Criminal Records

[js229 0]

Hey guys,

Ok so my fiance is from the UK and he is going to get his police certificate and he is worried because when he was a teenager (about 10 years ago it happened) he got caught with a tiny bit of marijuana (being a dumb teen) and he also got a speeding driving offense about the same time. Will this be an issue of him getting his visa? Are these two counted as "criminal records?" I mean, it's not like he raped, or murdered anyone, please help, I'm getting very worried

[Keeto 12]

Was he actually arrested and convicted for the "weed" possession? If not, it won't show up, if yes, it will - as far as I know the best thing to do if "yes" he needs to be honest about it for one, and needs to get the court documents that show what happened after the conviction.

The speed fine does not count. I completed my police check 4 months ago, I had 3 points and £60 for speeding - which I indicated on the police check form - and my police check came back "no trace".

Edited August 10, 2012 by Keeto

[BrockUK 26]

Just remember there is a difference between receiving a caution and being arrested and convicted.

As long as he is honest when it comes to the interview then there is nothing to worry about.

Lying under oath during the interview is the worst offense ever!!

[Nich-Nick 3,354]

I mean, it's not like he raped, or murdered anyone, please help, I'm getting very worried

He did commit a crime that falls under grounds of inadmissability to the US. He should obtain all the details of the case, especially date, amount in grams, fine, or whatever. Here's what the Foreign Affairs Manual says about juveniles and drugs

9 FAM 40.21(b) N2 JUVENILE DRUG CONVICTIONS

9 FAM 40.21(b) N2.1 Aliens Under Age 18

(TL:VISA-129; 11-09-1995)

An alien who is convicted of or who admits to having committed or who admits committing acts which constitute the essential elements of a minor drug offense(s) relating to simple possession or use of controlled substances, i.e., offenses other than those involving trafficking, importing/exporting, or manufacturing (18 U.S.C.), shall not be considered ineligible for any visa based solely upon any such conviction or admission if the acts which are the subject of the conviction or admission occurred while the alien was under the age of eighteen. Specifically excluded from such treatment, however, are convictions or admissions relating to drug trafficking, importing/exporting, and manufacturing

.

A caution in the UK isn't just a "warning" like you might experience in the US. You know when you get pulled over for a headlight out and the officer says he's not going to give you a ticket but go get the light fixed. A caution in the UK is a way to process minor cases without clogging up the courts. a person agreeing to the caution has basically pled guilty to the crime and accepts the fine or whatever without going before a judge. So don't be misled that a UK caution doesn't count, especially where drugs are concerned. Because of his age and being a small amount, and no repeat offense then the officer can approve the visa without a formal waiver, but each case is different so be prepared with case details for the interviewer to review. Then he will know for sure the age, etc rather than taking your finances word for it. He might get the grumpy interviewer who is a stickler for details.

Also keep up with all documentation because this can come back at you all the way to applying for US Citizenship.

Edited August 10, 2012 by Nich-Nick