QUESTION
I'd like to apply for a B2 Visa, but I got a 'caution' (possession of an offensive weapon in a public place)in 2012 in UK. Is it a CIMT or a felony?
Asked on Feb 10th, 2020 on Immigration - New York
More details to this question:
Can I get a B2 visa? I need help building a case to justify that this caution is neither a CIMT nor an Aggravated Felony so that I can get the visa (unless I'm missing something and this caution actually falls under one of these two categories, or some other, that make me inadmissible ). It happened in December 2012 and it was a 'simple caution'. I bought a knuckle duster on eBay and wanted to bring it home (outside UK or EU) as a souvenir (no ill intentions). At the time I was a 19-year old foreign student and had no idea that it was an offensive weapon. It was found at the airport in my luggage (not a handbag, I didn't try to carry it on the plane with me). Since then (and prior to that) my record is clean.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
Looking at the TSA website, the TSA would allow someone to carry brass knuckles in luggage but not on the carry-on. So it is unlikely that your incident is either a CIMT or aggravated felony. That being said, a B-2 visa is given in the discretion of a consular officer. It would be up to you to bring whatever evidence you have and attempt to convince the consular officer that you are deserving of the discretionary visa. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 09th, 2020 at 8:46 PM