# ABH conviction & CIMT: my experience



## jmayer69 (May 7, 2013)

Hi all

I spent a huge amount of time searching various forums for the truth about ABH and whether or not it is a CIMT and found a wide range of opinions on the matter. I hope my own story will help anyone in a similar position.

My company offered me the chance to transfer to the US, an exciting opportunity to work in a different culture and broaden my professional horizons. I accepted immediately, and recruited my own replacement while my fiance resigned from her UK job. Having already travelled to the US approximately 15 times in the last 5 years I assumed I would have no issues with my visa application.

You can imagine my horror when I started filling out the online DS-160 questionnaire as part of the process and came to the part asking if you have ever been charged, arrested or convicted for anything at all. This is rather different to asking if you have a criminal record, as the US do not step down aged convictions. I knew I had been in court after a fight around 20 years ago, but I couldn't remember exactly what happened. I requested my ACPO, got it through and it showed NO LIVE TRACE, meaning I had no UK criminal record but had at least been arrested before. So I emailed ACPO requesting further information and they kindly gave me a number to ring. I spoke to someone who told me there were 2 incidents on file - a conviction for ABH and a caution for obstructing the police. I spoke to the magistrates court in question and received my memorandum of conviction, confirming the details - guilty of assault occasioning actual bodily harm, 12 month conditional discharge and £30 court costs.

More panic - online forums were full of experts who said there was no way I would be allowed into the US, and that the fact I had travelled numerous times under ESTA meant I had effectively commited fraud and would be banned for life. 

I visited an immigration lawyer and spilled my guts to her. She didnt quite burst out laughing at me, but she assured me that an ABH conviction in a magistrates court does not constitute a CIMT. Even if it was a CIMT, the fact that it was a sole incident 20 years ago meant it would have been passed as a one off and I would still get the visa.

feeling better, but still nervous, we went to the US Embassy for our interviews - my fiance for a B2, me for an L1. First interview took around 1 minute. Second interview took about 2 minutes - he asked where I would be living, what my job would be, and then said "OK, you're both approved".

So there it is. If you have a conviction of ABH from a magistrates court, dont fret, you'll be fine. Make sure you have all your documents to avoid a delay, and dont even think about not disclosing it. I didnt sleep properly for weeks, but I'm glad I told the truth and even gladder they have let me in. 

Hope this helps someone out there :amen:


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## twostep (Apr 3, 2008)

You are preaching to the choir:>) Where will you be heading?


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## jmayer69 (May 7, 2013)

twostep said:


> You are preaching to the choir:>) Where will you be heading?


I'll be living on Lake Minnetonka, MN by the end of May. Will pack some warm clothes for the infamous winters...


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## twostep (Apr 3, 2008)

jmayer69 said:


> I'll be living on Lake Minnetonka, MN by the end of May. Will pack some warm clothes for the infamous winters...


Brrrrrrrrrr ..... There is always LL Bean:>) Good luck! Keep in touch please.


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## emilysubar (Oct 6, 2013)

jmayer69, did you disclose on your DS-160 form that you were convicted of the ABH crime 20 years ago?

I am surprised they ask this on a non-immigrant visa.


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## twostep (Apr 3, 2008)

emilysubar said:


> jmayer69, did you disclose on your DS-160 form that you were convicted of the ABH crime 20 years ago?
> 
> I am surprised they ask this on a non-immigrant visa.


The question is "charged, arrested or convicted ". Non-disclosure in L1 can mean immediate dismissal after the US background check. Trust me during my HR days for a super regional US company we dug deep:>) Otherwise it will surface sooner or later, preferably at the most inconvenient time such as AoS.


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## emilysubar (Oct 6, 2013)

twostep said:


> The question is "charged, arrested or convicted ". Non-disclosure in L1 can mean immediate dismissal after the US background check. Trust me during my HR days for a super regional US company we dug deep:>) Otherwise it will surface sooner or later, preferably at the most inconvenient time such as AoS.


No, he has a conviction for ABH. ABH is Actual Bodily Harm, a crime of violence considered to be under CIMT. Even though it was 20 years ago, I am surprised he was approved an L-1 vis, because in America there's no concept of spent criminal records. Even expunged criminal records are still taken into consideration by US immigration.


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## boomermoana (Dec 4, 2016)

Thanks for this - did you prepare a case for when you had an interview with the US consulate?
My situation is ridiculously similar to yours but my immigration lawyer in not optimistic - would be great to understand your defence


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