aos with a caution from police

[myangelblue 0]

ok here is the problem my hubby came from the uk and when he filled out his i94 when it asks have you ever been arrested or convicted of a moral turpitude crime .....ect he put NO !! but he had a caution from a theft of employer which never went to court jus a caution so when he filled out i94 should this have been a yes ? because morning he came on plane he was in a hurry didnt think about it and wasnt trying to lie but when he came we got married and decided for him to stay and file aos so now are we in big trouble ?? will this affect the aos ?? freaking out right now ... anyone ever have simular situation ? thanks

[myangelblue 0]

anyone have this happen or know what will happen because of this ? his caution was for attempted theft.

[daboyz 36]

Moral Turpitude are things like prostitution etc.

[myangelblue 0]

this whole thing with i94 and caution is making me wonder where do i go from here . will aos be a waste of time ? and he has overstayed for lil over a year . omg i have no clue what to do . i cant afford a lawyer so should he jus go back to the uk

[wifetobe 2]

this whole thing with i94 and caution is making me wonder where do i go from here . will aos be a waste of time ? and he has overstayed for lil over a year . omg i have no clue what to do . i cant afford a lawyer so should he jus go back to the uk

What do you mean he overstayed for over a year? When? POE would not have allowed him entry otherwise.. or do you mean he never adjusted after you got married?

[myangelblue 0]

when he came to usa it was on vwp and he and i married after he came here and are filling out paperwork for aos now

[geezer 1]

Moral Turpitude are things like prostitution etc.

Things like theft from employer, embezzelment ect are also considered crimes of moral terpitide.

He should stay here if he is in the country now, if he leaves it could be a long time before he gets back.

Its better to pursue the process here in family based immigration cases.

Edited January 10, 2009 by geezer

[myangelblue 0]

yes realize this now thats whats got me freaking out

[wackodacko 0]

...have you ever been arrested or convicted of a moral turpitude crime .....etc

I read online here: https://www.askthe.police.uk/content/Q562.htm that a CAUTION is just a formal warning, and "Although it is not technically classed as a conviction it can be taken into consideration by the Courts if the person is convicted of a further offence. " - so its not a conviction, unless you committed a further offence. if not, then you answered the question correctly because you were never convicted.

Since the caution was over 2 years ago, too - its already "SPENT" which means you dont even need to declare it on any application form:::

"Cautions are now covered by the Rehabilitation of Offenders Act 1974 so will become spent immediately (apart from conditional cautions which will become spent after 3 months). This means that if you are asked on an application form if you have a caution you can reply 'no'. For conditional cautions it would be after 3 months since the caution was issued, up until that time you would have to reply 'yes'."

thats from the same website i mentioned above

Hope that helps. I dont know if theres an equivalent here in the USA, but i do get "warnings" from police from time to time when i speed hehehe - its not a real ticket, though - just a warning that stays on their file

Edited January 10, 2009 by wackodacko

[Old Dominion 26]

A caution or warning from the police is not the same as a conviction, no matter what the alleged crime. It will have no effect on the AOS.

As to the fact that he overstayed, it is a fact of life that can't be changed. If there is even the slightest appearance that he came to visit you with the intent to marry while here, there is a problem for you. If that is the case, best for him to return home and you petition for permission for him to get a spousal visa. If there was no such appearance, and your marriage meets all of the tests of being bona fide and solid, you have a good chance that USCIS will overlook the fact that he overstayed.

[daboyz 36]

Moral Turpitude are things like prostitution etc.

Things like theft from employer, embezzelment ect are also considered crimes of moral terpitide.

He should stay here if he is in the country now, if he leaves it could be a long time before he gets back.

Its better to pursue the process here in family based immigration cases.

Here's the guide for it. Seems to include all kinds of things.

http://en.wikipedia.org/wiki/Moral_turpitude

[myangelblue 0]

i am not worried bout the overstay we didnt intend on him staying here and marrying and we are really married , but after starting the paperwork for aos the caution wasnt even thought of because like normal ppl i jus was taking it as a warning like you get here in usa. we called the uk police station and he said its not a conviction but may be considered a arrest which what happen was he was called by police for something that was found in his locker at work which he did put there and they accused him of stealing so my hubby went to the station and answered their questions and he was fingerprinted and all but when he admitted to it police gave him a warning and said it would be off his record in 5 yrs as long as no other trouble which he did not get into any more so like i said that was 2005 .so his caution was attempted theft so weather or not that is a moral turpitude im not sure . i jus think the fact this could hurt us is hard . it wasnt fraud on i94 because to him it was just a caution.

[DeeBee 1]

They are trying to establish whether or not you have any serious crimes overhanging... Furthermore, they want to see that if there is something, that you are honest enough to report it to them.

I had an underage (drinking) on my file and I came clean about it. I don't think they even glanced at it. Find an attorney you can talk to if you are worried, it's less expensive than most people think.

Good luck.

Edited January 10, 2009 by DeeBee

[Old Dominion 26]

Since he did not go to trial, he was never proven to have committed any kind of criime. It is clear the charge was dropped and he was let go. I wouldn't worry about the warning at all. The reason it is on the record is to help keep him from being caught again anytime in the five years.

[English Muffin 59]

The I-94W asks if you have ever been arrested or convicted for a Crime Involving Moral Turpitude. The OP was arrested but ticked no on the I-94W. If his offence was a CIMT then lying on the I-94W will be a bigger concern than the original crime.

The OP has already been given lots of info here http://www.visajourney.com/forums/index.php?showtopic=171246