Moving to America with GBH charge

[SaraLee89]

My husband was charged with GBH without intent when he was 15, he is now 24. No weapons were involved, wasn't pre-meditated and he wrote a letter of apology. He was given 100 hours of community service and he thinks it was 1 year probation, or might of been 2 but was let off on 1. We want to move to america, i am already an american citizen and so is our daughter, he would need to apply for residence there and a visa etc but would he be refused because of this charge 9 years ago? Is there any way we can move there?

Btw, i know he was an idiot for this, but he was actually defending his brother who was 16 and getting beaten up by a 40 something year old man, but because my husband just jumped in to help and didnt try and claim self defence etc, he just pleaded guilty to gbh without intent.

Any help would be much appreciated.

Thanks =)

[DTCwordfan]

Your sins come back to haunt you.

As I understand it, they will not let him in.

You may need an immigrant lawyer to fight this. If you are, by chance, from Vermont and that is where you are heading to register, I know a good one.

[SaraLee89]

I did think it wouldn't happen =( Im from Florida, my grandmother who lives there has said she'll get a lawyer, but i dont want to do this if it is sure to be a waste of time and money.

Thanks for the advice.

[DTCwordfan]

Why dont you start by contacting your embassy in Grovenor Square - they may have some form of exemption as you are married and father to your child.....

[sandyRoe]

He was a juvenile when the offence was committed. That fact might make a lot of difference.

[SaraLee89]

i would phone but i cant find a phone number relevant to this. is there anywhere i can get real advice from via the internet or phone? i havent got a clue as to who i should speak to.

[SaraLee89]

I did think the fact he was so young would help him, but i think we would get a refusal then maybe have to appeal?

[ChuckFickens]

The embassy site has loads of contact options... including a web chat..

http://london.usembassy.gov/visa_webchats.html

[chrissa1]

If you don't ask, you'll never know. "Shy bairns get nowt", as we say up here in the NE. Good luck.

[ABerrant]

There is automatic ineligibilty for grant of a visa to a person who commits a crime of moral turpitude where the maximum possible penalty exceeds one year imprisonment, however there is a specific exception when the crime was committed by a person under 18 years of age, and the crime was committed more than 5 years before the date of application for a visa.

However, no matter what information is given here, the only place where an answer of any weight will be supplied is the US Embassy.

[dzug2]

GBH without intent probably* isn't moral turpitude anyway. Even if it is, then the juvenile exception should come into play and should not prevent the issue of a visa. You have the right of appeal if refused.

The only way to find out is to apply. The Embassy will not give an unequivocal answer and probably not even a general one.

* I say probably because the offence has to be translated into its US equivalent, which isn't always a straightforward process.

[lcg]

how about just not telling them? worth a try maybe...x