NSMS0809

Yea so it was expunged from his UK record so he thought he could say “no” to the ESTA question about criminal history. He asked his (useless) solicitor who said he could. Anyways part of the waiver covered the misrepresentation I think.
 
this is all good to know. Thanks. Do you know if he can apply For the next one before this one runs out? Just thinking it took about 3 months in total so would be nice to apply a few months before expiry so there’s not a big time gap. 

Just back with an update. My partner went to an appointment in London in mid May and was told that they will have to submit a waiver request to DHS. He had gotten into a fight when he was 19 (now 32).  The assault charge was a crime involving moral turpitude so it had to go down waiver route. Additionally, my partner had overstayed his ESTA 3 years ago by 18 days so the officer said that it shows a pattern. My poor husband went with so much supporting documentation and the guy didn’t ask to see any of it haha not even 1 thing! Asked him a few questions but didn’t really care for details or ask specifically about ties to the UK…
 
Anyways, they said it could take 1-6 months to hear back about the waiver and they would be in touch via email. The interviewing officer said that he was optimistic given that it has been 13 years but that it could always go either way.
 
2 days ago he received an email requesting his passport be sent to them for visa issuance! Hopefully this brings some hope to others who may have similar situations. 🙂

Just back with an update. My partner went to an appointment in London in mid May and was told that they will have to submit a waiver request to DHS. He had gotten into a fight when he was 19 (now 32).  The assault charge was a crime involving moral turpitude so it had to go down waiver route. Additionally, my partner had overstayed his ESTA 3 years ago by 18 days so the officer said that it shows a pattern. My poor husband went with so much supporting documentation and the guy didn’t ask to see any of it haha not even 1 thing! Asked him a few questions but didn’t really care for details or ask specifically about ties to the UK…
 
Anyways, they said it could take 1-6 months to hear back about the waiver and they would be in touch via email. The interviewing officer said that he was optimistic given that it has been 13 years but that it could always go either way.
 
2 days ago he received an email requesting his passport be sent to them for visa issuance! Hopefully this brings some hope to others who may have similar situations. 🙂

I absolutely will! Hopefully whatever our experience ends up being we can help bring some info back for someone else. 

Thanks all! Good to know that it’s not the docs they’re most concerned with and might not even look. 
 
He has an appointment in may. University program starts in person in July. We would hope to go before as then we’d have to work around his uni schedule. We would stay with my parents and I don’t have residence there but I do have my family and friends in the US. All other ties (home, job, etc) are in the UK.
 
i hear what you all are saying and I think you’re right that it’ll depend on who is interviewing him. It always feels odd in my mind that a total stranger can have such a big say in our future! Thanks for sharing and the advice. I guess it’s just fingers crossed now until the interview and then tripled crossed during!!

Hmm yea, that makes sense. It's a real shame how unforgiving the US is of criminal stuff. I am not an advocate of breaking the law in any way, but I would hate it if someone held my 18-year old decisions against me now. 
 
I guess we will have a better idea once we get the court records if his crimes will be CIMTs or not. A bit hard to say. Online I have seen battery and assault generally are NOT CIMTs if it can be proven that there wasn't the intention to commit the crime. 
 
Seems like a lot of gray area but I do find comfort in the fact that most likely, the worst case should be having to do a waiver. I think?

Hmm yea, that makes sense. It's a real shame how unforgiving the US is of criminal stuff. I am not an advocate of breaking the law in any way, but I would hate it if someone held my 18-year old decisions against me now. 
 
I guess we will have a better idea once we get the court records if his crimes will be CIMTs or not. A bit hard to say. Online I have seen battery and assault generally are NOT CIMTs if it can be proven that there wasn't the intention to commit the crime. 
 
Seems like a lot of gray area but I do find comfort in the fact that most likely, the worst case should be having to do a waiver. I think?

The devil in the detail but from the limited information you posted it seems you have CIMT's involved and will be looking at filing a waiver.
 
Do you have an Immigration Lawyer involved?

Well you need a Lawyer who is familiar with waivers. That is the issue.
 
US asks about all criminal history not just what you think is on record.
 
The Consulate Officer will review the case and advise at the interview if a waiver is required, obviously not everything is waiverable, but assuming it is then usually a well prepared waiver will succeed, very high probability, and it is more a question of time and money.

Hmm yea, that makes sense. It's a real shame how unforgiving the US is of criminal stuff. I am not an advocate of breaking the law in any way, but I would hate it if someone held my 18-year old decisions against me now. 
 
I guess we will have a better idea once we get the court records if his crimes will be CIMTs or not. A bit hard to say. Online I have seen battery and assault generally are NOT CIMTs if it can be proven that there wasn't the intention to commit the crime. 
 
Seems like a lot of gray area but I do find comfort in the fact that most likely, the worst case should be having to do a waiver. I think?

Hmm yea, that makes sense. It's a real shame how unforgiving the US is of criminal stuff. I am not an advocate of breaking the law in any way, but I would hate it if someone held my 18-year old decisions against me now. 
 
I guess we will have a better idea once we get the court records if his crimes will be CIMTs or not. A bit hard to say. Online I have seen battery and assault generally are NOT CIMTs if it can be proven that there wasn't the intention to commit the crime. 
 
Seems like a lot of gray area but I do find comfort in the fact that most likely, the worst case should be having to do a waiver. I think?