Criminal Record

[Liam1964 0]

Hi everyone,

This is my first time to this site, and I am so impressed with the sensible questions and answers I have decided to join in.

I am from the UK, and so my fiancé is from the USA. In the UK 16 years ago, I was found guilty of ABH (actual bodily harm). This is my only conviction, nothing since or before (so I am a good boy really ).

My question is, will this cause us a Major problem when filing for a K1 visa?

Should we use an attorney? Should we file ourselves?

Most people seem to suggest that it should not cause much of a problem if I am honest about it and do not try to hide it or lie. Well thats good as there is no way I would attempt to lie.

However, I would like peoples opinions ... maybe someone has gone through a similar issue?

Thanks in advance for your advice.

[YuAndDan 153]

Hard to lie when you are required to furnish a police report to the consulate for the interview, so is best to be honest.

If is a single offense, the consulate may or may not let it pass, you can then file a waiver, and most likely it will be approved.

[kitkat1 5]

You may need a waiver at the interview - it should not be an issue with the initial petition.

Read up on visa ineligiblities and 601 waivers - it would definitely be a smart idea to consult with a qualified immigration attorney who is experienced in filing waivers in the UK.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

(2) Criminal and related grounds.-

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(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

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

http://london.usembassy.gov/dhs/uscis/ivwaiver.html

Form I-601 - Application for a Waiver of Ground of Inadmissibility

In certain circumstances, individuals who have been found ineligible for an immigrant visa under the Immigration and Nationality Act (INA) may file an Application for Waiver of Ground of Inadmissibility (Form I-601). The I-601 and the Extreme Hardship Statements (PDF, 16Kb) are filed with the Consular Officer at the Embassy where the beneficiary of the petition applied for the Immigrant Visa. The Consular Officer sends the application for the waiver and all the required supporting documentation to the U.S. Citizenship and Immigration Services (USCIS) office with jurisdiction for adjudicating the application. If the waiver is approved, USCIS sends that approval notification to the appropriate Embassy for issuance of the immigrant visa. If the waiver is denied, the applicant will be notified in writing of that decision and the immigrant visa will not be issued.

http://london.usembassy.gov/dhs/uscis/extreme_hardship.pdf

Normally, a waiver of inadmissibility is dependent first upon a showing that the bar imposes an extreme hardship on a qualifying family member.