Previous arrest...

[tracymike 0]

Sounds like you might be ok then.

Hi, It sounds to me like you'll be fine and not need a waiver. Even if you do, with what you've said it should be an easier approval. Try asking your questions at immigrate2us.net. They have a lot of people over there that talk about going through waivers. The site is great for finding out about "crimes" and waivers. a lot of knowledgeable people there, I must say. Tracy

[sammills89 2]

Sounds like you might be ok then.

Hi, It sounds to me like you'll be fine and not need a waiver. Even if you do, with what you've said it should be an easier approval. Try asking your questions at immigrate2us.net. They have a lot of people over there that talk about going through waivers. The site is great for finding out about "crimes" and waivers. a lot of knowledgeable people there, I must say. Tracy

Thanks, to both of you. I know it's just opinions but I'm trying to find any comforts here! Does anyone have any idea of the approval rate for waivers in London? I've e-mailed a few lawyers to get their opinions and I will go on that website that you provided me with. Really is so difficult with this hanging over us! I wish people would realise that mistakes happen, and in all honesty I was acting purely in self-defence! I genuinally was, I know how that term gets thrown around a lot... The Sams'.

[baron555 934]

I would also agree. Seems like you are fine. Good luck.

[Old Dominion 26]

Just go ahead with the process. You'll be OK in all respects.

[sammills89 2]

Yeah like I said, the maximum penalty for battery is 6 months imprisonment so in that respect they can't deny me on it. The latest worry is that when I entered the country on the VWP I ticked that no I hadn't been arrested or convicted. Can anyone see this being a big problem?

[English Muffin 59]

Yeah like I said, the maximum penalty for battery is 6 months imprisonment so in that respect they can't deny me on it. The latest worry is that when I entered the country on the VWP I ticked that no I hadn't been arrested or convicted. Can anyone see this being a big problem?

Yes. That could be a much bigger problem than the original offence. It will all depend on whether or not your offence is considered a CIMT.

[sammills89 2]

They just make it as much hassle and hard work as humanely possible.

[sammills89 2]

Just got this from my post on immigrate2us.net.

Quote:

"The question on the I-94W was so vague. You did not commit a willful misrep because even an average person does not know what a CIMT is. You did not commit a material misrep because you should be qualified for a juvenile exception AND:

CIMT defines as conduct which is inherently base, vile, or depraved, contrary to the accepted rules of morality and the duties owed to persons or society in general. See Matter of Flores, 17 I&N, Dec. 225 (BIA 1980), and cases cited therein. It is defined as conduct which is morally reprehensible and intrinsically wrong, the essence of which is an evil or malicious intent. Crimes against a person involve moral turpitude when criminal intent or recklessness is an element of the offense, or when the crime is defined as morally reprehensible by state statute, e.g. statutory rape. Criminal intent or recklessness may be inferred from the presence of unjustified violence or the use of a dangerous weapon. Aggravated battery is usually, if not always, a CIMT. Assault and battery is usually not a CIMT.

Conviction can be defined as

* the alien pled guilty or nolo contendere or was found guilty of the charges against him or her.

* the judge ordered some form of punishment, penalty, or restraint of liberty to be imposed.

* a judgment of adjudication of guilt may be entered without further proceeding regarding guilt or innocence if the person violated the terms of probation or failed to comply with the requirements of the court order.

Petty offense is defined as a crime for which the maximum penalty possible for the crime does not exceed imprisonment for one year and, if there is a conviction, the term of imprisonment does not exceed six months, regardless of suspension. Thus, an individual convicted of a CIMT will only qualify for the exception if the two conditions are satisfied. Not only must the sentence imposed have been less than six months, the maximum possible sentence that could have been imposed must not exceed one year.

You see, you don't fall in any of the above, but the consulate will require you to submit a certified police disposition (with stamp or raised seal)proving that there was no conviction and sentence imposed."

Firstly I'd like to thank the member for the comprehensive reply, and if anyone has any thoughts on it please let me know, thanks again everyone.

Sam.

[English Muffin 59]

Is the person who posted that an immigration attorney?

If you go this link http://britishexpats.com/forum/forumdisplay.php?f=34 you'll see that there are a couple of stickies at the top that deal with CIMTs. Both threads were started by immigration attorneys and they might be of help to you.

[milesinfront 2]

Honestly, I believe you will be fine. This is not legal advice, but in the US battery is considered a minor offense (it can even be dealt with as a civil matter) which is simply classed as the unwanted touching of another person. You were a MINOR when it happened! I was 20 when I received my caution, for suspected assault. If I can give you one piece of advice, it would be DO NOT WORRY. Just get your stuff together, get to the embassy with plenty of time to spare, relax, and look forward to your new life.

I spent many weeks needlessly worrying about the same thing, all for no reason. I remember Googling everything on the subject. I am now a permanent resident, albeit awaiting adjustment of status (!) And the I-94? That asks if you have committed a crime of moral turpitude. Again, not legal advice, but I strongly suspect that simple battery is NOT a CIMT. Aggravated battery is, but I assume you did not use a weapon, inflict serious injury, or attack a child or police officer.

I am sure you will be fine.

[milesinfront 2]

Sam - just sent a message to your inbox.

[sammills89 2]

Milesinfront, firstly congratulations on become a permanent resident and overcoming all the CIMT bull. Secondly, the crime did involve my car, as basically I had a brick thrown through my windscreen as I was driving and then a large group of men trying to enter my car - I clipped a bike on my way out of the car park in sheer panic and one managed to feign an injured leg to the police (fortunately for him he was riding his bike the next day!) but the police said as it was purely in self-defence they would only give me lesser charges (aka battery). That's the short story basically, not sure how it will affect the outcome. I know for a fact that I was only charged with 'simple battery' and nothing else, no assault with a weapon etc - so far as we can tell it doesn't count as a CIMT because I never intended to cause any damage to anyone, I was truly trying to escape from a terrifying ordeal! If you would all like the full story I am more than happy to post it, just let me know. The sad thing is the people involved caused a lot more damage to myself and my car than I did to ANYONE! Strange world we live in.

Sam - just sent a message to your inbox.

Will read it now, thanks.

[^KK^ 3]

I think I missed it...but when is your interview?

Make sure you take all the information you're quoting to the interview..Just in case the immigration officer (whatever they are called) doesn't know the guidance.

[sammills89 2]

I haven't received packet 4 yet, next big worry! I've waited about 6 weeks so far, starting to get a bit anxious. I will indeed, I'm contemplating going to the local police station to get a write up on what a caution is etc, need to call up the station tomorrow some time.

[English Muffin 59]

Were you given a caution? Your first post says that you were given a 'final warning' and there is a difference.

There's no need to get an explanation of what a caution is, the Embassy deal with this kind of stuff all the time and are pretty well versed in it.