Brit_girl_55

I’ve read a few different times posts on here about the subject but wanted to get some thoughts specific to my situation.

I’m going to be going through the L1 process to take a role in the US and my husband and son will be coming with me (assume on a L2).

my husband has an old criminal record. He has 2 convictions that are 13 and 14 years old. They are both for common assault. He has nothing since. From everything I’ve read I’m coming to the assumption they likely don’t constitute CIMT (but I know this is subject to officer judgement) but I’m worried because there are 2 of them!

When he has travelled to US in the past he has done so on a ESTA and ticked the box no to CIMT.

He has paid for an ACRO but I’m thinking that may come back with “no live trace” as the convictions are spent (I know they are not spent in US) so I’m already expecting to have to do a data request or speak to police to confirm details for the visa interview.

I wouldn’t be as worried if there was only 1 conviction but there’s two which has got me nervous.

Anyone got an experience of multiple old
convictions? Is it really unlikely he will be approved for L2? Any advice or anything else I can do before the interview?

Pulaski

IMO the passage of time since the most recent conviction is probably more significant than that there were two of them.

Another "spin" factor is his age when he was convicted. If he was 19-20 and is now 33 then he can be said to have matured a lot, whereas if he was 36-37 and is now 50 then he should definitely have known better when the crimes were committed, and might not have changed as much since the convictions.

All that said, he might be made to jump through some hoops, but I believe he will get his L2 visa.

Brit_girl_55

Yes he was 20/21 when he committed the offences and is now 34. To your point yes it is a case he has matured a lot and made silly mistakes when he was “young and care free”.

When you say jump through some hoops, do you mean he would need the waiver thing I keep reading about or just that we will need to get more info for the interview?

That eases my mind a little - thank you!

shiversaint

Generally common assault is not a CIMT so he should not need a waiver of inadmissability. Should be fine.

Pulaski

IMO likely just more information, and probably not a waiver.

S Folinsky

Not so sure about that. When it comes to inadmissibility, either one is or is not. There is no “discretion” involved. If a waiver is required, it is a factor.

One point, I would like to make is that I learned over the years not to really trust a persons memory of their criminal record. On top of that, OP is relating her husband’s record of some years back. Nothing dishonest implied here, just unreliability.

If the information provided here is correct, I agree it is probably OK (my indeterminate language is deliberate).

”Trust, but verify.”

Pulaski

I am guilty as charged of using "indeterminate language". ... I meant that the "spin factor" would come into play as to whether a required waiver (if required, which we think not) was granted, not in whether a waiver would be required.

newacct

Note that there is an inadmissibility for multiple criminal convictions, even if they are not CIMTs, if the aggregate sentence was 5 years or more.

Brit_girl_55

he never got a sentence. He got probation for 1 year for each conviction. Does that only apply if you went to prison? He has never been to prison.

Pulaski

S Folinsky

This is what I mean about seeing the paperwork. I’ve seen sentences to a definite term in jail or prison, custody suspended upon compliance with probation. That is a sentence to confinement.

Brit_girl_55

So we just got the ACRO back…..no live trace! Any idea what next step is now? I’m assuming the immigration officer won’t accept that as the end of it as it says he has a criminal record they are just spent.

shiversaint

It is technically all you need, alongside a typed out VCU-1 form. You can get a SAR from the arresting/charging police force if you want more information to support a particularly complex case/or want to be absolutely sure, but a consular officer will not require this for a non-immigrant visa. As per my original comment, you are likely to go through with no issues.

Brit_girl_55

Hi all, so update for you.

we have the SAR back now and interview is scheduled for October. My husbands SAR had 1 conviction for common assault and a caution for battery. BUT….we had a surprise as a shoplifting penalty notice was on there. All occurred when he was 18/19 and is now 35.
We are using company immigration lawyers and they have everything and spent months deciding on whether we should go ahead. They have advised us to go ahead so I’m hoping that means they are confident! Now we are both worrying what the interview will be like and what questions he will get!

karenkaren1

I think he's probably lucky as being a juvenile at time of conviction will go in his favor im guessing