need help from uk folks

[kevin_joe_13 0]

guys i really need your help ie who are aware of UK law or who been through this situation.
my wife just filed I-130 for me and i have some concern because of my police record.well i had police caution from west midlands police in 2009 reason false representation for trying to cash fake travellers cheques which i been given when i was in europe i never realised that its a fake but when i went to AMEX for cashing they asked for my id i gave them my passport and after 10 minutes police arrived and took me to police station,i explained them every thing but they kept me there few hours and after that released me with a caution.
just to clear that this is the only police caution in my whole life nouthing else is on my police recrod,now my question is that will i be denied my visa beacuse it comes under CRIME INVOLVING MORAL TURPITUDE(CIMT).

please help me with this..thanks in advance vj fellows

[Hypnos 6,578]

What is the exact offence you were accused of?

[NikLR 13,232]

***Moved to UK forum from IR1/CR1 process and procedures***

[kevin_joe_13 0]

What is the exact offence you were accused of?

Hypnos..Thanks for the reply.on acpo police certificate it says"making false representation to obtain benefit for self or other or put others on risk"

there statement is making me scared.please say something if you have any information or knowledge.

[Hypnos 6,578]

False representation is usually considered a crime involving moral turpitude, for which you would need a waiver.

You should consult with an experienced immigration attorney.

[kevin_joe_13 0]

False representation is usually considered a crime involving moral turpitude, for which you would need a waiver.

You should consult with an experienced immigration attorney.

thanks for your reply.yes i will.

[Nich-Nick 3,354]

I agree.

[mindthegap 2,610]

False representation is usually considered a crime involving moral turpitude, for which you would need a waiver.

Not necessarily..

It depends what the maximum possible summary sentence is for the offence. If it is 12 months or less (and is your only offence) then no waiver will be needed- even if it is an offence involving moral turpitude. Accepting A UK caution requires an admittance of the offence, so a caution is treated the same as a conviction for US immigration purposes.

I believe the exact offence in this case would be 'fraud by false representation' and the fraud act of 2006 which covers this offence carries a max sentence of 12months upon summary conviction (higher maximums upon indictment are not relevant).

The fraud act is here: http://www.legislation.gov.uk/ukpga/2006/35/contents/enacted - sentencing maximums are in section 1

& INA 212 is here:http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html - the relevant section covering criminal stuff and exceptions is (2)

You should be fine and not require a waiver. I certainly didn't for my caution, which was also for a single offence carrying a maximum sentence of 12 months.

In addiction to your police certificate, you will also need to order a subject access report which will give more detail than the regular police certificate - the fee is £10 and the links are here: http://www.acro.police.uk/subject_access.aspx

Edited August 7, 2013 by mindthegap

[Hypnos 6,578]

True, the petty offence exception might be of use to the OP.

To qualify, they must only have one CIMT, for which the maximum possible sentence was no more than 12 months imprisonment, and you yourself were imprisoned for no longer than six months for the offence.

Good thinking.

[kevin_joe_13 0]

Thank you so much all guys.you all are very help full.hope i will be ok.

[kevin_joe_13 0]

Not necessarily..

It depends what the maximum possible summary sentence is for the offence. If it is 12 months or less (and is your only offence) then no waiver will be needed- even if it is an offence involving moral turpitude. Accepting A UK caution requires an admittance of the offence, so a caution is treated the same as a conviction for US immigration purposes.

I believe the exact offence in this case would be 'fraud by false representation' and the fraud act of 2006 which covers this offence carries a max sentence of 12months upon summary conviction (higher maximums upon indictment are not relevant).

The fraud act is here: http://www.legislation.gov.uk/ukpga/2006/35/contents/enacted - sentencing maximums are in section 1

& INA 212 is here:http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html - the relevant section covering criminal stuff and exceptions is (2)

You should be fine and not require a waiver. I certainly didn't for my caution, which was also for a single offence carrying a maximum sentence of 12 months.

In addiction to your police certificate, you will also need to order a subject access report which will give more detail than the regular police certificate - the fee is £10 and the links are here: http://www.acro.police.uk/subject_access.aspx

mindthegap....Thank you so much for your help and detailed information mate.just to clear that i just had that only caution in my whole life apart from that my police record is clear,just the only caution for false representation.

[kevin_joe_13 0]

True, the petty offence exception might be of use to the OP.

To qualify, they must only have one CIMT, for which the maximum possible sentence was no more than 12 months imprisonment, and you yourself were imprisoned for no longer than six months for the offence.

Good thinking.

Hypnos..Thank you so much for your help,just to clear that i only have caution and i never been to prison or court.