IR1 with a criminal past

[Floridadream2020 7]

Hi all just wondering if anyone had any knowledge 

We are in process at moment filed 3 X  I130 for husband and our 2 children age 15 and 12  I have been with my husband for 21 years married for 8 this year and always lived in UK I’m dual citizen (father is American citizen ) 

My husband got into a fight when he was young and was charged with Affray and ABH did some community service and a fine this was all in year 99 so 20 years ago and at the time he was 17 years old so a minor in US  from there he has a clean record nothing at all. 

We are almost at NOA2 so been getting everything ready for next stage we have his ARCO shows no live trace so ordered SAR which lists it and I have applied for his memorandum of conviction from the court which should be with me soon does anyone think this may cause any issues or any advice or anything else I should get ? 

 

Thanks for all support and advice  this forum is amazing  

Edited June 25, 2019 by Floridadream2020

[Boiler 43,433]

Obviously the issue is if it id deemed to be a CIMT, do you have a Lawyer?

[Floridadream2020 7]

No I am trying to stay away from Lawyer if possible unless it comes that we need one.

Its difficult to say as it’s more classed as simple assault which isn’t but it all depends on how they want to view it at embassy i know every case is different I suppose I’m just hoping they take into the fact he was a minor and it was over 20 years ago 

Edited June 25, 2019 by Floridadream2020

[Boiler 43,433]

Well good luck and let us know how it goes.

[thatguyuknow 147]

How old was he when the crime was committed? 17? Only one offence?

 

Even if it's a CIMT it would fall under the exemption clause if below applies. 

 

INA 212 states:

(ii) Exception

Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

[elmcitymaven 9,711]

A consultation with an immigration attorney familiar with both US law and the law of England and Wales would be useful here to determine whether or not ABH and affray are classified as CIMT (subject to any relief that might be available under INA 212, as thatguyuknow states above).

 

With all that being said -- and with the proviso that this is not intended as legal advice on which you can rely, though I have graduated from law school both in England (never practised there) and in California (waiting to be sworn in) -- it is very possible that these are not CIMT. ABH, or assault occasioning actual bodily harm, doesn't fit in nicely with any of the list of CIMTs. There could be an argument that, depending on the circumstances, ABH could be an aggravated assault if a deadly weapon was involved, or the extent of injuries were severe enough that while they did not rise to the level of attempted murder (for which specific intent to murder is required), there is still a greater degree of severity than a simple assault and battery. However, such circumstances (if I remember my English law right) are more likely to come under the umbrella of GBH, which wasn't the charge here.

 

Affray -- wow, haven't thought about that one in a while! Unlikely to be a CIMT, in my opinion (take this with as much weight as you can from someone who graduated from law school over there about 15 years ago but never practised!). The bigger issue is the ABH, which could go either way depending on facts. This is why an attorney would be really useful here, even for a short consultation. Good luck to you!

[Boiler 43,433]

Not sure what difference that would make,  the CO makes the call, I agree it is not obvious either way.