Simple/Common assault?

[StephenShakeira 1]

Hello, I am the petitioner and we are at the consulate stage of our K-1 visa. What are the chances (honestly) of my fiance getting approved at his K-1 visa interview with 2 common assault charges on his police check? The charges are from 2005 and 2007. I've read many places that these are not CIMT, but when I search this forum, our chances seem slim. I have searched and mostly what I find are incomplete timelines and discouraging comments. My fiance's most recent court appearance involved an accusation that was later 'quashed' by the judge. (2013) It doesn't show up on the police check at all and we are thinking we will have to bring those papers to the interview as well. The nerve wracking thing is that the accusation was for a CIMT (assault with occasion of bodily harm.) That being said, the judge recognized that it was a wrongful conviction and quashed it. Even the man's wife (who claimed my fiance hit him) testified against her husband saying that there were no punches thrown. I know every consulate officer is different, but I would love to hear experiences. Thanks so much.

[LionessDeon 2,060]

Hello, I am the petitioner and we are at the consulate stage of our K-1 visa. What are the chances (honestly) of my fiance getting approved at his K-1 visa interview with 2 common assault charges on his police check? The charges are from 2005 and 2007. I've read many places that these are not CIMT, but when I search this forum, our chances seem slim. I have searched and mostly what I find are incomplete timelines and discouraging comments. My fiance's most recent court appearance involved an accusation that was later 'quashed' by the judge. (2013) It doesn't show up on the police check at all and we are thinking we will have to bring those papers to the interview as well. The nerve wracking thing is that the accusation was for a CIMT (assault with occasion of bodily harm.) That being said, the judge recognized that it was a wrongful conviction and quashed it. Even the man's wife (who claimed my fiance hit him) testified against her husband saying that there were no punches thrown. I know every consulate officer is different, but I would love to hear experiences. Thanks so much.

My Fiancé was refused for a criminal charge on his record from 2005. Although found inadmissible he was eligible for a waiver and we are awaiting that decision now.

I would definitely obtain all court records and court proceed documentation you can get to take to the interview. You will need proof that case was dismissed.

[StephenShakeira 1]

My Fiancé was refused for a criminal charge on his record from 2005. Although found inadmissible he was eligible for a waiver and we are awaiting that decision now.

I would definitely obtain all court records and court proceed documentation you can get to take to the interview. You will need proof that case was dismissed.

Was the criminal charge a CIMT? Thanks for responding, I appreciate the advice.

[LionessDeon 2,060]

No I don't think so. It was for marijuana.

I found this. You may encounter this so just be prepared.

No. 10 Crime involving moral turpitude (CIMT)

Persons denied: 994 Denial rate: 83%

The bad CIMT. In immigration work, we lawyers hate to hear this acronym mentioned because it means the clients case will be a hard case! A crime, such as DUI (driving under the influence) will not involve moral turpitude because it does not involve baseness or a bad heart, which is a rough definition of moral turpitude. But DUI with death or injury involved mayinvolve moral turpitude, depending on the local DUI law involved and if there was at least recklessness on the part of the driver in causing the death or injury. Of course, it goes without saying that more serious crimes such as fraud, theft, rape, murder, and so forth are CIMTs. A conviction for a CIMT in an applicants past will make them inadmissible to the U.S. although a waiver is possible. However, the 83% denial rate shows that the waiver will be quite difficult to get.

Now I believe waiver approval rates vary on how good the waiver packet was and the hardships it contained.

[StephenShakeira 1]

No I don't think so. It was for marijuana.

I found this. You may encounter this so just be prepared.

No. 10 Crime involving moral turpitude (CIMT)

Persons denied: 994 Denial rate: 83%

The bad CIMT. In immigration work, we lawyers hate to hear this acronym mentioned because it means the clients case will be a hard case! A crime, such as DUI (driving under the influence) will not involve moral turpitude because it does not involve baseness or a bad heart, which is a rough definition of moral turpitude. But DUI with death or injury involved mayinvolve moral turpitude, depending on the local DUI law involved and if there was at least recklessness on the part of the driver in causing the death or injury. Of course, it goes without saying that more serious crimes such as fraud, theft, rape, murder, and so forth are CIMTs. A conviction for a CIMT in an applicants past will make them inadmissible to the U.S. although a waiver is possible. However, the 83% denial rate shows that the waiver will be quite difficult to get.

Now I believe waiver approval rates vary on how good the waiver packet was and the hardships it contained.

Thank you. From what I have read, any crimes involving drugs/possession or trafficking is almost always a CIMT. I'm glad you are able to file a wavier. Everywhere I read, common assault seems to not fall under the category of CIMT, but I can't find anyone on VJ that has had success getting a visa with common assault on their police record. I guess we will find out soon how it goes with us. I will prepare for a waiver just in case.

[LionessDeon 2,060]

Part of the reason I started posting about it. I think people get a lot of criticism when they talk about it. You don't see much about denials for our reasons and how they can be overcome. It's mostly just bonafide relationship, overstays, or misrepresentation denials you read about.

I was so devastated when we got denied. I wasn't prepared for it at all since everything went so smooth and quick for the first part. I didn't know a thing about waivers. I believe everything happens for reason so I decided to use it to try to help others.

[lueds 6]

Part of the reason I started posting about it. I think people get a lot of criticism when they talk about it. You don't see much about denials for our reasons and how they can be overcome. It's mostly just bonafide relationship, overstays, or misrepresentation denials you read about.

I was so devastated when we got denied. I wasn't prepared for it at all since everything went so smooth and quick for the first part. I didn't know a thing about waivers. I believe everything happens for reason so I decided to use it to try to help others.

[lueds 6]

Oops, phone playing up

I meant to quote and say thanks for sharing your experience and trying to help others, we need all the assistance we can get in this process, no judgement.

[StephenShakeira 1]

Oops, phone playing up

I meant to quote and say thanks for sharing your experience and trying to help others, we need all the assistance we can get in this process, no judgement.

I agree, it is hard to speak about these things.. especially on a very public forum. But I'm thankful for the honesty and support. Congrats on your approval.

[lueds 6]

Thanks ?

Will be watching your progress, hopefully it will all get sorted without too much drama.

My advice, work out all possible scenarios and prepare for them. Prepare for worst, hope for best and double and triple check Everything. That has helped myself and fiancé when 'curve balls' were thrown our way.

[Boiler 43,597]

Apart from Drugs where reason to believe is what matters, convictions are what count., not charges..

[Mike-eeh and Odie 192]

Hello, I am the petitioner and we are at the consulate stage of our K-1 visa. What are the chances (honestly) of my fiance getting approved at his K-1 visa interview with 2 common assault charges on his police check? The charges are from 2005 and 2007. I've read many places that these are not CIMT, but when I search this forum, our chances seem slim. I have searched and mostly what I find are incomplete timelines and discouraging comments. My fiance's most recent court appearance involved an accusation that was later 'quashed' by the judge. (2013) It doesn't show up on the police check at all and we are thinking we will have to bring those papers to the interview as well. The nerve wracking thing is that the accusation was for a CIMT (assault with occasion of bodily harm.) That being said, the judge recognized that it was a wrongful conviction and quashed it. Even the man's wife (who claimed my fiance hit him) testified against her husband saying that there were no punches thrown. I know every consulate officer is different, but I would love to hear experiences. Thanks so much.

So long as they were charges and not convictions you should be fine. Just be sure to have all the paperwork.

Now if these charges were against children, you have a completely different situation all together. That would fall under AWA, which is almost impossible to win.