Need Information Please FAST

[Guest mtrwinder]

I need every possible link and answer available for the following problem - Interview date is in two weeks. Fiance got police record today with theft conviction from 19 years ago. He needs court records we know so we're going to get those. (hopefully wont take long) There are no other convictions on record. Does anyone know if he will be denied based on this conviction? No he didnt hurt anyone..he was just a kid. Total amount stole was close to a thousand pounds. He is absolutely freaking out because he thought this might have dropped off his record LONG ago but obviously hasnt. Please help me find some kind of informatin that will ease his mind. I personally think that its ok. Thanks so much in advance.

[rebeccajo 14]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

[zyggy 9]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

Edited May 11, 2006 by zyggy

[Guest mtrwinder]

I need every possible link and answer available for the following problem - Interview date is in two weeks. Fiance got police record today with theft conviction from 19 years ago. He needs court records we know so we're going to get those. (hopefully wont take long) There are no other convictions on record. Does anyone know if he will be denied based on this conviction? No he didnt hurt anyone..he was just a kid. Total amount stole was close to a thousand pounds. He is absolutely freaking out because he thought this might have dropped off his record LONG ago but obviously hasnt. Please help me find some kind of informatin that will ease his mind. I personally think that its ok. Thanks so much in advance.

#######. ok. So anyone with any kind of conviction will be denied?

[rebeccajo 14]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

Zyggy I hope you are right. But it's showing on his UK police report......I don't know how a waiver could be avoided.....clear this up for me though if I am wrong....

[Guest mtrwinder]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

[rebeccajo 14]

If a I-601 waiver is denied, the VWP can never be used again.

[zyggy 9]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

If I were you, I would find out if it was a juvenile crime, and if so if it was supposed to be expunged from his record when he reached the age of majority... The court documents should be able to tell you that. If it was supposed to be expunged, then you need to take the steps to make that happen..

Nope... He's inadmissible.... Individuals with Crime of Moral Turpitude are ineligible for WVP as they are inadmissible... now that he's been found out, VWP is not available to him... He would need to get a visitor visa and would still need the I-601 to get that.

Edited May 11, 2006 by zyggy

[Guest mtrwinder]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

what if he doesnt go to the interview until he gets this cleared up. Will he be able to use a visa waiver? We're talking 19 years ago. Surely this should have been dropped from his record. I cant believe this is happening.

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

If I were you, I would find out if it was a juvenile crime, and if so if it was supposed to be expunged from his record when he reached the age of majority... The court documents should be able to tell you that. If it was supposed to be expunged, then you need to take the steps to make that happen..

Nope... He's inadmissible.... Individuals with Crime of Moral Turpitude are ineligible for WVP as they are inadmissible... now that he's been found out, VWP is not available to him... He would need to get a visitor visa and would still need the I-601 to get that.

He wasnt a juvenile.

I need every possible link and answer available for the following problem - Interview date is in two weeks. Fiance got police record today with theft conviction from 19 years ago. He needs court records we know so we're going to get those. (hopefully wont take long) There are no other convictions on record. Does anyone know if he will be denied based on this conviction? No he didnt hurt anyone..he was just a kid. Total amount stole was close to a thousand pounds. He is absolutely freaking out because he thought this might have dropped off his record LONG ago but obviously hasnt. Please help me find some kind of informatin that will ease his mind. I personally think that its ok. Thanks so much in advance.

Ok. What a bomb. Can the waiver be filed before going to the interview? What should we do now.

[rebeccajo 14]

mtrwinder, there are members here with crimes on their records older than 19 years...................

[raymaga 25]

How old was he when he committed the crime?

[zyggy 9]

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

what if he doesnt go to the interview until he gets this cleared up. Will he be able to use a visa waiver? We're talking 19 years ago. Surely this should have been dropped from his record. I cant believe this is happening.

You need to read the Waivers forum.

You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.

Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa.

If he's denied will he be able to use a visa waiver to visit?

If I were you, I would find out if it was a juvenile crime, and if so if it was supposed to be expunged from his record when he reached the age of majority... The court documents should be able to tell you that. If it was supposed to be expunged, then you need to take the steps to make that happen..

Nope... He's inadmissible.... Individuals with Crime of Moral Turpitude are ineligible for WVP as they are inadmissible... now that he's been found out, VWP is not available to him... He would need to get a visitor visa and would still need the I-601 to get that.

He wasnt a juvenile.

I need every possible link and answer available for the following problem - Interview date is in two weeks. Fiance got police record today with theft conviction from 19 years ago. He needs court records we know so we're going to get those. (hopefully wont take long) There are no other convictions on record. Does anyone know if he will be denied based on this conviction? No he didnt hurt anyone..he was just a kid. Total amount stole was close to a thousand pounds. He is absolutely freaking out because he thought this might have dropped off his record LONG ago but obviously hasnt. Please help me find some kind of informatin that will ease his mind. I personally think that its ok. Thanks so much in advance.

Ok. What a bomb. Can the waiver be filed before going to the interview? What should we do now.

The I-601 cannot be filed before the interview. You have to go to the interview, give them everything and be rejected. Once they deny the visa, you can file the waiver. Go to the I-601 Forum and get the waiver prepared before you go to the interview.

Generally felony convictions are on your record for life... They aren't expunged..

Edited May 11, 2006 by zyggy

[munchkins 0]

Angie,

I feel the same as Becca here, he will have to file a waiver and as to his offence being dropped because it was 19 years ago, no way. For example my hubby had a few offences for when he was 16/17 - joy riding etc and he is now 52 and they still show on his records, 35 years ago. His last stupid error was when he was getting divorced at the age of 24, so that is still 28 years ago and we have a waiver all prepared just in case.

Our case is very different to yours as we are parents, going to our daughter who is the petitioner, so in light of the length of time since his offences and for what they were, plus he has been a well respected member of the business community for the past 24 years and we have excellent character references for him, we may be lucky but we are taking no chances.

I agree with everyone here you need to go to the waiver section and check it out and start from there, you will get loads of help on here and also check out immigrate2us, that is also a good source for waivers.

Edited May 11, 2006 by munchkins

[zyggy 9]

From the Foreign Affairs Manual (9 FAM 40.21)

To render an alien ineligible under INA 212(a)(2)(A)(i)(I), the conviction must be for a statutory offense, which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the alien was convicted, and not by the acts underlying the conviction. Therefore, evidence relating to the underlying act, including the testimony of the applicant, is not relevant to a determination of whether the conviction involved moral turpitude except when the statute is divisible (see 9 FAM 40.21(a) N5.2) or a political offense (see 9 FAM 40.21(a) N10). The presence of moral turpitude in a statutory offense is determined according to United States law.

Common Crimes Involving Moral Turpitude

Categorized below are some of the more common crimes, which are considered to involve moral turpitude.

b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance: (1) Arson; (2) Blackmail; (3) Burglary; (4) Embezzlement; (5) Extortion; (6) False pretenses; (7) Forgery; (8) Fraud; (9) Larceny (grand or petty); (10) Malicious destruction of property;

(11) Receiving stolen goods (with guilty knowledge); (12) Robbery; (13) Theft (when it involves the intention of permanent taking); and (14) Transporting stolen property (with guilty knowledge).

-AND-

An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(I) is eligible to apply for a waiver of ineligibility under INA 212(h) (see also 9 FAM 40.21(a) PN2) if it is established to the satisfaction of the Secretary of Homeland Security (DHS) that: (1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien’s application for visa; (2) The alien’s admission to the United States would not be contrary to the national welfare, safety, or security, and (3) The alien has been rehabilitated.

Edited May 11, 2006 by zyggy

[julia5k 0]

He may qualify for PETTY OFFENCE EXCEPTION. Read about classes of inadmissible alliens, there is one exception.

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-[/color](I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).