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Police check showed an offence on my husband record help please

I would disagree with you on this Simon about her not needing the court records on the basis of it being a simple assault and because the PCC shows it already. The spouse was convicted of this offense.

The U.S. DOS website says:

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency. Submit to the U.S. Embassy or Consulate at your interview. Court records should include:

  • Complete information regarding the circumstance surrounding the crime of which the applicant was convicted
  • The disposition of the case, including sentence or other penalty or fine imposed.
http://travel.state.gov/content/vis...re-selected/prepare-supporting-documents.html

This requirement is listed in addition to one presenting a PCC.
 
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...

I'm strongly of the opinion that you need the court records. So yes, you need to approach the court that handled the case and request the court records for the case.
 
Sm1smom said:
I would disagree with you on this Simon about her not needing the court records on the basis of it being a simple assault and because the PCC shows it already. The spouse was convicted of this offense.

The U.S. DOS website says:

Applicants who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency. Submit to the U.S. Embassy or Consulate at your interview. Court records should include:

  • Complete information regarding the circumstance surrounding the crime of which the applicant was convicted
  • The disposition of the case, including sentence or other penalty or fine imposed.
http://travel.state.gov/content/vis...re-selected/prepare-supporting-documents.html

This requirement is listed in addition to one presenting a PCC.
Click to expand...

OK - yeah that would make sense. Thanks Mom!
 
Hi mom and Britsimon,
Just a quick update so I went to court and I asked for all related documents for my husband's case. I paid a fee for getting the documents but anyway It states common assault section 10 (conviction not recorded) on top of the page. Then it says that the local court has found the offender guilty of the offence but has not recorded a conviction otherwise the offender is discharged upon entring 12 months good behaviour bond.
So is this a good thing or a bad thing??
I have searched section 10 in law and noticed that this is the best conviction that someone could get and that once the bond period ends that means the conviction didn't happen however I searched in the uscis website and couldn't find any common assault section 10 in there criminal records.
Can you please let me know if this conviction is acceptable for the visa purpose??:(
Ya and I've also unlocked the DS260 and put it in.
 
Also my husband has been working in a bank as a branch manager for the pas 7 years and was never asked about this conviction when he was doing his police checks. He also worked as security officer before the bank and this subject never came up. So confused now and not sure how to go about it.
Sorry guys but I am really stressing out because of this :((
 
Dalia2015 said:
Hi mom and Britsimon,
Just a quick update so I went to court and I asked for all related documents for my husband's case. I paid a fee for getting the documents but anyway It states common assault section 10 (conviction not recorded) on top of the page. Then it says that the local court has found the offender guilty of the offence but has not recorded a conviction otherwise the offender is discharged upon entring 12 months good behaviour bond.
So is this a good thing or a bad thing??
I have searched section 10 in law and noticed that this is the best conviction that someone could get and that once the bond period ends that means the conviction didn't happen however I searched in the uscis website and couldn't find any common assault section 10 in there criminal records.
Can you please let me know if this conviction is acceptable for the visa purpose??:(
Ya and I've also unlocked the DS260 and put it in.
Click to expand...

R
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Dalia2015 said:
Hi mom and Britsimon,
Just a quick update so I went to court and I asked for all related documents for my husband's case. I paid a fee for getting the documents but anyway It states common assault section 10 (conviction not recorded) on top of the page. Then it says that the local court has found the offender guilty of the offence but has not recorded a conviction otherwise the offender is discharged upon entring 12 months good behaviour bond.
So is this a good thing or a bad thing??
I have searched section 10 in law and noticed that this is the best conviction that someone could get and that once the bond period ends that means the conviction didn't happen however I searched in the uscis website and couldn't find any common assault section 10 in there criminal records.
Can you please let me know if this conviction is acceptable for the visa purpose??:(
Ya and I've also unlocked the DS260 and put it in.
Click to expand...

I reckon you'll be fine.
 
Dalia2015 Thank you mom but In this document that you refer to there is nothing about common assault!!
I read the 23 pages and didn't see any mention of common assault. I am sorry if I am asking too much.

You may need to read the document again because I believe the quoted section below addresses your case (replace "common" with "simple"):

Crimes committed against the person, family relationship, or sexual morality which do not involve moral turpitude include:

  1. Assault (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly);

http://www.state.gov/documents/organization/86942.pdf (p.6)




​
 
@Dalia2015,

I had to bring this discussion back to the forum because my profile page was getting cluttered, which is really the main reason I don't like responding to questions on my profile page, the conversation often becomes endless.
 
Sm1smom said:
@Dalia2015,

I had to bring this discussion back to the forum because my profile page was getting cluttered, which is really the main reason I don't like responding to questions on my profile page, the conversation often becomes endless.
Click to expand...
Thank you so much mom I really appreciate it :)
I will take this with me to the interview.
 
Hello @Sm1smom , @Britsimon and friends. Please help me. I have read through the above posts and have a similar ( but worse ) drama. I am the applicant that won the DV16 . My husband is listed as my spouse. Many years ago ie twenty he was convicted of being in possesion of stolen goods. There was no trial as such ...he just pleaded guilty to avoid costs\ lengthy trail etc and got off with a "suspended sentence" of 5 years. No jail time or prison fine. Not sure if you know what "suspended sentence" is...but you may have come across this before. Anyways , the short story is that i dont believe that this falls under a CMT ...but he does have other "run ins" with the law but ie a few warnings but no other convictions. All if these happened as a young man.
Two questions please : How do you see this playing out - is this likely to affect outcome ?
Secondly - if they deny him ..do they "kick out " the whole application ie for me and my son ? Or will they still allow us to go ?
We currently hold 10 year USA visa;s which were issued with the above on record and have travelled multiple times to the USA without issue.
I cant explain how stresseful this matter is to me....i cannot begin to get excited as i feel like this issue is like a ticking bomb until "D " day ie interview day.
Any advice will be welcome.
ps i am in the process of collating court records\ PCC etc
Many thanks
 
1. If you are the principal applicant, then you and your children are safe.
2. As for your husband, some more details are needed. But after 15 years from the date of crime he can apply for waiver. There is no guarantee that he receives it, but it is possible
3. Nevertheless, even if he receives a waiver, afaik, he will not be able to get US citizenship even if he receives the GC.
4. "All if these happened as a young man" - how old was he when this happened?
 
Hello - many thanks for the reply.
1. How does one go about applying for a waiver ? Do i wait for interview or kick off process now ?
2. He was 22 at the time of the offence but this was about twenty years ago i think
thanks again
 
http://www.uscis.gov/i-601

But may be the crime of your husband is not "Moral turpitude" crime and this is not necessary.
Also, if this crime happened before he was 18 years old, then this also should not be necessary

Otherwise, as far as I know, he should apply for waiver.
 
thirdtimelucky said:
Hello - many thanks for the reply.
1. How does one go about applying for a waiver ? Do i wait for interview or kick off process now ?
2. He was 22 at the time of the offence but this was about twenty years ago i think
thanks again
Click to expand...

Sorry, I missed that he was 22.

So, I am not an expert and everything I say, is read on different forums. But what I have read on other forums is:

1. You must schedule the interview as soon as possible, so if you have low Case Number then do not delay with DS 260
2. If your husband is denied a visa, you must apply for the waiver as soon as possible
3. The waiver process is completely different process and can take from 3 to 6 months
4. This process should end until 30 Sep 2016. After 30 Sep 2016 no visa can be issued for DV 2016
 
thirdtimelucky said:
Hello @Sm1smom , @Britsimon and friends. Please help me. I have read through the above posts and have a similar ( but worse ) drama. I am the applicant that won the DV16 . My husband is listed as my spouse. Many years ago ie twenty he was convicted of being in possesion of stolen goods. There was no trial as such ...he just pleaded guilty to avoid costs\ lengthy trail etc and got off with a "suspended sentence" of 5 years. No jail time or prison fine. Not sure if you know what "suspended sentence" is...but you may have come across this before. Anyways , the short story is that i dont believe that this falls under a CMT ...but he does have other "run ins" with the law but ie a few warnings but no other convictions. All if these happened as a young man.
Two questions please : How do you see this playing out - is this likely to affect outcome ?
Secondly - if they deny him ..do they "kick out " the whole application ie for me and my son ? Or will they still allow us to go ?
We currently hold 10 year USA visa;s which were issued with the above on record and have travelled multiple times to the USA without issue.
I cant explain how stresseful this matter is to me....i cannot begin to get excited as i feel like this issue is like a ticking bomb until "D " day ie interview day.
Any advice will be welcome.
ps i am in the process of collating court records\ PCC etc
Many thanks
Click to expand...

The link below describes the categorization of CIMT.

"Possession of stolen goods" is not a CIMT whereas "Receiving stolen goods" is classed as a CIMT. So - I doubt you need a waiver, but if in doubt you might want to get a lawyers opinion, or at the very least obtain all the records you can get and be prepared to provide this at the interview. Personally, I would not sweat it - especially if your CN is low enough that your interview will happen earlier in the year.

http://www.state.gov/documents/organization/86942.pdf
 
thirdtimelucky said:
Hello - many thanks for the reply.
1. How does one go about applying for a waiver ? Do i wait for interview or kick off process now ?
2. He was 22 at the time of the offence but this was about twenty years ago i think
thanks again
Click to expand...
I think prepare as mush as you can for the interview and hope for the best, that's what I've done. Hopefully it's gonna be okay..:)
 
@Britsimon thank you so so much for sharing that document. Phew...huge relief. I checked again and it was possession and not "receiving" so very glad that i asked the question.
my last worry is that my case number is VERY high ie AFxxx40*** which means that if trouble arises and a waiver is in fact required...it may be too close in terms of the Sept deadline looming.
Do you have info on the waiver process and do you think i should get an immi attorney JUST in case ?
this is a once in a lifetime opportunity so will do anything to make sure i've done my best.
 
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