Is Spousal Assault an Excludable Offence to the United States? I have been processing waivers for over 25 years.  It used to be that spousal assault was determined to be an excludable offence if one of the following conditions occurred: the offence was tried by indictment; or the person in question had 2 or more spousal assaults. When I refer to spousal assaults, I am referring to simple assault or common assault, which is currently section 266 of the Criminal Code of Canada (in prior years sections could have been different).  This 'fact' was based upon a written internal memo[...]