Advice needed, criminal record ‘Battery Reprimand’

[Danny & Karen 0]

Hi All,

 

I’m from the U.K. and my visa interview at the US Embassy in London is approaching. I received my Acro Police Certificate which stated ‘No Live Trace’ at which point I had requested a Subject Access Form. The form states I have a Reprimand for Battery back in 2007. I am almost 28 years old and this happened when I was 15, by 2 months. It doesn’t mention Battery with intent or weapons or anything like that. I am seriously concerned now as 1. I’ve been travelling back and forth to the US on an ESTA without declaring it 2. Will this be an inadmissible offence which will result in my Visa being denied? 
 

I honestly forget about the offence, otherwise I would have mentioned it. Plus I’m currently in the US visiting my fiancé (ESTA 90 days - have to return by 7th December) 

 

Any advice would be highly appreciated. I need to ascertain whether this is an admissible offence and would rather not go down the attorney route. I am in awe of my fiancé and cannot imagine a life without her. Long distance sucks! 
 

Thanks in advance

Danny

[JFH 12,190]

You forgot that you got a reprimand for battery? I don’t think a reprimand at 15 will necessarily be a deal-breaker for a K-1 but not declaring the arrest on your ESTA applications could be an issue. IIRC the question asks if you have ever been arrested for a crime that caused injury. Presumably you hit or struck someone or threw something at someone for it be classified as battery.

[JFH 12,190]

Also wanted to add, even if you are unable to immigrate it doesn’t mean life without your fiancée. She can move to the UK if necessary. You’ll find a way. My husband (USC) has a felony conviction that means he is unable to ever enter the UK, not even to visit. Our first choice was to live in the UK but he was denied (as we deep down suspected but we had hoped for a humanitarian exception due to my epilepsy). So we went down the CR-1 route for me to move to him. It meant we spent the first two years of married life apart going through two visa processes but we survived. I wasn’t thrilled to have to live in the US but when life gives you lemons you make the best lemonade you can under the circumstances. 

Edited November 9, 2019 by JFH

[Wuozopo 4,293]

I can't predict what will happen at your interview, but am aware of lots (over the last 10 yrs) who had similar circumstances as you and there was no ESTA discussion. ESTA is Homeland Security while visas are the Department of State, so maybe it was just a matter of "not my job" to get into ESTA discussion. Good luck. 

[Danny & Karen 0]

On 11/9/2019 at 10:55 AM, Wuozopo said:

I can't predict what will happen at your interview, but am aware of lots (over the last 10 yrs) who had similar circumstances as you and there was no ESTA discussion. ESTA is Homeland Security while visas are the Department of State, so maybe it was just a matter of "not my job" to get into ESTA discussion. Good luck. 

Thank you for your advice. I was advised by an immigration attorney that because I said no to criminal record on ESTA application, it would be deemed as misrepresentation and there’s every chance my visa will be denied, resulting in a requirement for a Waiver. He suggested that I stay here, abandon the K1 and marry/adjust status before the 90 day period expires?  

On 11/9/2019 at 10:49 AM, JFH said:

Also wanted to add, even if you are unable to immigrate it doesn’t mean life without your fiancée. She can move to the UK if necessary. You’ll find a way. My husband (USC) has a felony conviction that means he is unable to ever enter the UK, not even to visit. Our first choice was to live in the UK but he was denied (as we deep down suspected but we had hoped for a humanitarian exception due to my epilepsy). So we went down the CR-1 route for me to move to him. It meant we spent the first two years of married life apart going through two visa processes but we survived. I wasn’t thrilled to have to live in the US but when life gives you lemons you make the best lemonade you can under the circumstances. 

Appreciate your feedback. My fiancé has a 6 year old so moving to the UK wouldn’t be possible for her, due to ties with child and father. 

[BethF 1]

Delete, wrong comment thread

Edited April 14, 2022 by BethF

[CCole09 8]

On 11/9/2019 at 1:55 PM, Wuozopo said:

I can't predict what will happen at your interview, but am aware of lots (over the last 10 yrs) who had similar circumstances as you and there was no ESTA discussion. ESTA is Homeland Security while visas are the Department of State, so maybe it was just a matter of "not my job" to get into ESTA discussion. Good luck. 

Of any of those similar circumstances you mention, do any of them have posts or is there anywhere to follow to read their story of events? Thank you!