UK Beneficiary criminal record

[EnglishLove 112]

Just now, jakejon said:

Hey! I know I posted last time on your thread! 

 

As I'm from the UK, I don't know anyone that has a caution personally; perfectly aware though what a caution is. Cautions can almost constitute 'bad character' from an outsider's perspective regardless of age.  Some say if it's in adolescent years it's need frowned upon as much. Cautions are low level offences and one that an individual has to admit to. As you say, it's not technically classed as a 'conviction' per say. From googling, your UK beneficiary may find some helpful info from NACRO. As stringent as London are with ACRO's, I would definitely retain a good lawyer / go down spousal route. That said, I know you've already filed a K1. 

 

I don't think your journey will be easy as others but you have options and great advice as always from people from on VJ. 

 

 

Hello! Yes, you've helped me before! I've been googling all day. I find some sites that I think we will be just fine, and others not so much. This is really the only thing that will hold us back and it's killing me. I just read one website saying that if they have multiple cautions as long as the crimes were petty and not CMIT, they shouldn't matter much. But then a different website says different. It's very confusing and can't find a solid answer. 

[Wuozopo 4,285]

3 minutes ago, Pooley said:

Hello! Yes, you've helped me before! I've been googling all day. I find some sites that I think we will be just fine, and others not so much. This is really the only thing that will hold us back and it's killing me. I just read one website saying that if they have multiple cautions as long as the crimes were petty and not CMIT, they shouldn't matter much. But then a different website says different. It's very confusing and can't find a solid answer. 

 

I have been on U.K. Forum for 11 years and have read just about every single thread and issue...thousands of them. Over and over there are these panic threads about criminal issues and cautions. Many from other countries chime in that your goose is cooked. Most did not go through London. However those freaking out, guessing the outcome, and searching the law, come back after the interview and say they got approved.  Just get on with it and see what happens. A regular immigration attorney can't change the facts or answer the questions at an interview.  A UK attorney can't get cautions removed. You need to order a Subject Access Report form ACRO. Those generally reveal more detail. 

 

Just do it and quit going crazy with speculations you can't influence or an attorney can't influence. 

[EnglishLove 112]

1 minute ago, Wuozopo said:

 

I have been on U.K. Forum for 11 years and have read just about every single thread and issue...thousands of them. Over and over there are these panic threads about criminal issues and cautions. Many from other countries chime in that your goose is cooked. Most did not go through London. However those freaking out, guessing the outcome, and searching the law, come back after the interview and say they got approved.  Just get on with it and see what happens. A regular immigration attorney can't change the facts or answer the questions at an interview.  A UK attorney can't get cautions removed. You need to order a Subject Access Report form ACRO. Those generally reveal more detail. 

 

Just do it and quit going crazy with speculations you can't influence or an attorney can't influence. 

Yes. I've been going through threads myself trying to find better or more accurate answers. I was more or less trying to get some helpful advise from others that have had a similar situations and their outcome. I have no choice but to go on with it and see what happens but it's a lot easier said than done than to quit going crazy about it lol.

[Boiler 43,432]

I am unclear as to how he was able to qualify for the VWP with his past.

 

There is no discernable difference between a K1 and a Cr1 if a waiver is needed.

 

I do not know for certain if a waiver will be needed and not sure how anyone else can be, there is certainly enough doubt. You can get opinions but when it is like this, that is all they are, much easier to comment on clear cut cases.

 

So you will only find out for certain at the interview, the CO will need to consider the facts, not going to be interested in look how good he is now, kind to animals etc.

 

If it is a close call they will kick it upstairs.

 

The question then arises if there are any legal precedents that help them not being called a CIMT. A lawyer familiar with the UK system may be of help. I would have thought a US based Lawyer would need to consult with a UK one.

 

 

[EnglishLove 112]

1 minute ago, Boiler said:

I am unclear as to how he was able to qualify for the VWP with his past.

 

There is no discernable difference between a K1 and a Cr1 if a waiver is needed.

 

I do not know for certain if a waiver will be needed and not sure how anyone else can be, there is certainly enough doubt. You can get opinions but when it is like this, that is all they are, much easier to comment on clear cut cases.

 

So you will only find out for certain at the interview, the CO will need to consider the facts, not going to be interested in look how good he is now, kind to animals etc.

 

If it is a close call they will kick it upstairs.

 

The question then arises if there are any legal precedents that help them not being called a CIMT. A lawyer familiar with the UK system may be of help. I would have thought a US based Lawyer would need to consult with a UK one.

 

 

Yes, I'm beginning to think consulting with a UK attorney might help us more. As far as coming over, they ordered a background check for his passport and there was no issues so I have no idea. He only has one charge when he was a juvenile 10 years ago and I'm not sure if that charge is considered a CMIT crime which was having a knife. Only two cautions as an adult and the only one that could be considered CMIT is the stolen motorbike that he bought. But like he said, the cops only cautioned him for being in possession of it since he had no idea that it was reported stolen. From every website I've been reading it says "CMIT crimes generally this requires intent to cause great bodily harm, defraud, or permanently deprive an owner of property, or in some cases to act with lewd intent or recklessness." So I think it best to consult with attorney to see what they classify this cautions as.

[Boiler 43,432]

What is a background check of his passport? What happened, at what stage did it happen.

[EnglishLove 112]

Just now, Boiler said:

What is a background check of his passport? What happened, at what stage did it happen.

I just know they asked for that for his passport and also called him. There has been zero issues with it and he received his ESTA quick.

[Boiler 43,432]

ESTA is normally approved very quickly.

 

Who asked for his passport, when did they ask for it, did he send it somewhere?

[EnglishLove 112]

5 minutes ago, Boiler said:

ESTA is normally approved very quickly.

 

Who asked for his passport, when did they ask for it, did he send it somewhere?

We did everything online. He was ordered to have a background check and then we had to wait 2/3 days for a reply after that which we got a notification saying he was approved. 

[Boiler 43,432]

Not sure what to say, I do not recognise that process.

[Lemonslice 4,553]

26 minutes ago, Pooley said:

We did everything online. He was ordered to have a background check and then we had to wait 2/3 days for a reply after that which we got a notification saying he was approved. 

Approved to get a passport? Or ESTA? 

 

39 minutes ago, Pooley said:

I just know they asked for that for his passport and also called him. There has been zero issues with it and he received his ESTA quick.

 

[EnglishLove 112]

1 minute ago, Lemonslice said:

Approved to get a passport? Or ESTA? 

 

 

I'm not sure exactly. It was over a year ago and he had to get both as he had never traveled anywhere. I just remember him having to fill out a questionnaire and they did a background check on him. A few days later, they said he was approved and able to travel to the US 

[yuna628 9,528]

18 minutes ago, Boiler said:

Not sure what to say, I do not recognise that process.

I don't recognize it either. I can only guess that he answered the ESTA questions and it took several days wait to get an answer? Though with his background, the larger question to me is, how did he answer those ESTA questions, ya know? That's the important thing. How was the ESTA questions involving being arrested answered for instance?

 

Even if one tried to skirt the issue of the framing of the language regarding the arrest question for ESTA, the embassy certainly does not recommend it. https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

Edited January 29, 2019 by yuna628

[Lemonslice 4,553]

9 minutes ago, Pooley said:

I'm not sure exactly. It was over a year ago and he had to get both as he had never traveled anywhere. I just remember him having to fill out a questionnaire and they did a background check on him. A few days later, they said he was approved and able to travel to the US 

Might be useful to have him join and provide more details. 

[EnglishLove 112]

3 minutes ago, yuna628 said:

I don't recognize it either. I can only guess that he answered the ESTA questions and it took several days wait to get an answer? Though with his background, the larger question to me is, how did he answer those ESTA questions, ya know? That's the important thing. How was the ESTA questions involving being arrested answered for instance?

1. Have you ever been arrested or convicted for a crime that resulted in serious damage to property, or serious harm to another person or government authority?
2. Have you ever violated any law related to possessing, using, or distributing illegal drugs?
3. Do you seek to engage in or have you ever engaged in terrorist activities, espionage, sabotage, or genocide?
4. Have you ever committed fraud or misrepresented yourself or others to obtain, or assist others to obtain, a visa or entry into the United States?

I believe those were the questions asked which the answer is no to all. He has nothing to do with drugs or terrorist activities or fraud. They still ordered a background and I remember him even getting a call but it was approved and he's has no issues the couple of times he has traveled back and forth. I have a copy of his normal criminal background check that he had to order at the same time for job which says "NONE RECORDED" in the Police records. His CRB check comes back clear as well. The only thing that shows something is the police check for the actual Visa.