K-1 Fiancee visa - Police cautions
bigkevkev
Hi all,
I'm hoping for some positive outlook.
I am in the process of applying for my K-1 Visa to marry my US citizen
fiancee.
I am 25 years old, have a good. My problem is that I have had 3
previous Uk police cautions. 2 of them were just under 5 years ago for
fighting and on a seperate occasion for possesion of small amount of
cannabis. I was also cautioned again about 1 month ago for possesion of
cannabis.
Will I be able to get my visa?
How do the US consular office view cautions for possesion of cannabis?
am I screwed?
any advice would be appreciated.
thanks
--
Posted via http://britishexpats.com
olwa...@netcourrier.com
wrote:
Screwed? No, the technical term is "ineligible"
More info: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html
If nothing else, you fall in the following category:
"(B) Multiple criminal convictions.-Any alien convicted of 2 or more
offenses (other than purely political offenses), regardless of whether
the conviction was in a single trial or whether the offenses arose
from a single scheme of misconduct and regardless of whether the
offenses involved moral turpitude, for which the aggregate sentences
to confinement were 5 years or more is inadmissible."
You will have to file form I-601 ( http://www.uscis.gov/files/form/i-601.pdf
) and get it approved before a visa can be issued to you.
You can still show up for the interview ; if you manage to get the
consular officer on your side, he may recommend your I-601 to be
approved.
It may also be advisable to see an immigration attorney to find to
best way to present your case to get the I-601 approved
Good luck
olwa...@netcourrier.com
Sorry, I didn't read the thing in its entirety
tai fu
a result of those conviction(s).
I don't think a "caution" will land a person in jail, he most likely got
probation or something...
--
TAI FU
conisby
Tai Fu Tea, did you just rip that out your a$$ ??
Bruno Panetta
<olwag...@netcourrier.com> wrote:
> Screwed? No, the technical term is "ineligible"
>
> More info:http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_136...
>
> If nothing else, you fall in the following category:
> "(B) Multiple criminal convictions.-Any alien convicted of 2 or more
> offenses (other than purely political offenses), regardless of whether
> the conviction was in a single trial or whether the offenses arose
> from a single scheme of misconduct and regardless of whether the
> offenses involved moral turpitude, for which the aggregate sentences
> to confinement were 5 years or more is inadmissible."
I think the real problem is this:
"(A) Conviction of certain crimes.-
(i) In general.-Except as provided in clause (ii), any alien convicted
of, or who admits having committed, or who admits committing acts
which constitute the essential elements of-
(I) a crime involving moral turpitude (other than a purely political
offense or an attempt or conspiracy to commit such a crime), or
(II) a violation of (or a conspiracy or attempt to violate) any law or
regulation of a State, the United States, or a foreign country
relating to a controlled substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802)), is inadmissible."
Tracym
My personal advice would be to ignore most of that above - they are VERY
strict about drug offenses, that five year stuff does not apply here.
And get yourself an experienced lawyer.
Tracym
> On Apr 17, 9:36 pm, "olwag...@netcourrier.com"
> <olwag...@netcourrier.com> wrote:
>
> > Screwed? No, the technical term is "ineligible"
> >
> > bilities_136...
> >
> > If nothing else, you fall in the following category:
> > "(B) Multiple criminal convictions.-Any alien convicted of 2 or more
> > offenses (other than purely political offenses), regardless of
> > whether
> > the conviction was in a single trial or whether the offenses arose
> > from a single scheme of misconduct and regardless of whether the
> > offenses involved moral turpitude, for which the aggregate sentences
> > to confinement were 5 years or more is inadmissible."
>
> I think the real problem is this:
>
> "(A) Conviction of certain crimes.-
>
> (i) In general.-Except as provided in clause (ii), any alien convicted
> of, or who admits having committed, or who admits committing acts
> which constitute the essential elements of-
>
> (I) a crime involving moral turpitude (other than a purely political
> offense or an attempt or conspiracy to commit such a crime), or
>
> (II) a violation of (or a conspiracy or attempt to violate) any law or
> regulation of a State, the United States, or a foreign country
> relating to a controlled substance (as defined in section 102 of the
> Controlled Substances Act (21 U.S.C. 802)), is inadmissible."
That's the part. Yep - lawyer.
tai fu
just a warning of some sort? did you do any jail time for this?
--
TAI FU
conisby
A caution is this: the person is offered it at the police station after
the arrest, if the person accepts it, they are formally cautioned
(warned about their behavior) by a senior policeman, and then released
(no court appearance).
But by accepting the caution they are admitting to the crime, they are
not charged,and it is not a conviction, but the caution is on their
record for 5 years.
The thing is USCIS does not differentiate between a conviction and a
admittance of a crime.
bigkevkev
> A caution is this: the person is offered it at the police station
> after the arrest, if the person accepts it, they are formally
> cautioned (warned about their behavior) by a senior policeman, and
> then released (no court appearance).
>
> But by accepting the caution they are admitting to the crime, they are
> not charged,and it is not a conviction, but the caution is on their
> record for 5 years.
>
> The thing is USCIS does not differentiate between a conviction and a
> admittance of a crime.
Thank you for all your interest and responses.
I will be speaking to an immigration lawyer.
I will keep you posted.
tai fu
a petty offense clause somewhere in the law? seems unfair to just put a
blanket ban just because someone got a caution... its as if the person just
committed murder or something. So if he waits 5 years then USCIS wouldnt be
able to find out right since this stays on record for only 5 years?
--
TAI FU
"conisby" <membe...@nomx.britishexpats.com> wrote in message
news:34$442897$4661319$11769...@britishexpats.com...
bigkevkev
it seems as if a caution is treated the same as a conviction in US
immigration law.
Reading the law, Section 212(h) states that a waiver may be granted for
a SINGLE possesion conviction of less than 30g.
Now, I'm not a lawyer, but I am having a lawyer look in to this, but if
US immigration law views cautions in the same way as a conviction, how
can I still get a waiver? even with a good lawyer?
Has anyone on here had a similar case approved?
It's getting to the stage where I may have to withdraw my application
due to the fact that it looks highly unlikely that my offences will be
waived
Can anyone prove me wrong? please!
meauxna
> it seems as if a caution is treated the same as a conviction in US
> immigration law.
> Reading the law, Section 212(h) states that a waiver may be granted
> for a SINGLE possesion conviction of less than 30g.
> Now, I'm not a lawyer, but I am having a lawyer look in to this, but
> if US immigration law views cautions in the same way as a conviction,
> how can I still get a waiver? even with a good lawyer?
> Has anyone on here had a similar case approved?
> It's getting to the stage where I may have to withdraw my application
> due to the fact that it looks highly unlikely that my offences will be
> waived
> Can anyone prove me wrong? please!
Go have a READ in the I-601 Forum at www.immigrate2us.net
You'll get more specific info there.
Tracym
It doesn't have to be a conviction. If you even ADMIT to multiple drug
offenses you can be ineligible. The petty offense exception does apply
- to one instance only.
JAJ
A similar offence in the US may lead to much worse than just a caution.
Are you sure you really want to live in America - why not sponsor your
fiancee to live in the United Kingdom?
--
This is not intended to be legal or professional advice in any
jurisdiction
Posted via http://britishexpats.com
olwa...@netcourrier.com
I was actually thinking the same thing. Don't apply for the visa
(which would make US authorities aware of the caution)
Stay in the UK for 5 years (to prove yourself you can stay away from
drugs - if you don't, you'll get cautions instead of years of jail).
If you succeed to stay away from drugs, you can get an amnesia, and
apply for the US visa.
Full disclosure: If the US authorities find out you willingly lied on
a visa application, you would be find eligible and could be deported
AlienUk
> On 23 Apr 2007 07:19:58 -0700, "olwa...@netcourrier.com"
> <olwa...@netcourrier.com> wrote:
>
>
> >
> >I was actually thinking the same thing. Don't apply for the visa
> >(which would make US authorities aware of the caution)
> >
> >Stay in the UK for 5 years (to prove yourself you can stay away from
> >drugs - if you don't, you'll get cautions instead of years of jail).
> >
> >If you succeed to stay away from drugs, you can get an amnesia, and
> >apply for the US visa.
> >
>
> visa. She may even have forgotten her name....
>
> >Full disclosure: If the US authorities find out you willingly lied on
> >a visa application, you would be find eligible and could be deported
There is of course the tricky question of 'have you ever misused drugs
in the past?'.....A positive answer will result in an automatic ban
whether or not he passes the medical....