following exception:

“(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were 5 years or more is inadmissible.”

The most he could have got was 2 years, the assault was holding out his arm and someone who jumped at him. So in my eyes it was not an assault at all, the person had no injuries and was not hurt. But because they made contact it was an assault. But he was never sent to prison it was a community order. So how do we go about applying for a visa? Is it pricey?

Sorry the assault was my partner held his arm out as someone kicked his car then wen to jump at him so my partner held his arm out to stop this person colliding with him then this other person stumbled back wards. Was never hurt at all. Then my partner got into his car and drove off quickly as his car was being kicked by more people. That was the driving conviction too. However nothing at all ever happened to these other people

Doesn't matter the circumstances. All the US care about was that he was convicted for assualt.

Given the short sentence he isn't definitely excluded. That is not the same as saying he will definitely get a visa.

It's not hugely expensive, but will require a trip to the embassy. (That can be expensive)

Holding your arm out doesn't sound like an assault. He was convicted. Were you there when this all happened? Or are you just going on what he told you?

I was not there but was at court when the statements were read out however they described is more as a push but the person stumbled and did not fall and was not injured.