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Exile

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    Help with bad past

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Hi Exile

    ABH will be considered a very serious CIMT (Crime Involving Moral Turpitude), however the Drunk & Disorderly charge on it's own should not be a CIMT unless you committed an illegal act or damage to a person or property at the time of the offense, ie if you were charged for Drunk and Disorderly for smashing a pub window then this would be a CIMT, but if you were just falling over and making a pest of yourself to other people then this may not be a CIMT.

    My advice would be to obtain your "Subject Access" report from the ACPO website, after you have this you will need your Police Certificate, you can apply for both at the same time. Check through your record and see what appears, if any of the crimes are considered CIMT's then it depends on how old they are, for the USCIS to consider you rehabilitated they should be older than 15 years otherwise a I-601 waiver will need to be completed as you will be denied due to the CIMT's at the interview.

    However if you have traveled to the USA on the Visa Waiver Program in the past and on the landing card you have ticked NO to the question that asks if you have ever committed a CIMT, then at the interview the officer dealing with your case will tell you you have committed immigration fraud and you will then be denied for 2 reasons, one of having CIMT's and the second more harder charge to overcome Misrepresentation (Mis-Rep)

    Then you will be advised at the interview if a waiver is available to overturn the denial, if so then an I-601 waiver for extreme hardship will be required, but if you know this is going to happen before the denial, you can get your waiver prepared so you can hand it over at the interview to save time, but you may need the services of a good immigration lawyer to put a convincing package together.

    I hope this helps.

    Regards

    Andrew :thumbs:

    Thanks Andrew,

    It helps a lot although it isn't great news. Further research has suggested that the guidelines suggest assault with intent to cause serious bodily harm is tantamount to a CIMT. Not sure where that leaves ABH. Under English law serious assault is more comparable with GBH. In fact the language is now used to describe the the equivalent to GBH as it forms part of the definition of Murder under the Homicide Act. I'm going to research US definitions of the offense. Will it at any point help me if i can show reasonable grounds for believing that my arrest was not for a CIMT? I'm more concerned about the Immigration fraud aspect. As mentioned the ABH was arrest only and i was cleared so i feel in the long run that aspect can be resolved more easily even if requiring a waiver.

    When determining whether an offense had SITCBI would the person reviewing the application have any guidelines as to what that might be defined as?

    Also is there a way of getting a copy of my police record without using the links you provided (even if it isn't official). Although i was told i was under arrest for ABH i was part of a group. I don't know how this might have been recorded. I don't want to fill in that form saying as much, for my record to have a lesser offense on it and this to raise a question with the OB. Likewise the D&D was on an New Years Eve. My local police force had a very busy night, i don't know to what extent they will have recorded the details but i don't want to surrender more info than necessary. (Long shot i know)

    Also if i was able to get a K-1 would i be likely to face further issues once i applied for an AOS post wedding? Are you able to apply for dispensation to work whilst this is pending (as i believe you can whilst on a K-1)

    Sorry for the barrage of questions, I'm finding this tough to get started with and that is from someone who holds a law degree in the Uk and who's partner is currently studying for one in the US.

    Cheers, Ex

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