K-1 HELP!

[JimVaPhuong 4,863]

Take some time and read the Foreign Affairs Manual chapter on the subject of criminal inadmissibility:

http://www.state.gov/documents/organization/86942.pdf

It gives specific examples of crimes which do and do not involve moral turpitude. Most crimes against a person would require an intent to do harm in order to be classified as a crime involving moral turpitude. Simple harassment isn't even mentioned, but I doubt it would be considered a CIMT.

I'm not familiar with the "no trace", "no live trace" etc. jargon. That's apparently something that is characteristic of police reports in the UK. However, there are also other countries where a police report is similarly vague, and just states whether you have or have not been arrested or charged without giving any specific details. You should probably get the relevant police and/or court records, even if your initial police report comes back clean. Those will clarify the nature of the crime you were accused of. I seriously doubt a consular officer is going to determine you are inadmissible based on what you've described, and I doubt you'll need any waiver.

Be aware that they may question you specifically about this. It isn't necessary that you have actually been arrested or convicted of a CIMT. It's sufficient if you simply admit to being guilty of the essential elements of a CIMT. An admission would make you inadmissible. Be careful what you say during the interview, and don't admit to anything you weren't actually accused of. A large portion of that chapter of the FAM discusses admissions. You should probably read this.

[RichiJenny 14]

If the acpo report comes back as no live trace, it means the offence has been stepped down - ie theres been a rehab period. Something major would give details regardless of the time period. Try the forum at www.immigrate2us.net too, thats very useful and there are people in the same position as yourself. For peace of mind I would advise the acpo certificate premium service, it takes a week tops, you need a photo with it too. The acpo cert is more basic than the subject access, but more 'official looking' hence the requirement for the consulate. The subject access is cheaper but it will also give you the details for your peace of mind or how you need to approach the issue you're concerned about.

[RichiJenny 14]

If it shows up, then address the issue in your own words, when you go to the interview. Id say a CO would be more willing to look at it more sympathetically if you are upfront and honest.