Multiple Criminal Convictions..?

[UK_K1 0]

We recently (13th March) filed for a K1 visa (I am the beneficiary, in the UK).

I was looking into the various reasons for visa denials and am now worrying about my 'criminal' record.

I have been arrested twice. Once when I was 17 for being 'drunk and disorderly', for which I got an informal warning (which I believe is not even a caution) due to being under 18 and then a couple of years later for criminal damage (I was arrested and questioned for something I had no knowledge of and nothing came of it and I received a letter of apology from the Police).

More recently, in February 2010, I had to go to court (magistrate's court) and was convicted of (pleaded guilty to) 2 charges related to not disposing of household waste correctly (I had some bags of trash in my back garden). As this was a council issue, rather than a police issue and as there was no arrest, I hadn't even considered that this may impact my visa application until last night, when I started thinking about it and realised that it most likely is a criminal conviction (I am going to apply for my police record and subject access to confirm this).

I was fined for both charges but neither charge carries any potential jail sentence.

Looking at the rules/law regarding multiple offences, it would seem that one would only be inadmissable if the crimes are involving moral turpitude OR the total maximum jail time one could have been given for all of them is over 5 years.

Am I right in saying that, by the letter of the rules, the drunk and disorderly is not a CIMT, the arrest for criminal damage doesn't count as I wasn't convicted and that, as the 2 'litter' convictions aren't CIMTs and do not have any potential jail term associated with them, I SHOULD be admissable on a K1 visa without needing a waiver?

I understand that this is entirely in the hands of the consular officer on the day, but I'm going out of my mind worrying about this now.

Thanks for any advice in advance

Edited April 21, 2012 by UK_K1

[Penguin_ie 5,984]

You should be fine. I think there is a place on the form where you need to mention if arrested, so you will have to list the items above- even the one where you got an apology- but they are not felonies, nor CIMTs, so your K1 won't be affected.

[UK_K1 0]

You should be fine. I think there is a place on the form where you need to mention if arrested, so you will have to list the items above- even the one where you got an apology- but they are not felonies, nor CIMTs, so your K1 won't be affected.

Thanks.

My main concern is this..

9 FAM 40.22 N1 APPLYING INA 212(a)(2)(B)

(CT:VISA-838; 09-19-2006)

Any alien convicted of two or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were five years or more is inadmissible.

My understanding of that is that as none of them are CIMTs and as the 2 convictions carried no potential "sentence to confinement", I should be OK.. however I'm concerned that a consular officer may see it differently and require a waiver.

Also, even if I am ok, I'm concerned that they will need to carry out additional processing after the interview to determine for themselves what possible jail sentences the 'crimes' may have carried.

Edited April 21, 2012 by UK_K1

[Penguin_ie 5,984]

But you said you only have 2 convictions- for littering- and surely they don't carry an agregate sentence of over 5 years?

[UK_K1 0]

But you said you only have 2 convictions- for littering- and surely they don't carry an agregate sentence of over 5 years?

The maximum penalty for the 2 convictions was £6000, I was fined £1500 which I paid.

Will the consular officer take the time to look over it all thoroughly and check the aggregate sentences or will he just deny and suggest a waiver.. that's my worry.

[Penguin_ie 5,984]

No waiver will be needed. I think you are mis-interpreting what you quoted- read only the bolded parts and you will see that you will have no problems getting the visa, as your convictions are for less than 5 years- in fact a fine only:

9 FAM 40.22 N1 APPLYING INA 212(a)(2)(B)

(CT:VISA-838; 09-19-2006)

Any alien convicted of two or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement were five years or more is inadmissible.

Edited April 21, 2012 by Penguin_ie

[Nich-Nick 3,353]

The maximum penalty for the 2 convictions was £6000, I was fined £1500 which I paid.

Will the consular officer take the time to look over it all thoroughly and check the aggregate sentences or will he just deny and suggest a waiver.. that's my worry.

I don't think you will be denied or need a waiver. I've known CMITs approved without waiver in London. Be prepared to discuss it and show documentation of the record/fine. The additional processing isn't to review police records. It's generally for people not born in the UK especially India and Pakistan. Or Muslims with ties to other countries. That is about US security and terrorism.

I suggest you get all the documentation you can from the courts while you're in the UK and hang on to it. When/if you apply for US citizenship, it will come up again. Darren (Brit) who started K1 same day as us, became a US citizen yesterday. He had to get some additional records from the UK concerning an arrest when he was 12 years old to provide with his application.

Edited April 21, 2012 by Nich-Nick

[Peter_Pan 661]

I'm disappointed, I was expecting murder and mayhem, not trash convictions.

[Iyawo Ijebu 157]

I'm disappointed, I was expecting murder and mayhem, not trash convictions.

Seriously. Or some stuff about mayhem at a ManU Vs Chelsea game.

Now I can see that other parts of the world as just as silly with some laws like California. 6k#s for household trash not disposed of properly?

Edited April 21, 2012 by Iyawo Ijebu

[Adriene H 89]

Seriously. Or some stuff about mayhem at a ManU Vs Chelsea game.

Now I can see that other parts of the world as just as silly with some laws like California. 6k#s for household trash not disposed of properly?

'Fly-tipping' is headline news in some parts of the UK

http://www.lancashiretelegraph.co.uk/news/burnley/8450000.Burnley_top_for_fly_tipping_prosecutions/

[Enigma11561 336]

Why am I reminded of the song "Alice's Restaurant ? Op. If you never heard of it, I strongly suggest you download it someplace. I believe the singer was Arlo Guthrie. You will really love it.

[Zen Den 18]

considering the "lightness" of your offenses, you should be fine. just have the originals and copies of the docs showing the details of those cases.

[UK_K1 0]

Thanks to those who offered advice/reassurance.

I'm planning on getting my police record, full subject access record and also the court transcripts/certificates.