I need advice...I may be screwed

[Hypnos 6,576]

You may qualify for what is known as the petty offence exception, and if so would not require any waiver.

There are three parts you must satisfy to qualify:

(i) This incident was your only CIMT.

(ii) You were sentenced to no more than six months' imprisonment.

(iii) The maximum punishment for your offence (regardless of your own personal sentence) was no more than one year's imprisonment.

From http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/burglery_dwelling/ it would seem that you would qualify if you were sentenced as category 3, and may qualify if you were sentenced as category 2. It may be that a caution would even be under those, meaning you would probably qualify.

Edited September 29, 2014 by Hypnos

[ValerieA 350]

I don't have much to add here, but I recommend that, when you send away for the certified copies of your police records, make sure you get at least 3 copies of each - 4 or 5 preferably. You need them at AOS, ROC, and citizenship - a certified copy has to be sent in with each package and it does not get returned. Good luck!

[milesinfront 2]

Fellow Brit here. I had a caution also, for punching a guy at university. Stupid mistake. I disclosed it in full at every stage in the visa / GC process. Never caused me a problem. I'm now a permanent resident. Be prepared to talk about it at your visa interview, however. It was just a caution, which means you were neither charged nor prosecuted. You can spend hours online trying to find out if this is a "crime of moral turpitude" but there is no hard and fast definition. In my humble opinion, USCIS is looking for much more serious matters, e.g. grand theft auto, aggravated assault, etc. Try not to worry too much. None of this is legal advice.

[chrisclassic 14]

Check out my story granted it's less complicated as you overstayed but my story might help ...... green card in hand working hard in good ol california

[Jon York 156]

I'm just shaking my head... how in the world does anyone forget they were arrested!?

[kzielu 1,147]

That's very easy - happens whenever is convenient for somebody to not be arrested....

[Nick&Diane 32]

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 do wish you all the best and congratulations on the birth of your child.

However I would like to point out that you have done more than one thing which is dishonest and actions like yours do make it harder for the couples who stick to the rules.

You won't get a lot of sympathy from the couples on here who have been separated for the immigration process. My husband and I lived together in the UK for several years before he returned to the US. We have followed the correct process to the letter and have been living in separate countries for over a year now and counting. When I enter on the VWP I am always very nervous of being denied entry because the border officer might think I won't leave.

All the best on your case, I hope your family doesn't face separation.

[Ning 619]

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.

You work in immigration law?

We see on V J that because she is married to an American the overstay isn't a huge problem. People do this all the time and find the overstay is forgiven.

She is also living with him in the USA so he doesn't need to move.

I think she needs to follow what Nich Nick has said before she does anything foolish such as leave the USA.

The crime committed was pretty bad but nothing like drugs ect. The real problem is the lying about it and now how to overcome that lie.

[chrisclassic 14]

I'm just shaking my head... how in the world does anyone forget they were arrested!?

Cause I was never cuffed and never went to jail it was a slap on the wrist it happened 12 years ago I had a traffic cone on my head and got a caution for theft as I found it in a hedge you mouthy git so as the years go by so as the years go by you forget right ...... jealous or something ???

[Jon York 156]

Cause I was never cuffed and never went to jail it was a slap on the wrist it happened 12 years ago I had a traffic cone on my head and got a caution for theft as I found it in a hedge you mouthy git so as the years go by so as the years go by you forget right ...... jealous or something ???

Okay okay... but I was arrested some 30 years ago and thrown into the back of a police car for about 10 minutes for an expired driver's license. And I've never forgotten... even 30 years later. Anytime I hear the question "were you ever arrested?" that always immediately comes to mind.

[JCV 5]

would love to know the outcome?