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Police check showed an offence on my husband record help please

Dalia2015

Dalia2015

Active Member
Hi guys,
I am freaking out right now.. Just received the police check for my husband and it showed that he had a common assault proved without conviction back in 2006. The result was bond to be of good behaviour for 12 months.
1. Does this means we won't get the visa?
2. Do I need to write an explanation of what happened and present it in the interview?
3. I am the main applicant of the DV visa would this effect us by any way?
Please post me some answers:(
 
Did your husband mention it on the DS260. If not, then you need to be ready to have some explaining to do as the CO may consider that misrepresentation.

From what I can gather, they are interested in crimes of moral turpitude. I'm not sure if common assault falls into that category. I'm sure wiser heads than me will be better able to advise.

Also, if he wasn't convicted, that may be in his favour.
 
EmilyW said:
Did your husband mention it on the DS260. If not, then you need to be ready to have some explaining to do as the CO may consider that misrepresentation.

From what I can gather, they are interested in crimes of moral turpitude. I'm not sure if common assault falls into that category. I'm sure wiser heads than me will be better able to advise.

Also, if he wasn't cdalia.elbiherie@hotmail.comonvicted, that may be in his favour.
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Hi Emily, to be honest I didn't even know that this was recorded. It was a fight between me and him in our first years of marriage and the court gave him 12 months good behaviour bond from what they told us we thought it's not gonna be recorded but apparently they did record it.
I didn't put it in the DS260 as I wasn't aware of it. What do I need to do now?! I didn't mean to hide it at all..
 
Ok, you have two issues you will need to resolve:

a) You need to get all documents together regarding the event and the court papers. The CO will want to see them.

b) You will need to have a very good reason / explanation as to why this was not declared on the DS260. As I mentioned earlier, this could be seen as misrepresentation and/or an attempt to hide it. You guys believing it wouldn't be recorded won't fly as a defence - IMO - because the incident was still proven. It will look like you intentionally didn't declare it, even though you knew it existed, because you thought it wouldn't show up on a criminal records check.

You need to prepare all the documents and make sure your explanation is clear and concise.

Honestly, IMO, I think this may be one of those cases where you may be either refused or go into AP while they do more checking.

My advice is to get as prepared as you can.
 
I will ask to open the DS260 and will declare it ASAP and I will get all the documents to prove what I am saying. I don't want them to think that I am hiding it. I think that's the best thing to do..
 
When is your interview and has your case already been transferred to Sydney?

If you can alter the DS260, that's the best option. You still need all your documents in Sydney and will still need to be prepared to explain the incident, but it's one less hurdle.
 
I am 2016 winner no interview yet scheduled. I think will get interviewed in October my number is AF31xx. I will have the interview in Sydney I didn't need to be transfered. I have been living in Sydney since 2004 but was born in Egypt:)
 
Dalia2015 said:
I am 2016 winner no interview yet scheduled. I think will get interviewed in October my number is AF31xx. I will have the interview in Sydney I didn't need to be transfered. I have been living in Sydney since 2004 but was born in Egypt:)
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I agree with Emily that unlocking your DS260 will be the best way to go. There's a possibility the form may need to be re-processed by KCC (I'm not 100% sure on this, someone with more expertise might be able to help out here) which could mean your interview might be delayed a little bit after you go current, but hey, waiting a couple of extra months is better than getting denied outright. :)
 
Btw, who is the principal applicant? You or your husband?
If it's you, then I think you will get the visa anyway but as for your husband, he might be issued visa or go to AP. It depends.
But as Emily said, you need to prepare all possible documents to explain what happened.
 
Dalia2015 said:
I am 2016 winner no interview yet scheduled. I think will get interviewed in October my number is AF31xx. I will have the interview in Sydney I didn't need to be transfered. I have been living in Sydney since 2004 but was born in Egypt:)
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If this is 2016 winning, then you have pretty much time left. Unlock the application and correct that. None of you should have problems with the visa then
 
I just sent an email to KCC to unlock my husband DS260 and received an auto-reply that they have revived my email and will respond to it within 48 hours.. Thank You so much everyone for your quick response :)
 
Dalia2015 said:
Hi guys,
I am freaking out right now.. Just received the police check for my husband and it showed that he had a common assault proved without conviction back in 2006. The result was bond to be of good behaviour for 12 months.
1. Does this means we won't get the visa?
2. Do I need to write an explanation of what happened and present it in the interview?
3. I am the main applicant of the DV visa would this effect us by any way?
Please post me some answers:(
Click to expand...

Assault is considered a CMIT (crime of moral turpitude) which renders one inadmissible under
212(a)(2)(A)(i)(I). However, the CO has the final say whether the proven charge of common assault renders him inadmissible.

Like others have said, he needs to unlock his DS-260 and declare that charge. He also needs to gather all the court records related to the case and present them at the time of your interview for the CO to use in making his/her final decision.

Read more about CMIT:
http://www.state.gov/documents/organization/86942.pdf
 
Sm1smom said:
Assault is considered a CMIT (crime of moral turpitude) which renders one inadmissible under
212(a)(2)(A)(i)(I). However, the CO has the final say whether the proven charge of common assault renders him inadmissible.

Like others have said, he needs to unlock his DS-260 and declare that charge. He also needs to gather all the court records related to the case and present them at the time of your interview for the CO to use in making his/her final decision.

Read more about CMIT:
http://www.state.gov/documents/organization/86942.pdf
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Can you check that Mom? Assault is broken down into two groups - those that are included in CMIT and those that aren't. To my understanding common assault (which is the first step on the seriousness ladder) would be on the latter list - and therefore should not be an issue for this case.

As for the OP - Yes as others have said, unlock your form and correct it. If asked about it (because they might know you changed the DS260) do not say anything like you did not know as you clearly did know about it, but the appropriate response is that you believed (were told) that it would not be recorded.
 
Britsimon said:
Can you check that Mom? Assault is broken down into two groups - those that are included in CMIT and those that aren't. To my understanding common assault (which is the first step on the seriousness ladder) would be on the latter list - and therefore should not be an issue for this case.

As for the OP - Yes as others have said, unlock your form and correct it. If asked about it (because they might know you changed the DS260) do not say anything like you did not know as you clearly did know about it, but the appropriate response is that you believed (were told) that it would not be recorded.
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I missed the "common" assault part of the OP's post. Yes, Simple (common) Assault does not fall under the CMIT category, thanks for catching that ;).

And there's also the claim that the assault was without conviction, which is another plus. Nonetheless, they still need to gather the court records for their interview.
 
Thank you so much Britsimon and Mom, I couldn't sleep last night because of that :(
So do I go to the court that issued the desission and ask them to give me..... ??What sort of papers do I ask for?? I am sorry I've never paid attention to this matter as I was told that it's not recorded and it happened back in 2006 so I really don't know what to ask for??
 
Dalia2015 said:
Thank you so much Britsimon and Mom, I couldn't sleep last night because of that :(
So do I go to the court that issued the desission and ask them to give me..... ??What sort of papers do I ask for?? I am sorry I've never paid attention to this matter as I was told that it's not recorded and it happened back in 2006 so I really don't know what to ask for??
Click to expand...

You don't ask for anything. You have the police certificate, and since it lists common/simple assault, it should not be an issue. The CO may ask for an explanation, but I wouldn't think they will worry too much.
 
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