How are they going to get around Cheryl's assault charge?

[Deleted User][Deleted User] Posts: 2,450
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Talking about this in another thread, I can't help but think this is a ticking time bomb for Cheryl if she moves to America. They need to address it upfront. If they leave it for someone(Hi, Nigel!) to direct the tabloids to pick it up, it's going to totally destroy Cheryl and won't help Simone one bit either. Forget Nigel and co. The tabs will fish it out for themselves. They'll probably pay through the nose for the victim to come out and tell her side of the story.

The fact that she is black.......umm.....so...freaking BAD for Cheryl. Not that it would be great if she were convicted of assaulting a white woman, but you haven't heard anyone branded "racist" at the drop of a hat until you land in America.
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  • pxd867pxd867 Posts: 11,489
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    It could stop her being given a visa, if they regard it as serious enough. She won't be allowed in on the visa waiver scheme although she probably would be granted a visa, as the Americans only really stop people getting in if they regard it as a crime of "moral turpitude".. which assault wouldn't be.

    Actually.... it seems odd that Cheryl has been allowed in recently without any mention being made of her conviction... wonder if the X Factor helped...?
  • [Deleted User][Deleted User] Posts: 758
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    I'm sure that Simon and Cheryl have discussed and covered this at length with their legal team.
  • Kyle123Kyle123 Posts: 25,782
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    Maybe i'm being a complete div about this, but I thought the American's didn't let anyone with a criminal record in for anything - even vacations.

    Considering Cheryl has been to the States recently, surely she wouldn't have a problem getting a Visa to work there?
  • [Deleted User][Deleted User] Posts: 2,450
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    I'm not talking about a visa. I'm sure all the appropriate hands have been greased. But come to think of it, her getting a visa after a convition will definately seem unfair when(and it will) it hits the press.
  • JamesC81JamesC81 Posts: 14,792
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    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer
  • Kyle123Kyle123 Posts: 25,782
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    JamesC81 wrote: »
    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer

    I have absolutely no idea what you mean, but this intirgues me more than any XF related post tonight. :p
  • franciefrancie Posts: 31,089
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    JamesC81 wrote: »
    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer

    Under the bed maybe?
  • Janette800Janette800 Posts: 13,357
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    pxd867 wrote: »
    It could stop her being given a visa, if they regard it as serious enough. She won't be allowed in on the visa waiver scheme although she probably would be granted a visa, as the Americans only really stop people getting in if they regard it as a crime of "moral turpitude".. which assault wouldn't be.

    Actually.... it seems odd that Cheryl has been allowed in recently without any mention being made of her conviction... wonder if the X Factor helped...?

    visiting doesn't count but if she is going to work and live there then thats a differant kettle of fish
  • MTUK1MTUK1 Posts: 20,077
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    A famous person is allowed into America when normal people wouldn't be because of one thing Money! Anyone with lots of money can afford to hire a good immigration lawyer to work around this. Look at Russell Brand. He has convictions for drugs, yet he works in the States.
  • [Deleted User][Deleted User] Posts: 10,838
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    JamesC81 wrote: »
    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer
    Communist? ;)
  • Janette800Janette800 Posts: 13,357
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    JamesC81 wrote: »
    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer

    Russia springs to mind
  • [Deleted User][Deleted User] Posts: 758
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    MTUK1 wrote: »
    A famous person is allowed into America when normal people wouldn't be because of one thing Money! Anyone with lots of money can afford to hire a good immigration lawyer to work around this. Look at Russell Brand. He has convictions for drugs, yet he works in the States.

    Agree with this. Simon and Cheryl's legal team will have covered all angles to enable Cheryl to make the move smoothly.


    $£€$$$ talks!
  • exodus2uexodus2u Posts: 2,729
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    She'll marry Will.i.am and become an American citizen.:eek:
  • Helen90Helen90 Posts: 4,128
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    Kyle123 wrote: »
    Maybe i'm being a complete div about this, but I thought the American's didn't let anyone with a criminal record in for anything - even vacations.

    Considering Cheryl has been to the States recently, surely she wouldn't have a problem getting a Visa to work there?

    No, that's not correct. I think you have to have been in prison for about 3-5 years (something along those lines) for it to be a problem.
    Everyone has to declare every conviction (major and minor) of course when applying for a visa, but it becomes an issue when, like I said, someone's been in prison for several years.

    Imagine if the US wouldn't let anyone in with a record, there are so many people that have gone to court over something minor - it wouldn't work.

    -Having said that, I'm talking about going to the US as a visitor - the rules may be completely different for someone intending to work/live there. -
  • JamesC81JamesC81 Posts: 14,792
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    anguk wrote: »
    Communist? ;)

    thats the one!
  • blahblahblah57blahblahblah57 Posts: 3,687
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    JamesC81 wrote: »
    as a child i was quizzed by american authorities when entering the US. Forunately i was briefed beforehand not to say that me and my family's favorite color was red

    just for fun see if anyone can guess why they considered that to be a wrong answer

    Mr McCarthy's schedule was quite busy at that moment and they didn't want to make him busier.
  • MTUK1MTUK1 Posts: 20,077
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    Helen90 wrote: »
    No, that's not correct. I think you have to have been in prison for about 3-5 years (something along those lines) for it to be a problem.
    Everyone has to declare every conviction (major and minor) of course when applying for a visa, but it becomes an issue when, like I said, someone's been in prison for several years.

    Imagine if the US wouldn't let anyone in with a record, there are so many people that have gone to court over something minor - it wouldn't work.

    -Having said that, I'm talking about going to the US as a visitor - the rules may be completely different for someone intending to work/live there. -

    It's hard to even go for a holiday if you have a conviction and you are a normal non famous person. You have to be given the third degree when applying for a Visa. It's very unfair that famous people can get around this by hiring a top immigration lawyer.
  • [Deleted User][Deleted User] Posts: 546
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    jujubee wrote: »
    Talking about this in another thread I can't help but think this is a ticking time bomb for Cheryl if she moves to America

    I'm glad you started a new thread for this question, because the one that existed just couldn't contain the necessary information on it's own.
  • Helen90Helen90 Posts: 4,128
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    MTUK1 wrote: »
    It's hard to even go for a holiday if you have a conviction and you are a normal non famous person. You have to be given the third degree when applying for a Visa. It's very unfair that famous people can get around this by hiring a top immigration lawyer.

    hey I'm the one studying law!! :p

    no, seriously though, it depends on where you go of course. In the US, from my memory, it's okay to go to the US for some (usually minor) convictions UNLESS you don't declare it, because it's very easy for border control to check up on your record - - so if you're lying it's a bigger issue obviously.
  • MTUK1MTUK1 Posts: 20,077
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    Helen90 wrote: »
    hey I'm the one studying law!! :p

    no, seriously though, it depends on where you go of course. In the US, from my memory, it's okay to go to the US for some (usually minor) convictions UNLESS you don't declare it, because it's very easy for border control to check up on your record - - so if you're lying it's a bigger issue obviously.

    If you have any convictions you cannot travel on Visa waiver. You have to apply for a Visa which involves an interview at the US embassy.
  • spaceygalspaceygal Posts: 3,447
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    I've no idea how things work but maybe a conviction doesnt count anymore after a set amount of years, if a person hasnt since committed any further offences? As Cheryl's conviction was ages ago now maybe it's been wiped clean. Or does it still count for at least 10 years or something? Like I said, I've no idea, just guessing.
  • Janette800Janette800 Posts: 13,357
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    MTUK1 wrote: »
    It's hard to even go for a holiday if you have a conviction and you are a normal non famous person. You have to be given the third degree when applying for a Visa. It's very unfair that famous people can get around this by hiring a top immigration lawyer.

    Me and my family have holidayed in the state 4 times in the last 10 years and have never ben asked about criminal records :eek:
  • MTUK1MTUK1 Posts: 20,077
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    spaceygal wrote: »
    I've no idea how things work but maybe a conviction doesnt count anymore after a set amount of years, if a person hasnt since committed any further offences? As Cheryl's conviction was ages ago now maybe it's been wiped clean. Or does it still count for at least 10 years or something? Like I said, I've no idea, just guessing.

    Read my post above. Anything is possible when you have money to get a good immigration lawyer.
  • [Deleted User][Deleted User] Posts: 359
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    jujubee wrote: »
    Talking about this in another thread, I can't help but think this is a ticking time bomb for Cheryl if she moves to America.

    According to an article I saw written by a lawyer recently (please don't ask me where now), this is easy to get past. For the Americans to *refuse* Cheryl a visa they would have to be convinced (not just by DM dislike ;)) that Cheryl remains a danger. I would hazard to guess they're highly unlikely to think that.

    Most people with some kind of low grade conviction (and yes, that includes Cheryl's conviction) would have no problem at all getting a visa for the US if they had some reason for it.
  • MTUK1MTUK1 Posts: 20,077
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    Janette800 wrote: »
    Me and my family have holidayed in the state 4 times in the last 10 years and have never ben asked about criminal records :eek:

    Do any of you have one? If so you were taking a big risk. It clearly states on the back of Visa waiver cards you need you need to visit the US embassy to get a visa if you have one.
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