I need advice...I may be screwed

[butterfly118 0]

Hi there,

this may be a long email, I really need some advice, I'm super scared and non judgemental and honest answers would be appreciated.

I am from the UK. About 6 years ago I was engaged to a guy who seemed wonderful in my home country w were about to build a life together and he cheated on me, leaving me with nothing. I got mad and took revenge on the scumbag stole his precious playstation games and sold them and used the money to try sort my life out. I was arrestd for dwelling burglary and was given a caution by the police.

Skip to 4 years later, I am now engaged to an american. Totally forgot about that other guy and my fiance moved back to USA and i went to visit him with the intent of coming back home. On the vwp form i ticked that I had never been arrested before as well I was not thinking about it, I didn't do it on purpose, I was told I didn't have to disclose cautions to anyone after they were spent so I didn't even think about it.

I ended up not wanting to go home and now we are married and are about to file for adjustment of status. I have overstayed my vwp by over a year now and I'm so happy and we have a newborn baby . It took us a while to get the money togethr for the AOS I know this wasn't the most responsible thing to do, but I couldn't bare to be parted from my husband and baby I have spent the last two days freaking out big time about my past caution.

How can I get round this? I don't want to be deported and I'm freaking myself so much its unhealthy. Any advice would be great. Will the USCIS understand? I really didn't mean to lie on the vwp application I seriously wasn't thinking.

Thanks for taking the time to read my story.

[a+j 77]

I think a consultation with a good immigration lawyer is in order. Good luck.

Edited September 29, 2014 by a+j

[kzielu 1,147]

The question was "Were you arrested... ?" and it's a simple yes/no question, there's no "I didn't have to disclose...". If you were ever arrested, answer to this is always yes, regardless of whether the record is expunged or something else happened to it.

You will have to answer same question during AOS on I-485, and your previous answer may be treated as material misrepresentation which typically carries lifetime ban. Second answer above, find a lawyer.

[NancyNguyen 1,657]

I believe ESTA form only checks if a name is on blacklisted and it doesn't check your background. Chances are USCIS will find out your arrest record. I don't know much about caution but an arrest needs to be listed on USCIS. I would recommend you to consult an experienced lawyer, your case is not safe for DIY. Good luck.

[Boiler 43,438]

Esta asks about CIMT's.

This may be one.

There is an in country I601 which may be needed.

There is a fair amount of paper work you need to obtain which will include your criminal history. Then you need a Lawyer who handles waivers. Well at least initially a consultation with one.

[Nich-Nick 3,353]

A UK caution is an admission of guilt where they settle the case without taking up court time and space. To the US, a caution counts. You will need a Subject Access Report from ACPO in addition to a police certificate. USCIS will want a written record of the charge and results. Spent convictions usually come out "no live trace" on the regular police certificate. That means there is a record somewhere, but it it isn't being disclosed on the police certificate. The SAR usually will provide the details.

I know there have been others who fretted over using VWP with a caution, not aware that cautions count. The subject of VWP misrepresentation never came up at the interview. It is almost like they focus on the subject they deal with..visa, AOS...and meeting the requirements. They didn't bother getting into CBP territory and revisiting an entry that was or was not misrepresented. Entry and WVP was not their area to investigate. So maybe that one thing is not as big of a worry as you think. There's always the worry that if AOS is denied, you gave up your right to appeal a denial by using VWP. Those that enter on a proper visa can appeal. That is always an issue for anybody adjusting from VWP. Overstays with AOS based on marriage to a USC are often forgiven. A lot of it will depend on how your crime is viewed and if it is viewed as one that makes you inadmissable. People who had crimes and cautions have been admitted. Anyway, you have a chance so don't throw in the towel yet.

Do fill in any paperwork for AOS answering yes to convictions and do get the documentation on paper from the UK. Hang on to the originals because it comes up with citizenship application also.

[butterfly118 0]

Hi Nich Nick, you mentioned there were others in similar situations. Do you know were I can find threads from those who were in that situation. Thankyou so much for your reply it has made me feel a bit better. I'm a good and usually very honest person who did something stupid in a moment of being pushed to the limit. I just hope it doesn't affect the rest of my life.

[Nich-Nick 3,353]

Hi Nich Nick, you mentioned there were others in similar situations. Do you know were I can find threads from those who were in that situation. Thankyou so much for your reply it has made me feel a bit better. I'm a good and usually very honest person who did something stupid in a moment of being pushed to the limit. I just hope it doesn't affect the rest of my life.

I don't have bookmarks. I have read VJ daily (especially UK FORUM) for over six years so you run across a lot. I recall many discussions where people went to the US on VWP then got into a panic over their UK caution and their interview. And people always say "they will get you for misrepresentation". But their actual VWP use was never discussed....only the benefit they are applying for.

So I am not saying it won't happen, but I have never actually read of a person worried about answering wrong on ESTA having that bite them at an interview. You have issues on several levels, but keep the hope up and calm down enough to get logical about doing a good application. What happens in one case doesn't translate to a different case, different issues, different interviewer. And people often leave out something when they tell their story on a forum so you may not know the true facts. Whatever you read is only speculation. The proof is at the interview. Don't walk in and say "I lied on ESTA". Wait for them to ask the questions and lead the interview without offering all your sins before they ask.

Meanwhile document your relationship showing you live at same address, have a joint bank account, both on lease, baby birth certificate or anything like that you can. Being here with no status probably limits things you can have on paper but come up with what you can. Get good legal consultation and don't believe random people on a forum. But continue to research so you know your legal advice is thorough.

[butterfly118 0]

Thank you so much. This has calmed me a lot. Talking to a lawyer Thursday hopefully we can figure this out. Thanks again for your advice!!

[Phaedria 1]

I work in Law, with that being said you should have disclosed that information and gotten the information above as the other member recommended. What they are looking for is a human trafficking, drugs, assault of any kind (federal crimes). What concerns me is that you over stayed, LIED on you application, I am sorry to say but you have a great chance of being deported. All of this could have been prevented if you followed the rules! Have you considered that he move to where you are? I would love to paint a great happy picture, but I really would consult with a immigration lawyer..and prepare to go home. Try to go home without getting Banned would be a good thing, but make dam sure it will be hard for you to get across the border. Many couples are denied for less offenses and I am sorry to say but with people like you breaking the rules; makes it harder for us honest people to get approved. I do wish you the best of luck.

[Phaedria 1]

What is silly about the whole thing it was just a caution by the police (shakes my head) its the over stay is more offensive....BE HONEST!

[Sandra G. 5,016]

You can correct ANYTHING you filed in your I-485 before the interview,or in any other form, even when attending interview is accepted to correct any mistake and/or omission,but it's advised to disclose BEFORE the interview. Get a CERTIFIED COURT DISPOSITION regarding your arrest and submit along with an explanation about the omission when you filed form I485.You will be fine,but this is serious omission that needs to get corrected immediately.

Edited September 29, 2014 by sandranj

[Boiler 43,438]

Anything can be made into a problem.

The overstay is the least of the issues.

VWP entry and not being able to appeal might be an issue, but probably not.

ESTA is not likely to be an issue as either it is a CIMT which means you need a waiver or it is not and is therefore not an issue to start with.

If it is a CIMT then they might add the Misrep to the Criminal case, but it is still the I 601. Might need to work on the hardships a bit more but that would be about it.

[Boiler 43,438]

You can correct ANYTHING you filed in your I-485 before the interview,or in any other form, even when attending interview is accepted to correct any mistake and/or omission,but it's advised to disclose BEFORE the interview. Get a CERTIFIED COURT DISPOSITION regarding your arrest and submit along with an explanation about the omission when you filed form I485.You will be fine,but this is serious omission that needs to get corrected immediately.

The way I read it they have yet to file, the initial issue is with the VWP entry. Not the first time someone has an iffy VWP which bites them when they go for immigrant status.

[Sandra G. 5,016]

Thanks Boiler my bad,just noticed now that she did not file yet.

I am working, read fast and I just noticed now that you did not submit your AOS yet. Well you might need a waiver to overcome inadmissibility.Time to see a Lawyer.