Help with bad past

[Traci - Andrew 14]

I would just like to add that my police report came back as saying 'No Live Trace' and I have NEVER been in trouble with the police. No tickets, no arrests, no official warnings, nothing. And when I got to the interview, they asked if I had ever had any problems with police and I said none, and that was all that was asked. It wasn't until people on this forum told me what the statement meant that I started to wonder what the heck happened with my police check. Thankfully it didn't set me back at all.

If you're asked at the interview if you've been in trouble, tell the truth! The last thing you need is a misrep charge.

Hi Gemmie

I very much doubt your statement is correct, maybe you mis-read the actual phrase and instead of "No Trace" you thought is said "No Live Trace".. anyway to prove my point and to educate others that may also be confused, I have added a link to open up a copy of the official letter that you get with the Police certificate: Police Certificate Letter

Regards

Andrew

[Traci - Andrew 14]

Moderator hat on: First, please do not make personal attacks or comments insulting others - they add nothing to the discussion and detract from the usefulness of the thread. Second, be very cautious about advising anyone not to disclose fully information about any run-ins that they have had in the past with the law - it is a violation of TOS to advise someone to lie or in any other way falsify information submitted to USCIS and you could also be causing them serious problems in the future if they take your advice.

******************************************************************************************

Moderator Hat off: - with regards to not fully disclosing all of your activities even if they don't officially show up in records, you need to be aware that there are further applications in the future that my well 'trip you up' and require you either to 'lie' on the application because you failed to disclose the information now - or disclose the information belatedly and face a possible charge of misrepresentation and whatever consequences go with it. You would be well advised to read over the I-485 Adjustment of Status application - specifically Section C.1. a) and b ) http://www.uscis.gov.../form/i-485.pdf ; also I-751 "Removal of Conditions" specifically part 3, 7. http://www.uscis.gov.../form/i-751.pdf and be sure to read over the instructions about 'criminal history' http://www.uscis.gov.../i-751instr.pdf . Also, the N-400 'Naturalization" application - specifically part 10. Section D "Good Moral Character" questions 15 to 21 http://www.uscis.gov.../form/n-400.pdf . This isn't 'fill out this form/get this visa and things are over and done with' - the K-1/K-3 process asks for the least details of your encounters with the law of any of the other immigration forms you will face on this journey. Start now with the approach you intend to follow all the way through because you will be asked more specific and less open to interpretation questions the deeper you get in the process and you may later be wishing you had been more 'up front' with your answers earlier on while you still had the chance.

Hi Kathryn41

First of all I would like to clear my reputation that has just been sullyed on this thread by responding to your accusations.

1 - I have never told anyone to lie or to falsify information. ( I stated not to volunteer any information that was not on the Police Records, because if it does not show up on the records, then it is of no consequence as there is no history or backup paperwork - This was advised by Lawyers in the past as they said that the USCIS will use anything you give them against you, so the advice given was not to disclose anything that was not listed on the Police report, if it was important it would be recorded ).

2 - Read my posts before warning me about "personal attacks or comments insulting others", most of my posts are informative and helpful, the odd few are in defence of someone else starting to be insulting or starting a personal attack on me or someone else.

3 - I am not telling anyone to be a liar or to cheat, but only to just be aware of the concequences of volunteering certain information to an organisation/government department that will turn this information around and use it against you at any chance possible.

So please read my other threads, look at the I-601 Spreadsheet I produce on every update for all VJ users, and then comment on my posts, however the user Boiler on the other hand, has to remove comments from his profile that other users have left, like "Get a life", so I can see who seems to mix it up on these forums.

Link to the I-601 Spreadsheet: I-601 Spreadsheet

Regards

Andrew

[Dodi 69]

Kathryn,

Nobody here was trying to tell anyone to lie or falsify. Again, it's not to volunteer information you don't have any documentation to back up. If it's not on the reports and you have no way of obtaining documentation about it, such as VERY OLD infractions in smaller towns where records aren't the greatest, it might cause more harm than good, because you'll be required to get information where it doesn't exist anymore. I personally don't have this problem, as my fiance has NO criminal history whatsoever.

All we wanted was for Boiler to calm it down and stop attacking people. That's all he did by coming here. His posts were not helpful in any way.

Thank you for stepping in, but you seem to have misunderstood the entire problem here.

[Traci - Andrew 14]

Kathryn,

Nobody here was trying to tell anyone to lie or falsify. Again, it's not to volunteer information you don't have any documentation to back up. If it's not on the reports and you have no way of obtaining documentation about it, such as VERY OLD infractions in smaller towns where records aren't the greatest, it might cause more harm than good, because you'll be required to get information where it doesn't exist anymore. I personally don't have this problem, as my fiance has NO criminal history whatsoever.

All we wanted was for Boiler to calm it down and stop attacking people. That's all he did by coming here. His posts were not helpful in any way.

Thank you for stepping in, but you seem to have misunderstood the entire problem here.

Thanks for understanding my point Dodi, that is all I was trying to get across.

Kind Regards

Andrew

[ECWilloughbys 7]

I have a related question: what if the UK citizen was arrested for petty larceny in the past decade, but then after being brought into the police station, was questioned and then released without charges pressed, no conviction, and a caution issued? I believe a standard caution is only on someone's record for five years, but I realize this will probably still show up on the police certificate as No Live Trace, which means there will be an issue with the crimes of moral turpitude question on the VWP landing card over the past few years. What should we expect at this point (we've only just sent away for the police certificate), how should we prepare to handle this?

[Dodi 69]

If no charges were filed, then it's something I wouldn't worry about. If you've got any type of documentation of the warning, you might take it with you just in case it's asked, but honestly, warnings here don't show up on criminal records, so you shouldn't have anything to worry about.

[Traci - Andrew 14]

I have a related question: what if the UK citizen was arrested for petty larceny in the past decade, but then after being brought into the police station, was questioned and then released without charges pressed, no conviction, and a caution issued? I believe a standard caution is only on someone's record for five years, but I realize this will probably still show up on the police certificate as No Live Trace, which means there will be an issue with the crimes of moral turpitude question on the VWP landing card over the past few years. What should we expect at this point (we've only just sent away for the police certificate), how should we prepare to handle this?

Hi

You should send off not just for the police certificate, but for the SUBJECT ACCESS REPORT from the ACPO website, this report requires you to prove your ID and then they will send you a report on your entire Police National Computer (PNC) record, this lists everything since the age of 15 on-wards, regardless of the crime or step-down periods.

Once you read this report, you will know what you have to report to the USCIS along with your police certificate and any court records that match up with any crimes listed on the Subject Access Report.

If your "Petty Larceny" incident does not show up, then the police have not considered it worthy of recording, therefore I would not muddy the waters by volunteering this particular information, as you can not back it up with any written documentation if it was not recorded.

This is an ideal example of what I was trying to say before in this thread.

So go get the Subject Access Report ASAP, and then check on that, the police report will only tell you if you have never been in trouble with the police "No Trace" or you have something on your record but not current and has been stepped down due to time limitations "No Live Trace" or you have some current/recent convictions and some stepped down "Further Information Stepped Down" or just recent convictions which will just be listed direct on the certificate.

I hope this helps.

Regards

Andrew

[Traci - Andrew 14]

Hi Gemmie

I very much doubt your statement is correct, maybe you mis-read the actual phrase and instead of "No Trace" you thought is said "No Live Trace".. anyway to prove my point and to educate others that may also be confused, I have added a link to open up a copy of the official letter that you get with the Police certificate: Police Certificate Letter

Regards

Andrew

Link Broken... Try this one: Police Certificate Letter

[ECWilloughbys 7]

Thanks for the advice, Andrew and Dodi. Will do just that.

[Exile 1]

Hi

New to the site.

Andrew, do you know if either Drunk and Disorderly or ABH would be considered as MT. The former is a caution and the latter is an arrest with bail then no further action. I assume both would be present on a police record unless there has been an admin error.

[Traci - Andrew 14]

Hi

New to the site.

Andrew, do you know if either Drunk and Disorderly or ABH would be considered as MT. The former is a caution and the latter is an arrest with bail then no further action. I assume both would be present on a police record unless there has been an admin error.

Hi Exile

ABH will be considered a very serious CIMT (Crime Involving Moral Turpitude), however the Drunk & Disorderly charge on it's own should not be a CIMT unless you committed an illegal act or damage to a person or property at the time of the offense, ie if you were charged for Drunk and Disorderly for smashing a pub window then this would be a CIMT, but if you were just falling over and making a pest of yourself to other people then this may not be a CIMT.

My advice would be to obtain your "Subject Access" report from the ACPO website, after you have this you will need your Police Certificate, you can apply for both at the same time. Check through your record and see what appears, if any of the crimes are considered CIMT's then it depends on how old they are, for the USCIS to consider you rehabilitated they should be older than 15 years otherwise a I-601 waiver will need to be completed as you will be denied due to the CIMT's at the interview.

However if you have traveled to the USA on the Visa Waiver Program in the past and on the landing card you have ticked NO to the question that asks if you have ever committed a CIMT, then at the interview the officer dealing with your case will tell you you have committed immigration fraud and you will then be denied for 2 reasons, one of having CIMT's and the second more harder charge to overcome Misrepresentation (Mis-Rep)

Then you will be advised at the interview if a waiver is available to overturn the denial, if so then an I-601 waiver for extreme hardship will be required, but if you know this is going to happen before the denial, you can get your waiver prepared so you can hand it over at the interview to save time, but you may need the services of a good immigration lawyer to put a convincing package together.

I hope this helps.

Regards

Andrew

[Gemmie 142]

Thanks Andrew.

My certificate definitely reads 'NO LIVE TRACE' but I'm not too worried about it. I've always refused any police trouble and after background checks, nothing has ever been found, so unless it comes up again, I'll not worry about it.

[Exile 1]

Hi Exile

ABH will be considered a very serious CIMT (Crime Involving Moral Turpitude), however the Drunk & Disorderly charge on it's own should not be a CIMT unless you committed an illegal act or damage to a person or property at the time of the offense, ie if you were charged for Drunk and Disorderly for smashing a pub window then this would be a CIMT, but if you were just falling over and making a pest of yourself to other people then this may not be a CIMT.

My advice would be to obtain your "Subject Access" report from the ACPO website, after you have this you will need your Police Certificate, you can apply for both at the same time. Check through your record and see what appears, if any of the crimes are considered CIMT's then it depends on how old they are, for the USCIS to consider you rehabilitated they should be older than 15 years otherwise a I-601 waiver will need to be completed as you will be denied due to the CIMT's at the interview.

However if you have traveled to the USA on the Visa Waiver Program in the past and on the landing card you have ticked NO to the question that asks if you have ever committed a CIMT, then at the interview the officer dealing with your case will tell you you have committed immigration fraud and you will then be denied for 2 reasons, one of having CIMT's and the second more harder charge to overcome Misrepresentation (Mis-Rep)

Then you will be advised at the interview if a waiver is available to overturn the denial, if so then an I-601 waiver for extreme hardship will be required, but if you know this is going to happen before the denial, you can get your waiver prepared so you can hand it over at the interview to save time, but you may need the services of a good immigration lawyer to put a convincing package together.

I hope this helps.

Regards

Andrew

Thanks Andrew,

It helps a lot although it isn't great news. Further research has suggested that the guidelines suggest assault with intent to cause serious bodily harm is tantamount to a CIMT. Not sure where that leaves ABH. Under English law serious assault is more comparable with GBH. In fact the language is now used to describe the the equivalent to GBH as it forms part of the definition of Murder under the Homicide Act. I'm going to research US definitions of the offense. Will it at any point help me if i can show reasonable grounds for believing that my arrest was not for a CIMT? I'm more concerned about the Immigration fraud aspect. As mentioned the ABH was arrest only and i was cleared so i feel in the long run that aspect can be resolved more easily even if requiring a waiver.

When determining whether an offense had SITCBI would the person reviewing the application have any guidelines as to what that might be defined as?

Also is there a way of getting a copy of my police record without using the links you provided (even if it isn't official). Although i was told i was under arrest for ABH i was part of a group. I don't know how this might have been recorded. I don't want to fill in that form saying as much, for my record to have a lesser offense on it and this to raise a question with the OB. Likewise the D&D was on an New Years Eve. My local police force had a very busy night, i don't know to what extent they will have recorded the details but i don't want to surrender more info than necessary. (Long shot i know)

Also if i was able to get a K-1 would i be likely to face further issues once i applied for an AOS post wedding? Are you able to apply for dispensation to work whilst this is pending (as i believe you can whilst on a K-1)

Sorry for the barrage of questions, I'm finding this tough to get started with and that is from someone who holds a law degree in the Uk and who's partner is currently studying for one in the US.

Cheers, Ex

[Boiler 45,936]

http://www.usvisalawgroup.com/

This lawyer gets a good recommendation and is in London.

US ones tend to be cheaper, if you do not mind doing it by telephone/ e mail I can give you a link.

[Traci - Andrew 14]

Thanks Andrew,

It helps a lot although it isn't great news. Further research has suggested that the guidelines suggest assault with intent to cause serious bodily harm is tantamount to a CIMT. Not sure where that leaves ABH. Under English law serious assault is more comparable with GBH. In fact the language is now used to describe the the equivalent to GBH as it forms part of the definition of Murder under the Homicide Act. I'm going to research US definitions of the offense. Will it at any point help me if i can show reasonable grounds for believing that my arrest was not for a CIMT? I'm more concerned about the Immigration fraud aspect. As mentioned the ABH was arrest only and i was cleared so i feel in the long run that aspect can be resolved more easily even if requiring a waiver.

When determining whether an offense had SITCBI would the person reviewing the application have any guidelines as to what that might be defined as?

Also is there a way of getting a copy of my police record without using the links you provided (even if it isn't official). Although i was told i was under arrest for ABH i was part of a group. I don't know how this might have been recorded. I don't want to fill in that form saying as much, for my record to have a lesser offense on it and this to raise a question with the OB. Likewise the D&D was on an New Years Eve. My local police force had a very busy night, i don't know to what extent they will have recorded the details but i don't want to surrender more info than necessary. (Long shot i know)

Also if i was able to get a K-1 would i be likely to face further issues once i applied for an AOS post wedding? Are you able to apply for dispensation to work whilst this is pending (as i believe you can whilst on a K-1)

Sorry for the barrage of questions, I'm finding this tough to get started with and that is from someone who holds a law degree in the Uk and who's partner is currently studying for one in the US.

Cheers, Ex

Hi Ex

Basically a CIMT is an offense that is committed against a person or property (This is a very rough rule of thumb) so I think ABH would be considered a CIMT but of a lesser degree, for instance one of my early CIMT's was for stealing £1.43 worth of Petrol from another car when our car ran out of fuel miles away from a petrol station, we thought it would be OK to do this, however we were seen the police called all 4 of us arrested and charged.. so what can be considered a real petty crime with no real intention to harm or hurt anyone else can be seen very differently to the USCIS and their law book.

I think that this USCIS Adjudicator guide may be what you are looking for to give you some answers: USCIS Adjudicator Guide

As for your records (Subject Access) just send in the paperwork as requested but if they ask you to list previous crimes then leave it blank as I am sure your memory will not stretch back that far as to remember details, they will then send you a copy of what they have on the Police National Computer system (PNC Check), then check this to see what is or is not recorded and then decide if you want to volunteer the extra info if not recorded, not a choice that I would make personally as if this was important they would have recorded it and the court records or other paper trail would be available, unlike volunteered info that has no paper trail or court records for you to back it up as the USCIS want.

I believe that you can ask the immigration officer at the Point Of Entry (POE or place where you land first in the USA) for a work permit to allow you to work up to your AOS, this will take more time and you may have to wait longer at the POE to get it, but it is down to the Immigration Officer, most will some won't.

I hope this helps.

Regards

Andrew