moralturpitude
New Member
Hi team,
I have a question on whether my common assault charge constitutes CIMT?
Extensive reading on the subject always goes along the lines of Common assault usually doesn’t constitute a CIMT.
From what I know of my issue (got into a scuffle with a bouncer in front of a cop, no one hurt) I should be fine for ESTA VWP purposes, but who makes that definitive determination?
From what I understand, a common assault (by Australian and UK standards) is equivalent to a simple assault in the usa. If someone was hurt in the fight the charge would be something like aggravated bodily harm and so forth.
Common assault constitutes a 2 year jailtime maximum, whereas it is 1 year maximum if common assault is indeed the equivalent of simple assault. Fighting, no one hurt etc.
I’d ideally like to travel to the usa on the esta program with a clear conscience and not go through the costly and tedious visa interview, especially as my circumstances dictate that I would be visiting with only short notice with my work situation.
I have a question on whether my common assault charge constitutes CIMT?
Extensive reading on the subject always goes along the lines of Common assault usually doesn’t constitute a CIMT.
From what I know of my issue (got into a scuffle with a bouncer in front of a cop, no one hurt) I should be fine for ESTA VWP purposes, but who makes that definitive determination?
From what I understand, a common assault (by Australian and UK standards) is equivalent to a simple assault in the usa. If someone was hurt in the fight the charge would be something like aggravated bodily harm and so forth.
Common assault constitutes a 2 year jailtime maximum, whereas it is 1 year maximum if common assault is indeed the equivalent of simple assault. Fighting, no one hurt etc.
I’d ideally like to travel to the usa on the esta program with a clear conscience and not go through the costly and tedious visa interview, especially as my circumstances dictate that I would be visiting with only short notice with my work situation.