K-1/VWP/ESTA/I-606 Waiver (London)

[Amyyduck 20]

So I'm in the process of filing for a K-1 for my English Fiance. I've been reading around on different threads regarding police certificates, subject access reports, CIMTs, waivers, charges of misrep, etc etc.. and I'm becoming increasingly concerned.

My fiance has been arrested twice, both times under the age of 18. The first time was for (I think) some sort of fighting, he was taken into the police station but they didn't take his picture or fingerprints or anything and they just let him go. No charges, convictions, warnings or anything. I don't even know that this would have been put on his record. The second time he was arrested for petty theft. He was with a group of friends, two of which were caught attempting to steal something or other. They were all arrested and I don't know what happened to the others but my Fiance had his picture and fingerprints taken, and was given a caution. He was made to sign a form stating that he consented to accept the caution which I guess is a technical admission of guilt. This arrest is almost certainly on his record.

We've sent off for both his police certificate as well as his subject access reports from ACPO so we're waiting to see what they come back with. The problem is that I guess even petty theft is classified as a CIMT and he's traveled to the US multiple times since then on the VWP. He always unknowingly checked "no" to the question about being arrested/convicted of a CIMT. He has also recently traveled to the US under the ESTA program.

He was never convicted of anything, no charges were made, no punishments were given out, no fines, jail time, or probation. Nothing. This all happened when he was a minor (5 or more years ago) and it's never gotten in the way of him getting a job or anything. On the UK system, it's even been stepped down off his record by now. Neither of us even gave it a second thought.

Now I"m seriously having panic attacks that we're going to get charged with mis-rep because of that stupid, ambiguous CIMT question. I've read some of the waiver threads and I know that I don't really have any grounds to file for a hardship waiver. Does anyone have any advice? Or even just a few reassuring words.. I'd really appreciate it.

[Used to be broken 143]

So I'm in the process of filing for a K-1 for my English Fiance. I've been reading around on different threads regarding police certificates, subject access reports, CIMTs, waivers, charges of misrep, etc etc.. and I'm becoming increasingly concerned.

My fiance has been arrested twice, both times under the age of 18. The first time was for (I think) some sort of fighting, he was taken into the police station but they didn't take his picture or fingerprints or anything and they just let him go. No charges, convictions, warnings or anything. I don't even know that this would have been put on his record. The second time he was arrested for petty theft. He was with a group of friends, two of which were caught attempting to steal something or other. They were all arrested and I don't know what happened to the others but my Fiance had his picture and fingerprints taken, and was given a caution. He was made to sign a form stating that he consented to accept the caution which I guess is a technical admission of guilt. This arrest is almost certainly on his record.

We've sent off for both his police certificate as well as his subject access reports from ACPO so we're waiting to see what they come back with. The problem is that I guess even petty theft is classified as a CIMT and he's traveled to the US multiple times since then on the VWP. He always unknowingly checked "no" to the question about being arrested/convicted of a CIMT. He has also recently traveled to the US under the ESTA program.

He was never convicted of anything, no charges were made, no punishments were given out, no fines, jail time, or probation. Nothing. This all happened when he was a minor (5 or more years ago) and it's never gotten in the way of him getting a job or anything. On the UK system, it's even been stepped down off his record by now. Neither of us even gave it a second thought.

Now I"m seriously having panic attacks that we're going to get charged with mis-rep because of that stupid, ambiguous CIMT question. I've read some of the waiver threads and I know that I don't really have any grounds to file for a hardship waiver. Does anyone have any advice? Or even just a few reassuring words.. I'd really appreciate it.

Better to get an attorney for this one. I know a family that has gone through hell over juvenile issue that never had jail time but the checking the box on the VISA waiver on previous visits was the trigger to the bars. They have been separated over 3 years and still are in fact. The UK embassy is particular sticky on this one.

Don't try to guess or hope they won't find out, get a lawyer who has dealt with this issue and try to head it off at the pass rather than end up with a bar.

[Amyyduck 20]

Is that really all that I can do at this point? Talk to a lawyer? Is there even any reason to wait and see what the police report/subject access records say? Is there any point in continuing on with the K-1 process at all or are we just wasting our time??

Other than what can be found from a google/yelp search, does anyone know any good reputable immigration lawyers in the Boston area?

I can't believe that a simple, underage, petty theft charge could really do this. It's going to devastate my entire life. I'm heartbroken.

[Used to be broken 143]

Is that really all that I can do at this point? Talk to a lawyer? Is there even any reason to wait and see what the police report/subject access records say? Is there any point in continuing on with the K-1 process at all or are we just wasting our time??

Other than what can be found from a google/yelp search, does anyone know any good reputable immigration lawyers in the Boston area?

I can't believe that a simple, underage, petty theft charge could really do this. It's going to devastate my entire life. I'm heartbroken.

I would look for attorney in UK, try Steven Heller, he is in Brighton England and used to be an adjudicator in the US consulate you are going through and will have insight into the whole process. Get police certificates from there on the beneficiary and pay for his consult. I cannot think of anyone better than him for this situation.

I don't know if it can be overcome but I do as I mentioned know someone who is in living hell over almost same fact pattern.