what a horrible feeling knowing you will most likely be denied

[chrisclassic 14]

oh why oh who do i read so much ?

i guess to see if i can find anyone who has been or is in my situation

thought im feeling more content with everything that is happening and what could happen its still hard reading denials for reason's that is the same as mine

i have become hardened by this journey to paper work waiting and not knowing if il ever make it to america

most people know my story but here goes

i have a CIMT yes that dreaded word against my name for something so very minor that was forgotten seen as it was 8 almost 9 years ago i took a traffic cone from a hedge on halloween to put on my head anyways the kind police man said where did i get it from i said that hedge over there he said put it back i did as i never took it to keep 3 weeks later was asked to appear at our local station and was asked if i took the cone i said yes but i put it back all was done nothing was said

anyways 8 years pass and i go to florida with my family i had forgot about my crime seen as it was so minor and i never looked at it as an arrest so to the best of my knowledge i ticked no about the cimt question also not knowing what a cimt was i thought i was answering correctly

anywways as time rolls on iv been to california 2 times to see my future wife

i come home we start the k1 process a very excited young man indeed

i apply for my acpo results it comes back saying no live trace ???? i google it and to my shock , horror it means i have something against me i was thinking what the bleep

then it sunk it it couldnt poss be for the traffic cone i took to put on my head on halloween that night the only answer is yes it must be its the only time my whole life iv had contact with the police as im not a criminal

i get my subject access report and there it is caution for THEFT i was like no way

then that sinking feeling im going to be denied after finding out its a CIMT

so we roll on i keep reading and trying to find stories of people in my situation

i have found a few that have been approved but i think about the amount of people to be denied

its not the cimt im too worried about as i fall under the petty offence exception its the missrep on the vwp even though it was honest genuine mistake and never once willfully missreped myself as i have far to much respect for america and their laws and customs to ever lie or deceive any of them just for a trip ................................ now if i had lots of contact over my life with the police i would have never forgotten i had crimes against me and would of known i could never be there or visit but i havent deep down no matter how bad this story may look im not a bad person i have never drank alcohol never done drugs and would never steal anything in my life ........................ i know my crime doesnt look that way but please talk to me before you judge me

i dont know what will happen at my interview iv had people telling me not to worry

but its human nature to do so when your a good person who deserves good things and my good thing is the most beautiful thing on this planet who i love more than anything

i feel i will be denied as i see it happen more often then not and it is a shame when you havent meant to missrep yourself or commit the crime against you

thanks for reading

i will never give up getting to be with her waiver or not she is worth it

i was told by a friend JUST LIVE and thats all we have to do

if there is anyone who has been through this or going through this right now please dont be afraid and dont let people judge you for your past

here is my story a little about my life that has been one hell of a rocky road the last ten years

i know my grandad my 3 best friends my nan and my brother are watching over me i know they can pull me through no matter what stands in my way its great having 6 angels watching over me

Thanks again and sorry for being open honest and a little bit soppy

i wish you all good luck

and remeber the biggest dreams can come true

[madtownguy 164]

I is always upper case. There are always two sides to every story, I'm sure what you did was fairly minor. The way you told it is near impossible. You should have had a lawyer present if you didn't have any knowledge of our laws and went to court. Theft isn't something they just put on your record, you would know if you got charged with it. It's serious, not a little thing. What you may have down was little, but you let yourself get charged with theft which is serious. I suggest you go through the channels to resolve that and get it expunged. It is expensive though, but if you can't afford that honestly you shouldn't be visiting the country. It sucks but the US is broke.

[Hypnos 6,576]

OP has posted about this issue before; they accepted a caution for theft of a traffic cone and this is now showing up on their police record as a CIMT. Criminal records cannot be expunged in the UK but are usually deemed "spent" after a few years (variable as to the severity of the crime and the sentence passed); the US does not recognise this recission though, and the crime must be declared to them (and was), but the issue was the OP issued the US on the VWP several times and always checked "no" to the CIMT question, leading to them possibly have committed misrepresentation.

OP, have you contacted a reputable immigration lawyer (or several) to seek their advice?

[chrisclassic 14]

OP has posted about this issue before; they accepted a caution for theft of a traffic cone and this is now showing up on their police record as a CIMT. Criminal records cannot be expunged in the UK but are usually deemed "spent" after a few years (variable as to the severity of the crime and the sentence passed); the US does not recognise this recission though, and the crime must be declared to them (and was), but the issue was the OP issued the US on the VWP several times and always checked "no" to the CIMT question, leading to them possibly have committed misrepresentation.

OP, have you contacted a reputable immigration lawyer (or several) to seek their advice?

yeah i have but just a consultation is too much money for now trying to keep a roof over me and my fam's head is hard enough so just going to bite the bullet on the day

and see what they say when i get to say my side of the story

[chrisclassic 14]

yeah i have but just a consultation is too much money for now trying to keep a roof over me and my fam's head is hard enough so just going to bite the bullet on the day

and see what they say when i get to say my side of the story

and commited means knowingly did something i never commited or knowingly lie there for i havent missreped myself

[TBoneTX 45,091]

*** Thread moved from K-1 Process forum to UK regional subforum and merged with previous thread. As stressful as your situation is, please avoid starting multiple threads on the same topic. ***

[nobbie 105]

Chris, how many PM did we exchange on the subject, I was in a similar situation, although I had a "no trace" as it was a long time ago. I had declared it on the DS156 or whichever form it was. I had been to the US several time on VWP and different visas, NOTHING WAS MENTIONED AT THE INTERVIEW.

Just go to the interview, have your SAR and only answer what you are asked about. if there was no intent to keep the cone then it is not a CIMT.

Edited October 8, 2013 by nobbie

[chrisclassic 14]

Chris, how many PM did we exchange on the subject, I was in a similar situation, although I had a "no trace" as it was a long time ago. I had declared it on the DS156 or whichever form it was. I had been to the US several time on VWP and different visas, NOTHING WAS MENTIONED AT THE INTERVIEW.

Just go to the interview, have your SAR and only answer what you are asked about. if there was no intent to keep the cone then it is not a CIMT.

thats the thing though my subject access forms mention nothing about not taking it perminatly although thats the truth i never did take it to keep and i have put that on my forms it just says caution theft no charge / conviction on the subject access forms