Hi There
I was never arrested, but its a complicated story. I commited a crime ( theft) about four years ago, for under £20 and now its on my record. I had an officer write me a statement, that i was never arrested, just a caution, plus I was 17 at the time..The only thing they got on me, was the fact it was 4 years ago, not 5. Had it been 5 years I would have been covered on the petty offence law.
Anyone got any advice on this matter, going through or been through this.
So pissed with this crap xxx
VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)
Is it on your police report? If it is, then you need to be concerned. If it isn't, then you don't.
My husband has received one caution in his life and it's not on the report.
My husband has received one caution in his life and it's not on the report.
QUOTE(Samanthajayne @ Mar 11 2008, 03:41 PM) 
Hi There
I was never arrested, but its a complicated story. I commited a crime ( theft) about four years ago, for under £20 and now its on my record. I had an officer write me a statement, that i was never arrested, just a caution, plus I was 17 at the time..The only thing they got on me, was the fact it was 4 years ago, not 5. Had it been 5 years I would have been covered on the petty offence law.
Anyone got any advice on this matter, going through or been through this.
So pissed with this crap xxx
I was never arrested, but its a complicated story. I commited a crime ( theft) about four years ago, for under £20 and now its on my record. I had an officer write me a statement, that i was never arrested, just a caution, plus I was 17 at the time..The only thing they got on me, was the fact it was 4 years ago, not 5. Had it been 5 years I would have been covered on the petty offence law.
Anyone got any advice on this matter, going through or been through this.
So pissed with this crap xxx
If you have the time...and I would do it anyway...is try to get this off your record! You kind of suggest that it is on your record, but that the officer wrote you a statement saying it wasn't an actual arrest? If it wasn't an arrest, I don't know how it's on your criminal record. You were convicted or your plead guilty.
If you're the beneficiary, then you need to bring a copy of the actual police report of the circumstances of the offence, along with your police certificate to the interview. I don't know if this will complicate matters on your visa journey or not though.
Another suggestion would be to contact your embassy and ask them what is requested at the interview, and how this will impact.
Wishing you luck!
I don't believe it should be an issue since you were under 18 and there was only one, and that is assuming it counts as a conviction (I'm not that familiar with what a caution is in UK terms). Here is the part of the law that would seem to apply:
9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
You can read more here http://foia.state.gov/masterdocs/09fam/0940021aN.pdf
9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
You can read more here http://foia.state.gov/masterdocs/09fam/0940021aN.pdf
QUOTE(blueblue @ Mar 19 2008, 06:27 PM)
I don't believe it should be an issue since you were under 18 and there was only one, and that is assuming it counts as a conviction (I'm not that familiar with what a caution is in UK terms). Here is the part of the law that would seem to apply:
9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
You can read more here http://foia.state.gov/masterdocs/09fam/0940021aN.pdf
9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18
(TL:VISA-46; 08-26-1991)
Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year. N A crime of violence is defined in 18 U.S.C 16 as:
(1) An offense that has as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(2) Any offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
You can read more here http://foia.state.gov/masterdocs/09fam/0940021aN.pdf
Thank you for taking time with the advise. I just hope the laws stated are up to date. Its such a headache. I was told to get a lawyer, but its so expensive. Have a great day x
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