uk vj member please help me regarding

[ahmed2012 0]

hello all uk vj members i got caution from uk police in 2009 reason is i used to work for a online company based on gumtree offered me to cash there traveler's cheque on percentage i was jobless i never knew that they are fake so when i went to american express in city center give them to the person on the counter he asked me for a wait after few miniutes police arrived they took me police station and kept there for few hours,i told them whole the story and they gave me the caution.now iam worried about that on my ACPO police certificate it says in the column of offense MAKE FALSE REPRESENTATION TO MAKE GAIN FOR SELF OR ANOTHER,,.i m much worried about that as i checked on the google it comes in the category of fraud,i had my interviw in sep 2012 and still in AP please give your opinion that i will be able to get visa or not because it comes in the category of CIMT,but on the other side i only got caution never been to court or convicted,,,your opinions will be greatly appreciated....

[Inky 1,111]

Moved from 221G waivers to UK regional section as they are looking for advice from UK about ACPO police certificates.

[mindthegap 2,590]

Fraud act 2006- fraud by false representation:

http://www.legislation.gov.uk/ukpga/2006/35/section/1

http://www.ipo.gov.uk/ipenforce/ipenforce-resources/ipenforce-offenceguide/ipenforce-offenceguide-fraud.htm

and

http://en.wikipedia.org/wiki/Fraud_Act_2006

Maximum summary sentence is 12 months, so even though it is indeed classed as a crime involving moral turpitude, you would not be inadmissable under INA 212 , as the max sentence does not exceed one year and it is your only crime- at least I assume it is, as you didn't mention any others?.

It really doesn't matter that it is a caution and you don't actually have a charge & conviction and sentence - a caution is an admittance of the offence and you will have signed the statement stating as such when you were released.

INA act 212:

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

(2) Criminal and related grounds.-

(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-

(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).

Unfortunately administrative processing takes time, so nothing else you can do really except sweat it out and see what they say.

I am not a lawyer- I just have a caution myself from a single arrest well over a decade ago, so I had to do some seriously detailed reading up on it with regards to inadmissibility some years ago- thankfully mine is not classed as moral turpitude and is very minor, so although it was mentioned in my interview this week, it wasn't really an issue.

Edited February 7, 2013 by mindthegap

[ahmed2012 0]

MINDTHEGAP

thanks for your kind response.i had only one caution in my whole life,apart from that i never been to prison nor fined.i had my interview in the end of sep 2012 during the interview CO asked me about this caution i told him all the story at the end of interview he gave me 221g sheet for missing documents and CO said it may take 3 to 6 months.

just want to ask you that that il be ok or im in trouble coz i never been to prison nor fined please help me regarding this matter.....thanks waiting for ur kind response....

[Nich-Nick 3,354]

MINDTHEGAP

thanks for your kind response.i had only one caution in my whole life,apart from that i never been to prison nor fined.i had my interview in the end of sep 2012 during the interview CO asked me about this caution i told him all the story at the end of interview he gave me 221g sheet for missing documents and CO said it may take 3 to 6 months.

just want to ask you that that il be ok or im in trouble coz i never been to prison nor fined please help me regarding this matter.....thanks waiting for ur kind response....

So did you send the missing documents? If not, they may be waiting on you. Did you send a memorandum of conviction or court records detailing the incident. A caution is a plea of guilty that is handled without a full court trial. It is an admission of guilt, not just somebody saying you were naughty and don't do it again.

Your extended wait may not be because of the caution. We're you born in a country other than the Uk? Do you have family ties in the middle east or India or Pakistan? Are you Muslim?

[mindthegap 2,590]

MINDTHEGAP

thanks for your kind response.i had only one caution in my whole life,apart from that i never been to prison nor fined.i had my interview in the end of sep 2012 during the interview CO asked me about this caution i told him all the story at the end of interview he gave me 221g sheet for missing documents and CO said it may take 3 to 6 months.

just want to ask you that that il be ok or im in trouble coz i never been to prison nor fined please help me regarding this matter.....thanks waiting for ur kind response....

What exactly did they ask you to send, and did you send it?

For me, my ACRO police certificate, plus the original signed caution sheet , and a subject access report (if it is a caution there are no court records) from the constabulary concerned were sufficient, and I had them with me on the day of interview so approved there and then with no issue.

Edited February 8, 2013 by mindthegap

[ahmed2012 0]

MINDTHEGAP

yes iam muslim born in pakistan stayed in UK only for 5 years on work permit and now iam back in pakistan in may 2012,they ask me to submit w-2 form from the most recent tax year that were missing,so i sent them in 5 working days after the interview,embassy received those documents and confirmed through email.my wife email embassy and call the DOS weekly but there answer is that they dont need anything from us,ur case is in AP we will contact you when AP will over.i only provided them ACPO police certificate at nvc stage they ask me court and prison record i sent them written statement that i never been to court or prison,than they said ok at interview i xplained the CO regarding caution than during the interview he consulted with other officer than he said its ok he only asked one question nuthing else on caution..

i hope this explaination will help you to give me some advice.normally us embassy in pakistan is common for long AP.plz share ur kind thoghts...thanks

So did you send the missing documents? If not, they may be waiting on you. Did you send a memorandum of conviction or court records detailing the incident. A caution is a plea of guilty that is handled without a full court trial. It is an admission of guilt, not just somebody saying you were naughty and don't do it again.

Your extended wait may not be because of the caution. We're you born in a country other than the Uk? Do you have family ties in the middle east or India or Pakistan? Are you Muslim?

yes iam muslim born in pakistan stayed in UK only for 5 years on work permit and now iam back in pakistan in may 2012,they ask me to submit w-2 form from the most recent tax year that were missing,so i sent them in 5 working days after the interview,embassy received those documents and confirmed through email.my wife email embassy and call the DOS weekly but there answer is that they dont need anything from us,ur case is in AP we will contact you when AP will over.i only provided them ACPO police certificate at nvc stage they ask me court and prison record i sent them written statement that i never been to court or prison,than they said ok at interview i xplained the CO regarding caution than during the interview he consulted with other officer than he said its ok he only asked one question nuthing else on caution..

i hope this explaination will help you to give me some advice.normally us embassy in pakistan is common for long AP.plz share ur kind thoghts...thanks

0

[Nich-Nick 3,354]

London always does AP for those born in Pakistan. Your wait seems to be over the extra security checks involved. If you have a common name, it makes it harder to determine clearance. They will not give information on what they are checking, why, or how much longer, even if you call every week. . I don't understand how you will get your passport to London when they are done with the AP if you have returned to Pakistan. Did you have your case transferred to a consulate in Pakistan. Does London know you are no longer in the UK?

[mindthegap 2,590]

I dont think the delay is anything to do with your indiscretion and subsequent caution.

More to do with them requiring extra security checks due to your place of birth being, and having lived in, pakistan. Unfortunate,but there is nothing you or your wife can do about it except wait.

[ahmed2012 0]

London always does AP for those born in Pakistan. Your wait seems to be over the extra security checks involved. If you have a common name, it makes it harder to determine clearance. They will not give information on what they are checking, why, or how much longer, even if you call every week. . I don't understand how you will get your passport to London when they are done with the AP if you have returned to Pakistan. Did you have your case transferred to a consulate in Pakistan. Does London know you are no longer in the UK?

Thanks for your quick response.just to clear you that i start my process from pakistan and i left UK last year i had my interview in US EMBASSY ISLAMABAD,yes its a common factor that AP in pakistan can goes upto years and i can see alot of vj members in pakistan they are in AP upto 2 years and 3 months and still going on,regarding my passport cause i had my interview here in pakistan so at the end of interview he CO kept my passport aswel.but my name is not common at all in pakistan you can only find few name that are liberal one of them is me,every time same response from embassy and DOS pending AP.online status on ceac.state.gov site changes every week some time twice a week,my only concern is not long AP but iam much worried about that caution that it might make harder for me to get visa,but on the other side i never been to prison,so i dont know wat will be the outcome...

iam really thank full to you and the MINdTHEGAP for helping me regarding this situation.....once again thankx

[ahmed2012 0]

I dont think the delay is anything to do with your indiscretion and subsequent caution.

More to do with them requiring extra security checks due to your place of birth being, and having lived in, pakistan. Unfortunate,but there is nothing you or your wife can do about it except wait.

Thanks for your helpful thoghts.as i know that its really hard to know the time period of AP but the thing that is stressing me alot is not the AP but its a caution,i dont know will i be ok or not cause i never been in prison but this caution comes in the category of CIMT,so that makes me stress that what will be the outcome.I appreciate your ongoing help and useful thoughts...thanks once again...