Help with bad past

[Dawn Louise 0]

Congratulations!!! I'm so happy for you.

I have a question and I know you're the person to come to with it.

Derek just got his police certificate back. It says "NO LIVE TRACE"

Does this mean we wont need the I-601 or will the other check come back to bite him in the backside?

Again, CONGRATS!!! I'm thrilled for you!!!!

Dawn

[Traci - Andrew 14]

Congratulations!!! I'm so happy for you.

I have a question and I know you're the person to come to with it.

Derek just got his police certificate back. It says "NO LIVE TRACE"

Does this mean we wont need the I-601 or will the other check come back to bite him in the backside?

Again, CONGRATS!!! I'm thrilled for you!!!!

Dawn

Hi Dawn

Thank you so much for your Congratulations comment, it is much appreciated..

As you can imagine we are over the moon that the USCIS have eventually approved our case along with a few others here on VJ.

As for your question, "No Live Trace" means that your husband has had some offenses in the past that have elapsed due to the UK law of "Statute of Limitations" this states that any offenses that you have committed will held on your record publicly for a certain length of time, this time limit varies depending on what the offense was for, certain offenses never drop off at all, but most have a 5 to 15 year time limit.. They are always recorded and will never be removed from your husbands criminal record, however after they have dropped off they will not be publicly available for scrutiny and you do not have to declare them in the UK, however as you are dealing with the USA they want to know everything.

So as it states "No Live Trace" the US Embassy will know that your husband has a criminal record but will not know what he has done, so therefore they will require you to submit a copy of his full criminal record file, which can be obtained from the ACPO website, it is called "Subject Access" this is what he will require, and after he receives it he will then have to go to each Court office to obtain a copy of the court records for each offense listed in the subject access list (Criminal history).

Each of these things cost money and time, so you best be on top of it now, there is no point in just going ahead with just the police certificate, as this will give them grounds to slow the process down and request that he gets the Subject Access records and all the relevant court documents for each offense as well.. So be prepared and get these ASAP.

Once the USCIS or embassy staff know that your husband has committed crimes, they will see if any are considered (CIMT's) Crimes involving moral turpitude, which most are... They will then look to see how many times he has traveled to the USA, and if they deem any of the crimes as CIMT's and he did not disclose this on the landing card (Most people don't) then he will be told at the interview that he has committed Immigration Fraud, this has a denial for Mis-Representation, now only a waiver and an I-601 can overcome both of these.

Please feel free to contact me if you need any more info.

Take care

Andrew

Congratulations!!! I'm so happy for you.

I have a question and I know you're the person to come to with it.

Derek just got his police certificate back. It says "NO LIVE TRACE"

Does this mean we wont need the I-601 or will the other check come back to bite him in the backside?

Again, CONGRATS!!! I'm thrilled for you!!!!

Dawn

You can contact me personally by sending me a private message if you want to give me more details without them being public on here.

Regards

Andrew

[Dodi 69]

Hi Dawn

First of all the Police certificate will only tell you one of three things, 1 = No Data (No Criminal Past on Record) 2 = No Live Trace (Criminal Past but Nothing Outstanding or Current) 3 = Live Trace (Ongoing charges to be made or Criminal history not yet exceeded statute of limitation date).. This will inform the embassy that he has a criminal past, but if he has done nothing illegal in the last 10 years as per his post, then he will get a "No Live Trace" which indicates he has a history... The embassy will then expect to see his Police Records which is different from the certificate as it lists all the crimes from the age of 15 to date, he can then disclose all the crimes listed on this report, after all this is what the US Embassy is going to work from, if you do know of something else that is not listed then it would not be a good idea to mention it as the Embassy will require documentation for the offense which will be hard to get if it is not listed on the official police report... All the court records then need to be collected for Every Offense. This takes time and money as all these reports and court records are chargeable.

My fiance got a "No Trace" on his form that he received yesterday, but he has NO criminal history. The only thing close was a failure to pay poll tax notice back when EVERYONE in the UK was protesting the poll tax, and a bankruptcy he filed a few years ago. (I say bankruptcy with criminal because he said it's nearly criminal to file bankruptcy in the UK.)

So how is this a signal of criminal history with nothing in the recent past if he has none? That seems a bit misleading and inaccurate.

Edited July 21, 2010 by Dodi

[marlea 84]

My fiance got a "No Trace" on his form that he received yesterday, but he has NO criminal history. The only thing close was a failure to pay poll tax notice back when EVERYONE in the UK was protesting the poll tax, and a bankruptcy he filed a few years ago. (I say bankruptcy with criminal because he said it's nearly criminal to file bankruptcy in the UK.)

So how is this a signal of criminal history with nothing in the recent past if he has none? That seems a bit misleading and inaccurate.

I've read that No Trace is the same as No Data, meaning that he has no criminal history to contend with at the interview.

[Dodi 69]

@Marlea:

I just checked with Peter and you're right. It's NO TRACE, not NO DATA. That's what confused me. There's No Trace, No LIVE Trace, and Live Trace.

He got No Trace. All good.

[Boiler 46,084]

You are confusing two different issues:

1. You declare all arrests, convictions etc with supporting documentation.

2. You provide the police certificate.

[Dodi 69]

You might want to clarify that statement.

For the USC you don't declare arrests unless they fall under the IMBRA requirements.

For the Immigrant Fiance, you show documentation for what's on the police certificate.

[Boiler 46,084]

You might want to clarify that statement.

For the USC you don't declare arrests unless they fall under the IMBRA requirements.

For the Immigrant Fiance, you show documentation for what's on the police certificate.

Wrong, read the form.

[Dodi 69]

Read up to previous posts. I have read the form.

[Boiler 46,084]

Lets get it clear:

YOU HAVE TO DECLARE ALL YOUR PAST MISDEEDS, not just the ones that come up on a Police Report

To suggest otherwise will get someone in a whole pile of hurt.

[Traci - Andrew 14]

My fiance got a "No Trace" on his form that he received yesterday, but he has NO criminal history. The only thing close was a failure to pay poll tax notice back when EVERYONE in the UK was protesting the poll tax, and a bankruptcy he filed a few years ago. (I say bankruptcy with criminal because he said it's nearly criminal to file bankruptcy in the UK.)

So how is this a signal of criminal history with nothing in the recent past if he has none? That seems a bit misleading and inaccurate.

"No Trace" is not the same as "No LIVE Trace", No Trace = No Criminal past on Record, No LIVE Trace = You have a criminal past but they are all deemed as spent in UK law. ie outside the statute of limitations for the types of offences committed.

I hope this clears up your mis-understanding

Regards

Andrew

[Traci - Andrew 14]

Lets get it clear:

YOU HAVE TO DECLARE ALL YOUR PAST MISDEEDS, not just the ones that come up on a Police Report

To suggest otherwise will get someone in a whole pile of hurt.

Hi Boiler

I do understand your point of view, but in the real world you should take the advice of the professionals like experienced immigration lawyers whom have told me that when dealing with the USCIS or any other legal agency, you only declare what is known to them and what is documented, if you have something else that is not on the police report "YOU MUST NOT VOLUNTEER INFORMATION" as this information is not available to them and it will give them more ammunition to use against you, also how on earth are you supposed to give them supporting information that they require when it does not show up on a full police records search "Subject Access Report".

As my lawyer said, tell them everything that is documented, if it is not documented and available to you, then it is not available to them, this is why you have to supply the police records to the USCIS as this is the way they can see what you have done in your past, and then if they did a search of their own it will still only give them what was printed on the Police report.

So please do not advise people to volunteer information that is not documented as this will complicate their case and will be used against them, as the USCIS will require the backup documents before proceeding with your case or it will end in a denial.

So either way you can get hurt, but this way is the least painful under normal circumstances.

Regards

Andrew

[Traci - Andrew 14]

You might want to clarify that statement.

For the USC you don't declare arrests unless they fall under the IMBRA requirements.

For the Immigrant Fiance, you show documentation for what's on the police certificate.

The USCIS want all information regarding you entire criminal background, Police Certificate (if "No Trace" then that is all), but if it states "No Live Trace" or lists crimes directly on the certificate then you have to supply the "Subject Access Report" from ACPO and then you have to submit the Court records for each crime committed regardless of how long ago it was committed.

The USCIS do not use the same step down system that is used in the UK, in fact they do not step down at all for immigration purposes, therefore a crime dating back 25 years for shoplifting will be a CIMT and if you have traveled to the USA since this time and you have not declared the CIMT on the old landing card then you will also be found guilty of Immigration Fraud and a denial will be issued for the Misrepresentation. But the USCIS will determine in most cases that if your last crime is over 15 years old that you are considered as rehabilitated.

Then a waiver will be required.

I hope this clears up your argument

Regards

Andrew

[Boiler 46,084]

The USCIS want all information regarding you entire criminal background, Police Certificate (if "No Trace" then that is all), but if it states "No Live Trace" or lists crimes directly on the certificate then you have to supply the "Subject Access Report" from ACPO and then you have to submit the Court records for each crime committed regardless of how long ago it was committed.

The USCIS do not use the same step down system that is used in the UK, in fact they do not step down at all for immigration purposes, therefore a crime dating back 25 years for shoplifting will be a CIMT and if you have traveled to the USA since this time and you have not declared the CIMT on the old landing card then you will also be found guilty of Immigration Fraud and a denial will be issued for the Misrepresentation. But the USCIS will determine in most cases that if your last crime is over 15 years old that you are considered as rehabilitated.

The USCIS want all information regarding you entire criminal background

That is exactly my point.

Edited July 21, 2010 by Boiler

[Traci - Andrew 14]

That is exactly my point.

Boiler you stated the following:

"Lets get it clear:

YOU HAVE TO DECLARE ALL YOUR PAST MISDEEDS, not just the ones that come up on a Police Report"

However I stated that you only need to tell the USCIS whatever shows up on the Police Report and NOTHING MORE !!

See the point now?

Regards

Andrew