Proceeding with Criminal Record

[navd-0 12]

Hi,

How best to handle and explain a petty/common criminal offence in the application.

As part of the NVC process I applied for a police check in which I was shocked to see a record from when I was 18 and having a loud argument with my brother (aged 19 at the time), my mother called the local police as a way of teaching us boys a lesson, she was not aware that the police would be so obtuse in handling the matter and register the event as an assault, even though both my brother and I had simmered down by the time of the police arriving. 

The next day before work I went to the local court and signed a document explaining I was apologetic to my brother and I would be on 'good behaviour' for 6 months, and that was the last I ever thought of that event until today 13 years later.

When filling my DS-260 there is a section to explain my 'criminal record/conviction' how do I best draft an explanation?

I am the beneficiary of a CR-1 and the offence occurred when I was younger living in my home country.

Thanks all!

[African Zealot 1,455]

Have all the documents you can get from the court available those are what carry weight. Remember every offender will try to give some excuse or explanation why their old conviction/record is overblown (how many overspeeders admit they were overspeeding by 40 mph 😁) so officials typically don’t give those explanations much weight, the focus is on the documented evidence.

 

It doesn’t hurt though to add a short explanation if the court document doesn’t have detail.

 

Good luck 🍀 

[navd-0 12]

12 minutes ago, African Zealot said:

Have all the documents you can get from the court available those are what carry weight. Remember every offender will try to give some excuse or explanation why their old conviction/record is overblown (how many overspeeders admit they were overspeeding by 40 mph 😁) so officials typically don’t give those explanations much weight, the focus is on the documented evidence.

 

It doesn’t hurt though to add a short explanation if the court document doesn’t have detail.

 

Good luck 🍀 

Thank you, I have contacted the local court for documents. I am extremely concerned that because the crime is classed as 'Domestic Violence' I will be automatically rejected!

[Rocio0010 5,579]

Please complete your timeline. There might be other people from your same country with a similar situation that might be able to help. 

[navd-0 12]

6 minutes ago, Rocio0010 said:

Please complete your timeline. There might be other people from your same country with a similar situation that might be able to help. 

Thanks for your message.

Timeline is already up to date. i130 approved and now at NVC stage.

[Rocio0010 5,579]

1 minute ago, navd-0 said:

Thanks for your message.

Timeline is already up to date. i130 approved and now at NVC stage.

Ok, now try posting on the Australia thread too. 

[pushbrk 12,870]

3 hours ago, navd-0 said:

Hi,

How best to handle and explain a petty/common criminal offence in the application.

As part of the NVC process I applied for a police check in which I was shocked to see a record from when I was 18 and having a loud argument with my brother (aged 19 at the time), my mother called the local police as a way of teaching us boys a lesson, she was not aware that the police would be so obtuse in handling the matter and register the event as an assault, even though both my brother and I had simmered down by the time of the police arriving. 

The next day before work I went to the local court and signed a document explaining I was apologetic to my brother and I would be on 'good behaviour' for 6 months, and that was the last I ever thought of that event until today 13 years later.

When filling my DS-260 there is a section to explain my 'criminal record/conviction' how do I best draft an explanation?

I am the beneficiary of a CR-1 and the offence occurred when I was younger living in my home country.

Thanks all!

You just did a great job of just that.

[navd-0 12]

26 minutes ago, pushbrk said:

You just did a great job of just that.

Thanks PushBRK,

All those involved in the matter have long since moved on and are prepared to provide affidavits outlining how it should never have reached this level with the police and courts. I was very young and unware of how to handle myself with police and courts, as was my family. 

I'm hoping court documents outlining the 'crime', documents from those involved minimising the events and a clear explanation will be enough to avoid automatic expulsion/denial of entry etc. 

[Family 3,988]

8 hours ago, navd-0 said:

Thank you, I have contacted the local court for documents. I am extremely concerned that because the crime is classed as 'Domestic Violence' I will be automatically rejected!

What are you using to reference it as a DV crime classification? The only thing you mentioned is looking at the police clearance that shows arrest only. While that may show up as DV, and could even be what you were charged with ….

ultimately the conviction is the deciding factor . Once you get transcripts of case long w judgement, look closely at what US statute that falls under. 
By your post heading, I take you are both aware and on track for arguing the petty offense exception. Just make some record of your spouse being aware of this incident, being ok with it and of course that you have no other DV instances or pose any danger to her ( this can be a joint statement by you and her ) that u carry w u to interview for officer. Of course a few other character ref letters from family/friends/community won’t hurt. 

 

 

[navd-0 12]

4 minutes ago, Family said:

What are you using to reference it as a DV crime classification? The only thing you mentioned is looking at the police clearance that shows arrest only. While that may show up as DV, and could even be what you were charged with ….

ultimately the conviction is the deciding factor . Once you get transcripts of case long w judgement, look closely at what US statute that falls under. 
By your post heading, I take you are both aware and on track for arguing the petty offense exception. Just make some record of your spouse being aware of this incident, being ok with it and of course that you have no other DV instances or pose any danger to her ( this can be a joint statement by you and her ) that u carry w u to interview for officer. Of course a few other character ref letters from family/friends/community won’t hurt. 

 

 

Due to the argument being between myself and my brother (living together in the same house) the assault is classed as Domestic Violence.

The final charge was Common Assault (DV). This correlates to Simple Assault in the US, but the family/DV aspect of it is what is truly concerning. 

[Bob in Boston 698]

3 hours ago, Family said:

What are you using to reference it as a DV crime classification?

It was with his brother in their home= domestic violence. Considered domestic violence in the states too.

Edited June 22, 2022 by Bob in Boston

[Family 3,988]

Well, again you refer to the charges brought up against you and I am not sure if that is what you were “ convicted of”..

But given that a quick look that shows  common assault as punishable w up to 2 years…you have a problem with petty offense exception ( anything 12 months and more is felony). 
 

Since you never did time and describe something  specific to your sentencing , once you get court records, have them reviewed by US immigration attorney that specializes 

[Mozillaman 7]

Ah yes, bad parenting strikes again. You may also want to look to see if you can have your record expunged in your home country, with a signed affidavit by your brother that should be doable, and a record of the charge being expunged should carry a fair bit of weight moreso than trying to explain it. It may be an issue later in life, not just right now, to have that on your record.

[Bob in Boston 698]

25 minutes ago, Family said:

anything 12 months and more is felony). 

not true, depends on the state and the statute. in Ma A&B is a misdemeanor offense and carries a sentence up to 2 years in house of correction. Domestic A&B is also a misdemeanor but the catigory (domestic) makes it more serious with a manditory arrest.

[navd-0 12]

3 minutes ago, Mozillaman said:

Ah yes, bad parenting strikes again. You may also want to look to see if you can have your record expunged in your home country, with a signed affidavit by your brother that should be doable, and a record of the charge being expunged should carry a fair bit of weight moreso than trying to explain it. It may be an issue later in life, not just right now, to have that on your record.

The crux of the issue as far as I can tell is what constitutes a CIMT 'Crime Involving Moral Turbidity' as that is the only test that matters. As CIMT is not clearly defined it leaves a lot open to chance, which is frightening. 

Legal scholarship has CIMT down to grievous harm or simple assault + deadly weapon. It looks as though I should be completely fine, but I just cannot find anything or anyone giving concrete information.

6 minutes ago, Bob in Boston said:

not true, depends on the state and the statute. in Ma A&B is a misdemeanor offense and carries a sentence up to 2 years in house of correction. Domestic A&B is also a misdemeanor but the catigory (domestic) makes it more serious with a manditory arrest.

The crux of the issue as far as I can tell is what constitutes a CIMT 'Crime Involving Moral Turbidity' as that is the only test that matters. As CIMT is not clearly defined it leaves a lot open to chance, which is frightening. 

Legal scholarship has CIMT down to grievous harm or simple assault + deadly weapon. It looks as though I should be completely fine, but I just cannot find anything or anyone giving concrete information.