Previous arrest...

[sammills89 2]

I've been doing a lot of searching on this topic, and it seems that you are inelligable for a visa if you have commited a crime of 'moral ineptitude', however - if the crime was commited as a minor and you were never convicted, it shouldn't cause a problem, is this right?

The story goes that I was arrested 3 years ago (at the age of 17) and given a final warning. In England, a final warning is only given too young offenders and is NOT classed as a criminal conviction. It does show up on my police certificate, but the date clearly shows I was a minor at the time and I was never taken to court, therefore I don't have a criminal record.

Am I right to think I shouldn't have a problem at the interview? The only information I could find was that if you were convicted twice as a minor then you may be inelligable also - but this is the only incident in my past and as I said I was never convicted. Hopefully someone can put my mind at ease here! Thanks.

The Sams'.

[milesinfront 2]

I've been doing a lot of searching on this topic, and it seems that you are inelligable for a visa if you have commited a crime of 'moral ineptitude', however - if the crime was commited as a minor and you were never convicted, it shouldn't cause a problem, is this right?

The story goes that I was arrested 3 years ago (at the age of 17) and given a final warning. In England, a final warning is only given too young offenders and is NOT classed as a criminal conviction. It does show up on my police certificate, but the date clearly shows I was a minor at the time and I was never taken to court, therefore I don't have a criminal record.

Am I right to think I shouldn't have a problem at the interview? The only information I could find was that if you were convicted twice as a minor then you may be inelligable also - but this is the only incident in my past and as I said I was never convicted. Hopefully someone can put my mind at ease here! Thanks.

The Sams'.

I had the same issue in applying for my K1 visa. I had a police caution from getting into a fight at University, when I was 20. I disclosed it in full and the embassy officer discussed it with his manager, came back and said "these things happen at college" and authorized my visa. Do not worry, just be honest and open. Obviously each case is different and I cannot say for certain that you will be accepted or denied, but it was not a problem for me. I am now a permanent resident. Good luck! Oh and "moral ineptitude"!! You must mean "moral turpitude." This would mean crimes like drugs, serious assault, rape, murder, fraud etc.

Edited May 29, 2009 by milesinfront

[sammills89 2]

Sorry to hear you had that trouble, but glad to hear you made it through okay! Yeah that was the word I was looking for! I did read somewhere on the US embassy site regarding the k1 visa that they can't use it to deny me because I was a minor, but I don't know if that was just me wishfully reading...

[izleep 0]

,

[baron555 934]

Sorry to hear you had that trouble, but glad to hear you made it through okay! Yeah that was the word I was looking for! I did read somewhere on the US embassy site regarding the k1 visa that they can't use it to deny me because I was a minor, but I don't know if that was just me wishfully reading...

I don't think your statement is true. But, you should disclose everything and be totally honest. Even if you have a "clean record", UCIS has other ways to look at the event. To not disclose could be curtains, possibly forever, for you.

[sammills89 2]

What do you mean you don't think my statement is true?! Yeah I planned to be open about everything and I have disclosed that I was arrested as a minor in my forms that I sent back with packet 3. I was never convicted and I don't have a criminal record, and as I was a minor I was given a warning and sent on my way.

[sammills89 2]

"(2) Criminal and related grounds.-

(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.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States."

So it looks as though they changed it slightly, before it used to be that if the alien was under 18 and never convicted it shouldn't be a problem. The Incident was 2 years ago now and like I said I was never convicted, can anyone see this being a problem? I was NEVER sent to prison and I've never been confined - I've only ever had a warning.

[English Muffin 59]

It also depends on what the offence was. Drug offences are a whole different ball game.

[sammills89 2]

Yes the charge they brought against me was 'battery' and I received a warning for it. I was acting completely in self-defence and the police took that into consideration. I've never done drugs and I've never had any other problems with the police, really is just that. Making me sick with worry!

[English Muffin 59]

Some assaults are considered CIMTs and some are not, it can get very complex. Just be honest at your interview and hope for the best.

[sammills89 2]

But taking into consideration I was a minor at the time, and everything else - can anyone see this being a huge problem? Should I get a lawyer involved? I have heard London have a high rate for accepting whichever waiver it is regarding previous crimes... I can't remember the particular waiver sorry!

[^KK^ 3]

i wish u the best.

[sammills89 2]

Thanks KKHoliday. It's really got me down right now, just want to be out there!

[sammills89 2]

9 FAM 40.21(a) N9.4-2 Between Ages 15 and 18

(TL:VISA-46; 08-26-1991)

Juveniles between the ages of 15 and 18 at the time of commission of an offense will not be considered to have committed a crime, and thus be ineligible under INA 212(a)(2)(A)(i)(I), unless tried and convicted as an adult for a felony involving violence. A felony is defined in 18 U.S.C 1(1) as an offense punishable by death or imprisonment for a term exceeding one year.

Well the maximum term for 'Criminal Battery' in the UK is imprisonment of 6 months, if tried. I was never tried and never convicted, not sure if this helps. Apparently in the UK it's considered a 'petty crime' and in the USA a 'misdemeanor' I think. Thoughts and opinions anyone?

[English Muffin 59]

Sounds like you might be ok then.