how will assault charge affect my L1 visa application?

devo187
New Member



Joined: 21 Nov 2007
Posts: 4

Posted: Wed Nov 21, 2007 3:05 pm

 

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Hello, I have an L1 visa application that was sent out by my company last week. Yesterday I was charged with Level 1 Assault for spitting on someone (I'm a complete idiot, I know).

I've set up consultations with criminal and immigration lawyers already, but wanted to see if anyone here had an idea on whether this will completely ruin my visa chances?

Any advice is much appreciated, thanks.

-D.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Wed Nov 21, 2007 6:33 pm

 

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Are you a Canadian citizen? Why didn't you apply for the L-1 at the border?
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Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
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P: (732) 784-2877
Email: Crizzo@naftalawfirm.com

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devo187
New Member



Joined: 21 Nov 2007
Posts: 4

Posted: Thu Nov 22, 2007 3:42 pm

 

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Yes, I'm a Canadian citizen, with no criminal history.

My firm and their lawyers are handling the paperwork at the moment. My target move date is the beginning of January and my initial court date/finger printing is on Dec 18. I'm not sure about how the process works with applying at the border, but I assume I'll eventually need an interview either at the US Consulate or US Customs at the airport.

My main concern is, is it likely that they will reject my application because of this?

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 739
Location: Calgary

Posted: Fri Nov 23, 2007 9:59 am

 

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I'm not sure what a "level 1" assault is, but minor offences do not bar you from entry into the US, in fact pretty major offences don't unless they're drug-related.

Basically you have to have been arrested or convicted of two offences in which the aggregate sentence is five years or more, which means criminals convicted of multiple felonies, essentially.
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Steve.

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devo187
New Member



Joined: 21 Nov 2007
Posts: 4

Posted: Fri Nov 23, 2007 2:57 pm

 

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I see. Thanks for the info Steve (btw- i believe level 1 assault is the most minor kind).

Just to clarify, are you saying that this likely won't affect my visa application or are you just referring to regular travel in/out of the US?

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 964
Location: North Carolina

Posted: Sat Nov 24, 2007 6:10 am

 

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No one but the adjudicator who looks at your visa application can say for sure whether or not this charge would make you inadmissable. Because it happened so recently, they may or may not deny your application. They may just give you a hard time at your interview, or they may turn you around and send you back. I don't think even a lawyer could say for sure what the outcome would be.
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devo187
New Member



Joined: 21 Nov 2007
Posts: 4

Posted: Sun Nov 25, 2007 9:17 pm

 

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I guess I'll just have to cross my fingers and wait until the big day. thanks for the response

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