Jump to content
Sign in to follow this  
UK_K1

Multiple Criminal Convictions..?

13 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

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 by UK_K1

13th March 2012 - Petition Sent

15th March 2012 - NOA1 sent

20th March 2012 - NOA1 received

28th June 2012 - "Touched"

2nd October 2012 - NOA2

11th October 2012 - Received by NVC, Case # issued.

12th October 2012 - NVC sent case to London Embassy

15th October 2012 - Case received by London Embassy

7th November 2012 - Medical Exam

10th November 2012 - Packet 3 Sent

14th November 2012 - Packet 3 received by London Embassy

14th December 2012 - Interview Date Received

18th December 2012 - Interview - Approved pending updated Police Certificate

9th January 2013 - Updated Police Certificate & Passport sent to Embassy

16th January 2013 - Visa approved

21st January 2013 - Scheduled delivery of Passport & Visa

22nd January 2013 - Flying from LHR to DFW!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

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.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

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 by UK_K1

13th March 2012 - Petition Sent

15th March 2012 - NOA1 sent

20th March 2012 - NOA1 received

28th June 2012 - "Touched"

2nd October 2012 - NOA2

11th October 2012 - Received by NVC, Case # issued.

12th October 2012 - NVC sent case to London Embassy

15th October 2012 - Case received by London Embassy

7th November 2012 - Medical Exam

10th November 2012 - Packet 3 Sent

14th November 2012 - Packet 3 received by London Embassy

14th December 2012 - Interview Date Received

18th December 2012 - Interview - Approved pending updated Police Certificate

9th January 2013 - Updated Police Certificate & Passport sent to Embassy

16th January 2013 - Visa approved

21st January 2013 - Scheduled delivery of Passport & Visa

22nd January 2013 - Flying from LHR to DFW!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

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


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

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.


13th March 2012 - Petition Sent

15th March 2012 - NOA1 sent

20th March 2012 - NOA1 received

28th June 2012 - "Touched"

2nd October 2012 - NOA2

11th October 2012 - Received by NVC, Case # issued.

12th October 2012 - NVC sent case to London Embassy

15th October 2012 - Case received by London Embassy

7th November 2012 - Medical Exam

10th November 2012 - Packet 3 Sent

14th November 2012 - Packet 3 received by London Embassy

14th December 2012 - Interview Date Received

18th December 2012 - Interview - Approved pending updated Police Certificate

9th January 2013 - Updated Police Certificate & Passport sent to Embassy

16th January 2013 - Visa approved

21st January 2013 - Scheduled delivery of Passport & Visa

22nd January 2013 - Flying from LHR to DFW!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

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 by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites

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 by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Romania
Timeline

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



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

Share this post


Link to post
Share on other sites
Filed: Timeline

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 by Iyawo Ijebu

Share this post


Link to post
Share on other sites
Filed: K-3 Visa Country: United Kingdom
Timeline

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 :D

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


I-130

2011-08-20 Posted

2011-08-31 NOA1

2011-09-03 Touch

2011-11-18 Sent Expedite Request to USCIS

2011-12-09 Response Received for Exepedite Request

"Wait your turn" in a nutshell

2011-12-02 Sent Expedite Request to US Representative Ed Royce

2012-01-27 Sent Expedite Request to Immigration Ombudsman

2012-02-02 Sent Expedite Request to Senator Barbara Boxer

2012-02-02 Sent Expedite Request to Senator Dianne Feinstein

2012-03-08 Case transferred to field office for additional processing

2012-03-23 Now being processed at a USCIS office

2012-05-10 Transferred to another office for processing

2012-05-14 Now being processed at a USCIS office

2012-06-05 Approved NOA2

2012-07-17 NVC Case/Invoice # Received

Petitioner: US Born Citizen (Wife)

Beneficiary: British Born Citizen (Husband)

Your I-130 was approved in 279 days from your NOA1 date

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Belarus
Timeline

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.

Share this post


Link to post
Share on other sites

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.


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

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.


13th March 2012 - Petition Sent

15th March 2012 - NOA1 sent

20th March 2012 - NOA1 received

28th June 2012 - "Touched"

2nd October 2012 - NOA2

11th October 2012 - Received by NVC, Case # issued.

12th October 2012 - NVC sent case to London Embassy

15th October 2012 - Case received by London Embassy

7th November 2012 - Medical Exam

10th November 2012 - Packet 3 Sent

14th November 2012 - Packet 3 received by London Embassy

14th December 2012 - Interview Date Received

18th December 2012 - Interview - Approved pending updated Police Certificate

9th January 2013 - Updated Police Certificate & Passport sent to Embassy

16th January 2013 - Visa approved

21st January 2013 - Scheduled delivery of Passport & Visa

22nd January 2013 - Flying from LHR to DFW!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...