Will a conviction for ABH prevent a USA visa?

[lateylate]

I've posted in legal/money too, but no response there.
A relative is hoping to marry in the States this Christmas.
But, 11 years ago, when she was 17, she was given a conditional discharge for actual bodily harm. She'd assaulted another teenager after they'd been drinking.
Because of this she has to go to the US embassy for an interview.
Does anyone know what the likelihood is of her gaining the visa?
She's now settled down, studying for a law degree and has one dc with another due

She will probably have to file a waiver, and the consular officer will look at all the data in front of him before granting the visa.

It is possible to get a visa with a criminal conviction or arrest, but there can be a lot of hoops to jump through. And it can be quite costly to hire a lawyer.

It's hard to say because they are so unpredictable. It's best to go and hope for the best. She needs to say how much she can benefit the country, this may help, as can a bit of cultural knowledge. I think they look at these things on a case by case basis.

Good luck!

Um, if she's studying for a law degree, hasn't her conviction been ... whatever it is they do that means it doesn't count any more? Spent?

I didn't think you could become a lawyer with any active criminal convictions?

There is no concept of spent convictions in the US, NQC. The length of time since the offense will be taken into account for the visa though.

Oh, never mind, the US doesn't care about 'spent'.

However, she should be fine - I found this excemption:

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

So, basically, she did it when she was < 18, and it all was done more than 5 years ago, so she's fine. Look here. It's the US gov't site.

Oh, cross-posted there. I should have known that the Americans wouldn't care about 'spent' convictions - it's not a concept we have in Canada, certainly.

Thanks for all the prompt replies. NQC she had a conditional discharge, so I'm not sure if that means the conviction is spent.

I know she had to declare it as part of a CRB check...not sure about the position regarding her degree..perhaps that applies to getting work as a lawyer rather than a university course?

Hopefully her age and time since the conviction will count in her favour - the US is quite strict though, isn't it? I'm amazed that an arrest has to be declared even if that didn't result in conviction - clearly not the same concept as innocent until proven guilty (although this obviously doesn't apply in my relative's case as she was found guilty)
We'll just need to wait and see...she's booked and paid for the hotel and paid for flights which might not have been the wisest course of action.

See my post of 17:43:29 - she will absolutely be fine, she was < 18, and it was all > 5 years ago.

Oh, my link didn't come up right it's this.

Oh, further digging shows that ABH probably doesn't count under A(1)(i) anyway, this page on Moral Turpitude shows that "Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly)" is not moral turpitude - only more serious assault counts.

Thanks NQC - she should be fine if they stick to these rules then - but it's quite a stressful situation, especially as she's likely to have a small baby by the time the interview comes around.

It is stressful, and immigration can always be arbitrary. But she should be ok.

Can seem a scary process, I had to go for an interview as I overstayed when I was pregnant. They seemed more worried I was going to stay.

First time they issued a visa it was only for a year and had to include onward travel. The next time was much easier and i've got a ten year visa now.

Couple of tips:

1. Try and get the appointmnet as early as possible as they tend to have a lot of people arrive all at once and then you sit and wait for a long time. Don't plan on doing anythign else that day though you may be lucky and be one of the first seen.

2. One thing she really needs to watch for is to make sure she has everything in order paperwork wise. Specifically the correct sized photo which you can only get from certain photo shops. One from an auto photo booth thing is not acceptable.