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  • Coming in with a previous felony

    I have a relative in the UK and I cannot find any goof information. He had a felony assault charge while on tour here in 1992. He cannot figure out how to come back here legally There has to be a way. I cannot find any relevant information. Even contacting immigration has not helped at all as they were not very willing to help.

    Any light on the topic would be greatly appreciated!

  • #2
    I have a relative in the UK and I cannot find any goof information. He had a felony assault charge while on tour here in 1992. He cannot figure out how to come back here legally There has to be a way. I cannot find any relevant information. Even contacting immigration has not helped at all as they were not very willing to help.

    Any light on the topic would be greatly appreciated!

    Comment


    • #3
      Was it a charge or a conviction, there is a difference, and what was the outcome (guilty or charges dropped?) Gotta warn ya, if he was guilty and found as such with a conviction, I don't know why anyone would help you help him find a way around the INS rule, since it's actually a good and logical INS rule. We got enough violent assaulters already. If he was innocent of the charge and not convicted, then usually a good lawyer can file a waiver or something, or he might have a wait a certain amount of time before reentry. Good luck (or not, depending on his guilt or innocence in the matter).

      Comment


      • #4
        What type of visa is he wanting to enter with?

        Comment


        • #5
          Well, he is looking to tour here so he probably needs to come in for a few months per year (He is a semi-famous musician here, but pretty well known worldwide). I do not even know exactly what he would need to accomodate this.

          Yes, he was convicted of an assault charge which was a felony. I just wonder if that drops off after a period of time. I mean it has been 14 years and he is now in his 40's and grown up a lot.

          Comment


          • #6
            If he had been convicted then no, it'll stay in his record for the rest of his life. Statute of limitation only applies if he hasn't been arrested/tried for the crime.

            Comment


            • #7
              I'm being quasi-facetious here, but maybe your relative should get really famous and then try to get in to the U.S. - weren't the Rolling Stones or other celebs arrested and charged for all sorts of stuff all over the world and they're still allowed in to play gigs here...?

              Comment


              • #8
                If he tries to get a visa and gets denied, then he'd probably need an I-601 waiver if it was a crime of moral turpitude. If he was arrested and charged and served time, almost definitely he'll need a waiver. All depends on the crime and sentence....
                Good luck

                Comment


                • #9
                  Originally posted by marmaduk:
                  If he had been convicted then no, it'll stay in his record for the rest of his life. Statute of limitation only applies if he hasn't been arrested/tried for the crime.
                  Well, he was the lead singer of a band back in the early 80's and late 70s which is still together and amassed several platinum records. They may eventually be in the Rock N' Roll hall of fame. However, they parted ways and his new venture leaves him semi-famous here because he cannot tour. However, his band is extremely popular in other coutnries such as Brazil and many in Europe.

                  I will look into the 601 form. Thanks.

                  Comment


                  • #10
                    There are no waivers available for felonies. Was it a state or a federal charge? Any federal charge is automatically an aggravated felony, most State related feloneis are aggravated as well (with only a few non-violent offenses exceptions).

                    Chances of him getting a valid visa are rather slim, but it's possible with a good attorney and a very complicated process that needs to be initiated. Statute of limitation doesn't apply to almost any criminal conviction that happened after 1989 (and in particular when it involves an aggra fel.)

                    On the lighter side (not to be taken 2 sriously!): if he was coming to play football, basketball or baseball, it wouldn't matter what he did ... no questions asked and he'd get his visa right away ... hehehe

                    Comment


                    • #11
                      Waivers are available for some felonies, assuming that the individual is married to a USC/LPR or is the child of a USC/LPR.

                      Otherwise, I don't know...

                      Comment


                      • #12
                        Yeah it is very confusing. I am a relative to him through marriage so it is not even like I could say he IS a relative to immigration.

                        I would assume it is aggravated. He served 3 months in the LA county jail. Then again, I don't think it was called aggravated.

                        Comment


                        • #13
                          WHat really stinks is he does not need to be here more than a month or 2 per year.

                          Comment


                          • #14
                            - Most state felonies are a minimum of 1 yr. punishment, all federal felonies are over 1 yr.; anything of 364 days and plus is an aggra Fel for immigration purposes with very few exceptions in a few districts that have been successfully challenged in courts - such as DUIs.

                            - No waiver is available for a felony assault, no matter if it's for the spouse of a USC or LPR or just a visitor.

                            Some (expensive) remedies are available, consult an attorney!

                            Comment


                            • #15
                              Not to be nit-picky, but I checked in Ask Jeeves and this is what I found. I remember seeing someone getting a visa for credit card fraud and I saw it on this list under Class 4. Does this help at all? (sorry it's so long!)
                              FELONY SENTENCING

                              Categories of criminal offenses are felonies, misdemeanors and petty offenses. Criminal offenses are punishable by fines and/or imprisonment. Felonies are the most serious type of criminal offenses and fall into six classes, with class 1 being the most serious and class 6 the least serious.



                              Penalties for felonies

                              Sentencing for felony charges can vary substantially depending upon whether an offense is a first, second or subsequent offense. Additionally, sentencing for different classes of felonies varies depending upon whether the offense is a drug offense, a non-dangerous offense, a dangerous offense or considered a dangerous crime against children.



                              Examples of different classes of crimes

                              The following crimes may be charged under the following classes, although other classes may also apply.



                              Class 1
                              first degree murder

                              second degree murder if the victim is under 15 years of age



                              Class 2
                              sexual exploitation of a minor

                              armed robbery

                              drive-by shooting

                              sexual conduct with a minor who is under 15 years of age



                              Class 3
                              aggravated assault

                              burglary in the first degree of a nonresidential structure

                              theft of property or services with a value of $3,000 or more but less than $25,000



                              Class 4
                              forgery of a credit card

                              incest

                              robbery



                              Class 5
                              dog fighting

                              harassment against a public officer or employee

                              influencing a witness



                              Class 6

                              sale or gift of firearm to minor

                              sexual conduct with a minor who is at least 15 years of age

                              tampering with physical evidence

                              Comment

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