Hoping someone can advice me about a cimt

[JPKandCAK 0]

I got my police certificate back today and it has one caution on it from april 2008 for a minor crime. Theft under £30.. it was stupid I don't need anyone to tell me haha. I just wondered what steps i need to take now and if i'll get denied at my interview and have to file a waiver? Do I need to get a more detailed description from the police about what happened or what? There was no jail time or anything like that. Thanks in advance

[Sergi9 110]

I got my police certificate back today and it has one caution on it from april 2008 for a minor crime. Theft under £30.. it was stupid I don't need anyone to tell me haha. I just wondered what steps i need to take now and if i'll get denied at my interview and have to file a waiver? Do I need to get a more detailed description from the police about what happened or what? There was no jail time or anything like that. Thanks in advance

It will probably fall under the petty theft exception. The question is will the consulate easily determine that or have to research it which ties up your time and theirs. Best to have handy an explanation of the legal code in UK on this and copy of the petty theft law in the INA. Better yet if you can get someone official on your country side to write an explanation of how this was legally disposed of maybe a UK attorney.

Again Steven Heller fluent in INA and worked in USCIS London, he is practicing in the UK.

[KASH2011 382]

oi m8,i also just got my Uk Police certificate in the post taday too.

Any how, since you only parted from the "old bill" with just a caution (u never went to court) then your situation is gonna fall under the PETTY OFFENCE EXCEPTION !

The Consulate will have before him the so called "Foreign Affairs Manual (FAM)" which has the US Immigration and Nationality (INA) Guidelines that will be applied/Executed.

NOTE:

The 9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)

(CT:VISA-1318; 09-24-2009)

As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:

(1) The applicant has been convicted of or has admitted to the commission of only one crime;

(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or

(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application.

You'll be ok M8,download this manual and read through it,its quite handy.

Good Luck

KASH2011

[JPKandCAK 0]

thank you. It's all very confusing this visa stuff. So I should be ok then? I won't have to file a waiver?

[Nich-Nick 3,354]

I got my police certificate back today and it has one caution on it from april 2008 for a minor crime. Theft under £30.. it was stupid I don't need anyone to tell me haha. I just wondered what steps i need to take now and if i'll get denied at my interview and have to file a waiver? Do I need to get a more detailed description from the police about what happened or what? There was no jail time or anything like that. Thanks in advance

The London Embassy website says near the bottom of this page http://london.usembassy.gov/application_documents.html

Court and Prison Records: Persons who have been convicted of a crime must obtain a certified copy of each court record and any prison record, regardless of the fact that he or she may have subsequently benefited from an amnesty, pardon or other act of clemency.

Court records should include:

•Complete information regarding the circumstance surrounding the crime of which the applicant was convicted; and

•The disposition of the case, including sentence or other penalty or fine imposed

Court and Prison Records for the United Kingdom: Court Records, usually called a "Memorandum of Conviction" (MOC) in Great Britain and "Certificates of Conviction" in Northern Ireland, must be obtained from the clerk of the court(s) in which you were tried.

[Sergi9 110]

oi m8,i also just got my Uk Police certificate in the post taday too.

Any how, since you only parted from the "old bill" with just a caution (u never went to court) then your situation is gonna fall under the PETTY OFFENCE EXCEPTION !

The Consulate will have before him the so called "Foreign Affairs Manual (FAM)" which has the US Immigration and Nationality (INA) Guidelines that will be applied/Executed.

NOTE:

The 9 FAM 40.21(a) N7.1 Provisions of INA 212(a)(2)(A)(ii)

(CT:VISA-1318; 09-24-2009)

As amended, a conviction or admission of the commission of a crime of moral turpitude will not serve as the basis of ineligibility under INA 212(a)(2)(A)(i), if the following conditions have been met:

(1) The applicant has been convicted of or has admitted to the commission of only one crime;

(2) The maximum penalty possible for the crime of which the alien was convicted or for which the alien legally admitted to did not exceed imprisonment for one year and, if the alien was convicted and the alien was not sentenced to a term of imprisonment in excess of six months; or

(3) The crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement if applicable) more than 5 years before the date of the visa application.

You'll be ok M8,download this manual and read through it,its quite handy.

Good Luck

KASH2011

Well we certainly hope it plays out that way, however over the last couple of months we have seen a couple cases here where there was a lengthy going back an forth to come to that conclusion.

Good luck

[JPKandCAK 0]

I was never convicted though. I was only cautioned.. It never went to court. Will I still need to get something else like one of those subject access things?

[trojam227 18]

Get it anyway..better to be prepared in case they ask for it. I called her majesty's court where my husbands records are and they said it only takes a week to get a MOC. For a caution you should go to the police dept that issued it..i think. London embassy loves to question ACPO's so we've learned. You shouldn't have any problem getting a visa with only 1 caution though. Best of luck @ interview