Fare Evasion in UK and Green Card

[plenty_of_salt 1]

I (US citizen) live in the United Kingdom with my British spouse and am just starting to look into the green card process.

 

My partner mentioned that about 15 years ago, he was charged with fare eviction for jumping the fare gates and went to magistrates court to pay a fine. From what I understand, in the UK fare evasion can be considered a criminal offense and could mean he has a criminal record that will make coming to America more difficult.

 

Can anyone guide me on how this could impact our green card application and what the next steps would be? Thanks.

[Redro 4,600]

20 minutes ago, plenty_of_salt said:

I (US citizen) live in the United Kingdom with my British spouse and am just starting to look into the green card process.

 

My partner mentioned that about 15 years ago, he was charged with fare eviction for jumping the fare gates and went to magistrates court to pay a fine. From what I understand, in the UK fare evasion can be considered a criminal offense and could mean he has a criminal record that will make coming to America more difficult.

 

Can anyone guide me on how this could impact our green card application and what the next steps would be? Thanks.

Has your partner ever visited the US on ESTA? Or will his first time going to the US be via his immigrant visa? 

You can start the process now, criminal record will only be an issue in about a year after the I130 is approved…

I would consult with a US immigration lawyer to look over the charges after you obtain all the records from the arrest (these records will more than likely be needed after I130 is approved).

If your husband is refused you should be given the opportunity to file a waiver. 
First things first. file the petition. 

[plenty_of_salt 1]

29 minutes ago, Redro said:

Has your partner ever visited the US on ESTA? Or will his first time going to the US be via his immigrant visa? 

You can start the process now, criminal record will only be an issue in about a year after the I130 is approved…

I would consult with a US immigration lawyer to look over the charges after you obtain all the records from the arrest (these records will more than likely be needed after I130 is approved).

If your husband is refused you should be given the opportunity to file a waiver. 
First things first. file the petition. 

Yes, he's visited the USA successfully on an ESTA. He says it didn't occur to him this could be on his record until I started digging when he told me the story.

 

Our next step is to have him do a subject access request to see what's on there.

[Redro 4,600]

26 minutes ago, plenty_of_salt said:

Yes, he's visited the USA successfully on an ESTA. He says it didn't occur to him this could be on his record until I started digging when he told me the story.

 

Our next step is to have him do a subject access request to see what's on there.

I didn’t ask the age of your husband when he committed this crime. was he over 18 or under 18? If under 18 disregard everything I’m about to say- the crimes don’t count if the beneficiary was under 18. 
 

If he was over 18- 
…  traveling on ESTA might be an issue if he answered no to the question: 

• 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?

Some lawyers will say fare evasion isn’t a serious offense (and doesn’t need to be disclosed on ESTA)  and others will say it is (and your husband should have applied for a B1/B2). I know people have successfully traveled on ESTA and not had issues after one DUI so mileage does vary… 

 

Definitely consult with an immigration lawyer to go over the crime, the ESTA entry and the possible need for a waiver. As I said before, if a waiver is required you will only have to submit it after the interview- 18-24 months from now. Most well written waivers are approved. 
 

[Boiler 43,479]

The question on the VWP was different back then.

[Redro 4,600]

1 minute ago, Boiler said:

The question on the VWP was different back then.

We don’t know when he entered the US on VWP though, do we? and how many times… 

[Redro 4,600]

1 hour ago, Boiler said:

The question on the VWP was different back then.

Doing some google sleuthing... and it appears the question on ESTA around 2013 was: 

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

 

Then checking a legal website about whether or not a crime is CIMT or not I read: 

Travelling on a railway without paying a fare

If you have received a FPN then this is NOT a CIMT. If you have been prosecuted in court then this would be dealt with as fraud and IS a CIMT.

 

So, depending on how old OP's husband was in 2009, if he received FPN or was prosecuted in court, and which version of ESTA he completed- this incident could be inconsequential to their immigration journey or add a year... But as the crime would have occurred more than 15 years ago once the interview is conducted the waiver will probably be simple. 

 

 

[Family 3,483]

Here is a random UK barrister Q and A site re same issue. 
According to her, it is NOT an offense of dishonesty ( fraud). 
 

You will not have any problems for the immigrant visa, just disclose it 

https://www.justanswer.com/uk-law/fueq8-taken-court-tfl-fare-evasion-contrary.html
Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

jomo1972, Expert

Thanksfor the informationI'mafraid that this does lead to a criminal conviction although it would probablynot show on dbz checking. There is a chance that it could but it is unlikely.If youdon't have a positive defence then you probably should be pleading guilty.Didn'tthey offer you a fixed penalty?Can Iclarify anything for you?Hopefully, I have answered your query in a waythat is simple and easy to understand. If anything remains unclear, I will bemore than happy to clarify it for you. In the meantime, thank you once againfor using our services.Jo

Customer

Would that criminal conviction affects Visa application or would immigration be able to see that?I am more than happy to pay any fee but I want the court to know, even thou that happened, I am not a criminal and I always pay my travel journeys ( I have my oyster history to show that)Would it make sense to go to court or not?I am so anxious and confused on what to do

jomo1972, Expert

Yes, they will but it may not prevent you getting visas.This is not an offence of dishonesty. It is strict liability like speeding

[Family 3,483]

1 hour ago, Redro said:

Doing some google sleuthing... and it appears the question on ESTA around 2013 was: 

B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities? *

 

Then checking a legal website about whether or not a crime is CIMT or not I read: 

Travelling on a railway without paying a fare

If you have received a FPN then this is NOT a CIMT. If you have been prosecuted in court then this would be dealt with as fraud and IS a CIMT.

 

So, depending on how old OP's husband was in 2009, if he received FPN or was prosecuted in court, and which version of ESTA he completed- this incident could be inconsequential to their immigration journey or add a year... But as the crime would have occurred more than 15 years ago once the interview is conducted the waiver will probably be simple. 

 

 

Love the research . Good info from a group of law students . 

 

 

 

[Redro 4,600]

6 minutes ago, Family said:

Love the research . Good info from a group of law students . 

 

 

 

I truly don’t think @plenty_of_salt and her spouse will have issues. Just giving the possible consequences if the incident is a CIMT. But, I truly believe delaying filing a petition because of something that might be an issue is no way to live..l would file the petition asap. Get an opinion from an immi attorney who looks over the records and then decide next steps! Then MOVE TO 🇺🇸 

[Family 3,483]

10 minutes ago, Redro said:

I truly don’t think @plenty_of_salt and her spouse will have issues. Just giving the possible consequences if the incident is a CIMT. But, I truly believe delaying filing a petition because of something that might be an issue is no way to live..l would file the petition asap. Get an opinion from an immi attorney who looks over the records and then decide next steps! Then MOVE TO 🇺🇸 

My approach would be to full speed ahead and DIY the I-130 , Deal with any issue AT interview , when IF there is an issue it will be clearly spelled out. In this case , none .

 

But hopefully OP will consider DCF direct consular filing and if she meets criteria , file I-130,directly w London and be home in 3 months or less.

[plenty_of_salt 1]

Thanks for your replies. To answer the questions, he was an adult when this happened, and he's been to the US once on an ESTA, last year. He answered no to the question @Redro posted because he saw the small fine he had to pay as comparable to a speeding ticket. He's quite fuzzy on the details because it happened so long ago, which is why we're going to get a subject access request. We can avoid having him enter on ESTA again while we get some clarification.

 

I don't believe I qualify for DCF, I don't have a job offer or anything, but will look into it.

[appleblossom 1,311]

5 hours ago, plenty_of_salt said:

He answered no to the question @Redro posted because he saw the small fine he had to pay as comparable to a speeding ticket.

 

The difference is that in the UK a speeding ticket is often a civil offence, whereas this is a criminal one - I'd order his ACRO cert asap just to see what it says though. I agree with the above that this shouldn't cause his visa to be denied, he just needs to be completely honest about it and hopefully it will all be fine. 

 

Good luck.