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Question of the Day

Topic: Assault, Obstruction, and Travel to the United States

Dear Debbie:

I have two criminal convictions in my criminal record status. Assaulted a police officer and second charge of obstruction (I did not cooperate with police).   I am looking for a company who is honest and is knowledgeable to take my sensitive file for submission.  Please answer my concern accordingly.

My only worry is my entry to the United States. I have never entered US with my criminal record.  I need to travel for business.   Please advise me if I apply for the pardon removal, would this be sufficient enough for the US official borders to not deny my entry, or should I reply for both Pardon & US waiver. Also disclose your fees and all hidden cost.

NOTE: Please address my concerns to the best of your knowledge and cost efficient. If the risk is a greater burden to me and is too much to produce, I would prefer to learn how to manage without visiting US ever. It gonna have to make sense.

Answer from Debbie Ward

  • Assault Peace Officer is not an excludable offence into the United States.
  • Obstructing justice is not excludable provided it is not in relation to an excludable offence.

The only time assault is excludable (meaning you can’t go to the United States unless in possession of a Waiver) is if there was intent to harm ie. Assault with intent to cause bodily harm or aggravated assault. Obstruction normally is minor (ie. giving a wrong name).  But, if it is relation to some big conspiracy to avoid fraud or something more serious, then it would be excludable because it was in relation to an excludable offence.  Giving a wrong name to avoid a DUI is NOT an excludable offence because DUI is not excludable.  Therefore, giving a wrong name is not in relation to an excludable offence.

The US does NOT recognize Pardons.  The question you should be asking is:  “Will I be inadmissible to the United States due to these 2 charges”.  On first glance, it appears you will not have a problem going to the U.S.  However, I would need to see your criminal record to see the exact wording of your criminal record.

You are eligible for a Record Suspension (previously called Pardon) 5 years after all sentences were satisfied if both were summary offences, or 10 years after satisfying your sentence for indictable offences.

p.s.  I have an A+ Reputation with Better Business Bureau and have won the Consumer Choice Awards for Business Excellence. I pride myself with operating at the highest ethical standards and I run a very tight ship.  We are up to date on all our files. Here is a test for you:  call our office during office hours and you always get a live voice!!!!

Summary:

  • I would want to know the exact wording of convictions to know for sure if you can go to the US
  • Please contact my company at least 6 months before you are eligible to start your Record Suspension.
  • Sometimes people pay a fine and the courts do not record it properly.  ABSOLUTELY get written confirmation from the courts as to when all fines were paid.  You do not want to wait until you think you are eligible to find out their records state “unpaid” because you then have to pay it and wait the 5 or 10 years more depending on whether it is summary or indictable.

I will send you a quote under a separate email.

Cheers!