K1 Visa Interview - No Live Trace on police certificate

[Small Jack 1]

I was wondering if anybody could help me. I have my police certificate with No Live Trace, I got my SAR back and it's a juvenile offence when I was 13 years old in 2007 for Wounding/Inflicting Griveous Bodily Harm. This is the only offence I have ever been charged with, I had to pay compensation and had a 12 month refferal order to do youth offending classes once every couple of weeks. I did not know how this worked and was of the understanding it would be taken from my criminal record, I was a child so I didn't sort any of this out my Dad did who unfortunately is dead so I cannot ask about the specific circumstances. So I am just wondering if this means I am likely to be denied a K1 or not? Thanks

[Boiler 44,852]

It will complicate matters, not sure if it will require a waiver.

[Small Jack 1]

3 minutes ago, Boiler said:

It will complicate matters, not sure if it will require a waiver.

I thought it might. I am just not sure how it will be viewed, I was a juvenile very young, my only offence and was a purely accidental thing after getting into a fight. I guess it's just a fingers crossed and hope it goes ok

[wallflowers 3]

Hey there! Unfortunately, convictions such as this cannot be removed or expunged from a record (unless for some reason it transpired that you were innocent). What you’re probably thinking of when you thought it would be removed is that offences can become “spent” in the UK - meaning that after a certain amount of time has passed since an offence, it can be filtered and not shown on a disclosure and barring certificate for work purposes. For immigration though, everything on your record is disclosed. 
 

Some juvenile offences are forgiven in this process, however unfortunately grievous bodily harm does fall under a crime of moral turpitude and you may need a waiver considering the serious nature of the offence, despite your age. It’s hard to say at this stage until your interview. I’d be prepared. You may want to start looking into immigration lawyers, but there’s nothing even they can do at this stage until you know whether you’ll need a waiver or not. Your best bet is to be honest and transparent. Stick to the facts and don’t downplay what happened. Lying can make you ineligible. While a criminal record does complicate your green card application, it may not necessarily lead to a denial. Given your age and that it’s your only dealing with the law, it sounds like you’ve got a good chance of approval, but may need a waiver. 
 

Good luck :-)

[Small Jack 1]

4 hours ago, wallflowers said:

Hey there! Unfortunately, convictions such as this cannot be removed or expunged from a record (unless for some reason it transpired that you were innocent). What you’re probably thinking of when you thought it would be removed is that offences can become “spent” in the UK - meaning that after a certain amount of time has passed since an offence, it can be filtered and not shown on a disclosure and barring certificate for work purposes. For immigration though, everything on your record is disclosed. 
 

Some juvenile offences are forgiven in this process, however unfortunately grievous bodily harm does fall under a crime of moral turpitude and you may need a waiver considering the serious nature of the offence, despite your age. It’s hard to say at this stage until your interview. I’d be prepared. You may want to start looking into immigration lawyers, but there’s nothing even they can do at this stage until you know whether you’ll need a waiver or not. Your best bet is to be honest and transparent. Stick to the facts and don’t downplay what happened. Lying can make you ineligible. While a criminal record does complicate your green card application, it may not necessarily lead to a denial. Given your age and that it’s your only dealing with the law, it sounds like you’ve got a good chance of approval, but may need a waiver. 
 

Good luck 🙂

Thank you! Definitely just going to be honest with what happened. Was just a purely accidental thing and was not intentional in any way so I am just hoping. Nothing I can do now to change it, just got to hope that they view it as me being a stupid kid and clearly am not some violent criminal.

[Boiler 44,852]

It is not a discussable type situation, my guess is the CO will not know what to do and will refer.

[Small Jack 1]

Well I had my interview today and everything was approved! 

[Bizzo840 2]

On 9/3/2024 at 6:26 AM, Small Jack said:

Well I had my interview today and everything was approved! 

Awesome. I did read somewhere that any crime committed before the age of 18 will not be counted as moral turpitude as per US. I think it’s in one of the 212 clauses. 

Edited September 5 by Bizzo840

[Bizzo840 2]

FAM 302.3-2(B)(1)  (U) Applying INA 212(a)(2)(A)(i)(I)

(CT:VISA-2009;   06-11-2024)

a. (U) Determining Ineligibility:  When adjudicating a visa application for an applicant whom you have reason to believe has committed a crime involving moral turpitude, determine whether:

(1)  (U) The offense committed involves moral turpitude (see 9 FAM 302.3-2(B)(2) below);

(2)  (U) The applicant has been convicted (see 9 FAM 302.3-2(B)(3)below); and/or

(3)  (U) The applicant has admitted or may admit that they have committed acts which constitute the essential elements of a crime (see 9 FAM 302.3-2(B)(4) below for guidance on legally valid admissions).

b. (U) Exceptions to Ineligibility:  Certain statutory exceptions may prevent a determination of INA 212(a)(2)(A)(i)(I) ineligibility resulting from a conviction for a crime involving moral turpitude. These exceptions generally do not apply to other ineligibilities that may result from the same conviction , for example INA 212(a)(2)(C)(i) or INA 212(a)(3)(B).  These INA 212(a)(2)(A)(i)(I) exceptions relate to:

(1)  (U) Crimes that fall under the "sentencing exception" (see 9 FAM 302.3-2(B)(6) below);

(2)  (U) Crimes committed before age 18 (see 9 FAM 302.3-2(B)(7) and 9 FAM 302.3-2(B)(8) below); and

(3)  (U) Certain purely political offenses and convictions (see 9 FAM 302.3-2(B)(9) below).

[Small Jack 1]

11 hours ago, Bizzo840 said:

 

FAM 302.3-2(B)(1)  (U) Applying INA 212(a)(2)(A)(i)(I)

(CT:VISA-2009;   06-11-2024)

a. (U) Determining Ineligibility:  When adjudicating a visa application for an applicant whom you have reason to believe has committed a crime involving moral turpitude, determine whether:

(1)  (U) The offense committed involves moral turpitude (see 9 FAM 302.3-2(B)(2) below);

(2)  (U) The applicant has been convicted (see 9 FAM 302.3-2(B)(3)below); and/or

(3)  (U) The applicant has admitted or may admit that they have committed acts which constitute the essential elements of a crime (see 9 FAM 302.3-2(B)(4) below for guidance on legally valid admissions).

b. (U) Exceptions to Ineligibility:  Certain statutory exceptions may prevent a determination of INA 212(a)(2)(A)(i)(I) ineligibility resulting from a conviction for a crime involving moral turpitude. These exceptions generally do not apply to other ineligibilities that may result from the same conviction , for example INA 212(a)(2)(C)(i) or INA 212(a)(3)(B).  These INA 212(a)(2)(A)(i)(I) exceptions relate to:

(1)  (U) Crimes that fall under the "sentencing exception" (see 9 FAM 302.3-2(B)(6) below);

(2)  (U) Crimes committed before age 18 (see 9 FAM 302.3-2(B)(7) and 9 FAM 302.3-2(B)(8) below); and

(3)  (U) Certain purely political offenses and convictions (see 9 FAM 302.3-2(B)(9) below).

This is exactly what I had read as well and was hoping that it would go in my favour because of it and thankfully it did. Very relieved and happy that it all went smoothly!