How esy will it be for a muslim British citizen with a caution and speeding offence to visit USA for holiday?

Question

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?

Answer 1

May I presume that a "caution" is not an arrest and conviction? If it's 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's 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.

Answer 2

once you've a uk Passport you do not want a visa. Theres a load of tick boxes to fill in on the back of the immigration form you get once you arrive - do exactly not tick the only which announces you've a criminal conviction. once you're worried about then shop on with for a suitable vacationer visa, its not extremely vast worry and that's going to one a lot less element so that you'll be able to stress about. in case you're saying that you've a criminal conviction that's necessary to furnish them somewhat extra data about what the conviction replaced into for etc, yet for a caution i don't think of they are going to be too afflicted.

Answer 3

The caution you dont have to declare as its not a conviction, the speeding ticket yes, for some reason the Americans treat this as a criminal offence. Figures eh!! and how would they know you are a muslim? you dont have religion on your passport and you dont have to tell them what religion you are.

Answer 4

The person has 2 warning flags, the authorities will either deny him entry or detain him and do all the prodedural protocols expected of them.

Answer 5

British helps, weapon hurts. Apply and see.

Answer 6

Was the trunk wired with plastic explosives and was the car a Chevy Jihad?

Answer 7

We don't want any rag heads here. Just take some poison or shoot yourself.