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Criminal Record and K-1 approval

#1 USAnUK

USAnUK

    Junior Member

  • PipPip


Posted 01 September 2010 - 11:29 PM

Seeking advice:

My fiance has a 2 misdemeanors from 6 years ago. One is a DUI, the other, due to his ex. not paying her credit cards then during the court procedings, exclaimed that she didn't know what a credit card was. He was found guilty, on deception, the credit cards were for 400$, inwhich he had to pay the money. My question is what are the chances of us getting denied in the K-1 fiance approval process?
  • 0

#2 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 01 September 2010 - 11:59 PM

Seeking advice:

My fiance has a 2 misdemeanors from 6 years ago. One is a DUI, the other, due to his ex. not paying her credit cards then during the court procedings, exclaimed that she didn't know what a credit card was. He was found guilty, on deception, the credit cards were for 400$, inwhich he had to pay the money. My question is what are the chances of us getting denied in the K-1 fiance approval process?


The DUI is not generally an inadmissible crime. If they determine he's got an alcohol problem then it might be a health related inadmissibility.

I'm a little confused by the credit card issue. What was the "deception"? Was this a criminal case, or a civil case?
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#3 USAnUK

USAnUK

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Posted 02 September 2010 - 12:10 AM

The DUI is not generally an inadmissible crime. If they determine he's got an alcohol problem then it might be a health related inadmissibility.

I'm a little confused by the credit card issue. What was the "deception"? Was this a criminal case, or a civil case?



Well, it was a long time ago, but it's what he was charged with was i believe "credit card deception", and he believes it was criminal.
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#4 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 02 September 2010 - 08:22 AM

Well, it was a long time ago, but it's what he was charged with was i believe "credit card deception", and he believes it was criminal.


If "deception" is the same thing as "fraud" then it would considered a crime of moral turpitude, and would be an inadmissible crime. Your fiance should get the relevant police and court records for both convictions, and consult with a qualified US immigration attorney. He may be denied at the interview, and you may need to submit a hardship waiver application. It depends on how the US consulate interprets this particular type of conviction. An immigration attorney with experience with this particular consulate should be able to give an educated opinion.

There is another section of the INA, 212(a)(2)(B), that has to do with two or more crimes even if they didn't involve moral turpitude. However, that would only apply if the aggregate sentences were five or more years in prison, which I imagine would not apply here. It sounds like he wasn't sentenced to any prison time.
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

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#5 USAnUK

USAnUK

    Junior Member

  • PipPip


Posted 02 September 2010 - 11:36 AM

If "deception" is the same thing as "fraud" then it would considered a crime of moral turpitude, and would be an inadmissible crime. Your fiance should get the relevant police and court records for both convictions, and consult with a qualified US immigration attorney. He may be denied at the interview, and you may need to submit a hardship waiver application. It depends on how the US consulate interprets this particular type of conviction. An immigration attorney with experience with this particular consulate should be able to give an educated opinion.

There is another section of the INA, 212(a)(2)(B), that has to do with two or more crimes even if they didn't involve moral turpitude. However, that would only apply if the aggregate sentences were five or more years in prison, which I imagine would not apply here. It sounds like he wasn't sentenced to any prison time.


You wouldn't happen to know any other opitions that we would have if he were to be denied.
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#6 JimVaPhuong

JimVaPhuong

    Does this 嫪 d跬 make me look fat?



Posted 02 September 2010 - 12:06 PM

You wouldn't happen to know any other opitions that we would have if he were to be denied.


Yeah. There is an exception if the maximum penalty was 1 year or less in prison, and the actual sentence was less than six months in prison. He'll need to find out what the maximum sentence was for the crime. There is also an exception if the crime was committed before he was 18, and if it's been more than five years since he was convicted. I imagine that probably doesn't apply.

If they deny his visa because of it then there is no option other than a hardship waiver. An inadmissibility based on a crime does not expire, and applies to virtually every type of visa.
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12/15/2009 - K1 Visa Interview - APPROVED!
12/29/2009 - Married in Oakland, CA!
08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!


#7 Nik+Heather

Nik+Heather

    Blanket Stealer



Posted 02 September 2010 - 04:04 PM

Has he entered the US on the VWP in the last 6 years?
  • 0
K-1:
January 28, 2009: NOA1
June 4, 2009: Interview - APPROVED!!!
October 11, 2009: Wedding

AOS:
December 23, 2009: NOA1!
January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.
March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!
March 27, 2010: Green Card recieved

ROC:
March 1, 2012: Mailed ROC package
March 7, 2012: Tracking says "notice left"...after a phone call to post office.



More detailed time line in profile.

#8 USAnUK

USAnUK

    Junior Member

  • PipPip


Posted 02 September 2010 - 05:46 PM

Has he entered the US on the VWP in the last 6 years?



Yes, recently he was here in Feb, for 3 weeks, no issues. why?
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#9 Nik+Heather

Nik+Heather

    Blanket Stealer



Posted 02 September 2010 - 06:26 PM

Yes, recently he was here in Feb, for 3 weeks, no issues. why?


Then when applying for ESTA, he has answered, under the penalty of perjury, "No" to the following question:

Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?


As mentioned above, if the conviction involving his ex could also be called fraud, then misrepresentation on the ESTA form could also be piled on.

http://en.wikipedia....Moral_turpitude

I'm not trying to be scary, but operating under "forewarned is forearmed"...
  • 0
K-1:
January 28, 2009: NOA1
June 4, 2009: Interview - APPROVED!!!
October 11, 2009: Wedding

AOS:
December 23, 2009: NOA1!
January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.
March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!
March 27, 2010: Green Card recieved

ROC:
March 1, 2012: Mailed ROC package
March 7, 2012: Tracking says "notice left"...after a phone call to post office.



More detailed time line in profile.

#10 USAnUK

USAnUK

    Junior Member

  • PipPip


Posted 02 September 2010 - 09:09 PM

Then when applying for ESTA, he has answered, under the penalty of perjury, "No" to the following question:



As mentioned above, if the conviction involving his ex could also be called fraud, then misrepresentation on the ESTA form could also be piled on.

http://en.wikipedia....Moral_turpitude

I'm not trying to be scary, but operating under "forewarned is forearmed"...


At this point i've kinda given up hope. I don't know if he filled out an ESTA. I've never heard of it until now.
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#11 USAnUK

USAnUK

    Junior Member

  • PipPip


Posted 02 September 2010 - 09:30 PM

Then when applying for ESTA, he has answered, under the penalty of perjury, "No" to the following question:



As mentioned above, if the conviction involving his ex could also be called fraud, then misrepresentation on the ESTA form could also be piled on.

http://en.wikipedia....Moral_turpitude

I'm not trying to be scary, but operating under "forewarned is forearmed"...


I just spoke to him and he applied yes to the question. So we are going to see a lawyer when he comes to visit and see what our opition are thanks for the heads up.
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#12 Nik+Heather

Nik+Heather

    Blanket Stealer



Posted 03 September 2010 - 08:48 AM

I just spoke to him and he applied yes to the question. So we are going to see a lawyer when he comes to visit and see what our opition are thanks for the heads up.


Yeah, I think that's a really good idea, because trying to interpret that sort of law probably shouldn't be left to a lay person. And you know what sort of questions to ask and bring up during that discussion.Why don't you do it before he comes over on the VWP again?

Edited by Nik+Heather, 03 September 2010 - 08:49 AM.

  • 0
K-1:
January 28, 2009: NOA1
June 4, 2009: Interview - APPROVED!!!
October 11, 2009: Wedding

AOS:
December 23, 2009: NOA1!
January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.
March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!
March 27, 2010: Green Card recieved

ROC:
March 1, 2012: Mailed ROC package
March 7, 2012: Tracking says "notice left"...after a phone call to post office.



More detailed time line in profile.



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