Declaring UK Criminal History

[Poguesy 0]

Hi all :)

 

Me and my partner (US citizen) are soon going to be looking at me (British citizen) applying for a visa to come live with her in the United States. At present, we are still deciding on whether to go for the K1 route or CR1 route but are more concerned about the impact my police records may have on the visa process/outcome.
 

13 years ago I was arrested for breach of the peace and possession of an offensive weapon (an air rifle) with intent to cause fear of violence. I was drunk at the time, going through a rough path in my life and made some stupid threats through text messages. After going through the police interview, I was cautioned under the Malicious Communications Act and no further action was taken.

When it comes to providing a UK police certificate, my feelings are it will come back as 'no live trace' as the caution is now considered spent - it does not even come up on enhanced CRB checks here now. I am, however, assuming I will have to provide a subject data request?

 

The thing is, I am quite concerned about how much impact this may have on my future visa application. I have done nothing since, have spent many years working with vulnerable adults/children and really hope US immigration will just see it for the stupid mistake it was. I also have a good travel history of entering and leaving the US without incident. 

 

Basically, does anyone here have any guidance or advice for how best for us to proceed? We were originally going to go the K1 route, though we feeling getting married and going the CR1 route would help strengthen our case if any issues arise from my past.

Would you recommend we hire US-based private attorney to handle our case?

Yes, I was arrested for possession of an offensive weapon with intent to cause fear of violence but that's all it was, an arrest. The caution was for the stupid drunken texts.

I would really appreciate some help and advice with this.

 

[Redro 4,611]

Get married. K1 is taking as long and sometimes longer than spousal visa and when you enter you won’t be able to work @Crazy Cat has a great summary.

 

The i130 should be approved in about 1 year. 
that’s what you submit your police records.

you can read a little more about NO LIVE TRACE from this thread: 

You might need a lawyer for a waiver you might not… you’ll find this out at the interview stage.

 

[Family 4,025]

34 minutes ago, Poguesy said:

I also have a good travel history of entering and leaving the US without incident. 

ESTA is generally denied to anyone who answers Yes to question on criminal history…so how did you travel to the US ?

[Poguesy 0]

2 minutes ago, Family said:

ESTA is generally denied to anyone who answers Yes to question on criminal history…so how did you travel to the US ?

When completing and submitting the ESTA, it only mentioned specific crimes? It never stated if you had any criminal history. 

[Rocio0010 5,579]

1 minute ago, Poguesy said:

When completing and submitting the ESTA, it only mentioned specific crimes? It never stated if you had any criminal history. 

Time for you to file for a Freedom of Information Act for Immigration to see what’s on your file. I wouldn’t even consider filing for an immigration benefit until you see what they have on file, and what you declared on your ESTA

[Sammy_2496 116]

I highly suggest you file for a spouse visa, it is way more beneficial and they take almost the same amount of time as a K1, sometimes quicker. Although im surprised you were granted an ESTA with this history (althought i cant remember the exact questions to be honest). I agree with @Rocio0010 about filing for a Freedom of Information Act. You may need a waiver, you may not.... if i were you, i would consult an immigration lawyer at some point. 

[Family 4,025]

5 minutes ago, Poguesy said:

When completing and submitting the ESTA, it only mentioned specific crimes? It never stated if you had any criminal history

Excellent response😂

 

 

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?

[Redro 4,611]

46 minutes ago, Poguesy said:

Hi all

 

Me and my partner (US citizen) are soon going to be looking at me (British citizen) applying for a visa to come live with her in the United States. At present, we are still deciding on whether to go for the K1 route or CR1 route but are more concerned about the impact my police records may have on the visa process/outcome.
 

13 years ago I was arrested for breach of the peace and possession of an offensive weapon (an air rifle) with intent to cause fear of violence. I was drunk at the time, going through a rough path in my life and made some stupid threats through text messages. After going through the police interview, I was cautioned under the Malicious Communications Act and no further action was taken.

 

I believe the ESTA question is : 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?”

 

And depending on who you talk to some people might say the actions you described resulted in serious harm to another person… 

[Family 4,025]

48 minutes ago, Poguesy said:

Yes, I was arrested for possession of an offensive weapon with intent to cause fear of violence but that's all it was, an arrest. The caution was for the stupid drunken texts.

Lawyer up.
… guns and threats ( notwithstanding difference between arrest and conviction) will be an issue ..

[Rocio0010 5,579]

There should be an emoji here that says “File for FOIA!”

[Family 4,025]

1 minute ago, Rocio0010 said:

There should be an emoji here that says “File for FOIA

He answered NO on ESTA questions…so there is nothing to FOIA 

[Family 4,025]

Some resources:
 

https://fam.state.gov/fam/09FAM/09FAM030203.html

[SalishSea 17,928]

I think the bigger issue will be that criminal history with the answers on ESTA and a possible misrep.   OP, you need an excellent immigration lawyer.

10 minutes ago, Family said:

He answered NO on ESTA questions…so there is nothing to FOIA 

Previous ESTA applications will be visible to consular staff.

[JeanneAdil 6,554]

US embassy UK says:

 

We do not recommend that travelers who have been arrested, even if the arrest did not result in a criminal conviction, have a criminal record,  certain serious communicable illness, have been refused admission into, or have been deported from, the United States, or have previously overstayed under the terms of the Visa Waiver Program, attempt to travel visa free under the Visa Waiver Program.  The Rehabilitation of Offenders Act does not apply to US visa law and spent convictions,regardless of when they occurred will have a bearing on a traveler’s eligibility for admission into the United States.

 

https://uk.usembassy.gov/visas/visa-waiver-program/additional-requirements/

 

lying on the ESTA represents separate grounds of inadmissibility to the USA under the material misrepresentation or fraud provision…If this finding is made, then a person subsequently applying for a visa to the USA may well be denied due to misrepresentation or fraud.”

There is nothing stopping you from lying on the ESTA; however, if you get caught, the repercussions are severe. Before you travel to the U.S., get in touch with an immigration attorney

 

OR  have the USC come to live with u in  UK

[EA and MK 48]

Since a caution is not a conviction, the only item you need to sincerely and truthfully answer about your incident is whether your arrest was because you caused serious damage to property or serious harm to a person. If your actions that got you arrested resulted in neither , then I don't know why people here are saying this could be misrep.