Prior arrest in 2001

[taylor 0]

Hi its ages since Ive been here. My k3 interview is next week in London so I have started thinking about what will happen if Im inadmissable. It was kind of taking over my life before and I was not sleeping so I kind of took a break from it all. My story is I was arrested in 2001 for shoplifting and I admitted the offence and was cautioned. My lawyer has written me a brief to take to my K3 interview saying that I should not need a waiver under the petty offence exception, so I need to see how that goes. I am not being very positive at the moment. My husband is very positive and believes he's going to see me in a couple of weeks, but Ive heard such horror stories and am scared. We do not have a waiver prepared yet, if we do have to prepare a waiver what happens? Will I have to go back for another interview with the hardship letter, or does my lawyer just send everything to the embassy? Its confusing. Any help would be great.

[TracyTN 237]

I would be very surprised if this were an issue, as it is not a crime of moral turpitude (did I spell that right??).

If you are concerned, I would go ahead and have the waiver paperwork filled out and ready to go on interview day if that turns out to be the case. That would save you some time in the event that you do have to go through the waiver process.

[KTMMAN(non compus mentis) 0]

Im not sure bout it not being a CMT as shoplifting is classed as theft and theft is a CMT,I too have conviction for theft from nearly thirty years ago and I am preparing to do a 601,the answer is be prepared,Im not trying to scare you but just trying to be realistic about your concern,as long as you have your police cert and any relevant court records, as Im sure that you will be asked to produce them, its a 50/50 call good luck

[Welshcookie 17]

Im not sure bout it not being a CMT as shoplifting is classed as theft and theft is a CMT,I too have conviction for theft from nearly thirty years ago and I am preparing to do a 601,the answer is be prepared,Im not trying to scare you but just trying to be realistic about your concern,as long as you have your police cert and any relevant court records, as Im sure that you will be asked to produce them, its a 50/50 call good luck

Is this still on your police record and you have court records after all that time???

[KTMMAN(non compus mentis) 0]

Yep it was still on when after waiting 53 days for my police cert to arrive,yes I know they only have 40 days by law but you try doing anything about it if it is late,its a joke,anyways as you can expect I was a bit hacked off to find this there so again I tried to get it removed,might as well go bang my head against a wall,but I will say this if you only have say 3 convictions at the most and non of them are serious then most probably get a clean sheet BUT it is up to the police to decide and has nothing to do with the timescale or any other factors,hope this helps you

[aussiewench 9]

I have one of larceny from 24 years ago that I know is going to show on my certificate. I haven't been concerned about it at all. It was one offence a lot of years ago and it was under a certain dollar value and I only received a fine (it would not of converted to jail time if in US in other words). I confirmed my thoughts today in a US Embassy Sydney online chat with a CO who told me I would not need a waiver.

And yes theft/larceny is a crime of moral turpitude. It seems to cover everything just about.

Edited January 31, 2006 by aussiewench

[leroy1999 0]

I had a magistrates conviction and didn't show on mine.

Luck of the draw if you ask me - UK Police are rubbish at keeping records. I have a buddy who had a Affray and Drink Driving Convictions. Neither showed.

BTW - Isn't theft considering Moral Turpitude - which is grounds for Visa Denial.

It's all down to the Consular Officer in London. P.s. Half of the CO's in London jolly it up and love London so they are generally pleaseant.

Imagine a CO in a rural African Country - Would you be happy to come to work ?

BTW - Isn't theft considering Moral Turpitude - which is grounds for Visa Denial.

It's all down to the Consular Officer in London. P.s. Half of the CO's in London jolly it up and love London so they are generally pleaseant.

Imagine a CO in a rural African Country - Would you be happy to come to work ?

[munchkins 0]

Im not sure bout it not being a CMT as shoplifting is classed as theft and theft is a CMT,I too have conviction for theft from nearly thirty years ago and I am preparing to do a 601,the answer is be prepared,Im not trying to scare you but just trying to be realistic about your concern,as long as you have your police cert and any relevant court records, as Im sure that you will be asked to produce them, its a 50/50 call good luck

Is this still on your police record and you have court records after all that time???

Welsh, my hubby has a few convictions on his police record from 34 years ago when he was 16 !!!

[Welshcookie 17]

Im not sure bout it not being a CMT as shoplifting is classed as theft and theft is a CMT,I too have conviction for theft from nearly thirty years ago and I am preparing to do a 601,the answer is be prepared,Im not trying to scare you but just trying to be realistic about your concern,as long as you have your police cert and any relevant court records, as Im sure that you will be asked to produce them, its a 50/50 call good luck

Is this still on your police record and you have court records after all that time???

Welsh, my hubby has a few convictions on his police record from 34 years ago when he was 16 !!!

Wow.....that's incredible....

[munchkins 0]

Incredible is the right word, what my hubby cannot understand is why what he did when he was young and stupid and the last one was at 24 when he was going through a bad divorce, so that was 28 years ago!! should have any bearing on what he is now and affect his chances of immigrating.

He has never been in any trouble since and is a respected member of the business community. But what has to be has to be and if we require a waiver we will have one ready!!

[sharky 2]

Taylor,

as most people have said in here, it appears that it may come down to the "luck of the draw". I can't beleive that some peoples convictions are NOT shown up on a police record document, whether they are from 2 years of 20 years ago. I was under the impression that everything (even down to police cautions in some cases) can be shown on these records.

I would disagree with kttman though, with the 3 convictions thing.

It comes down to two main things:

1. whether the crime was CIMT (theft is CIMT)

2. whether you have more than one previous conviction (if you do, no matter how small or minor they are you WILL need to file a waiver). It doesn't make any difference if they were minor offences, if they show up on the record you'll need to file.

It's just a way of the US immigration services getting more revenue from you, when it comes down to it.

By the looks of things you have just one previous but it is a CIMT, so I would be prepared with a I-601.

Beleive me it pays to have it, just in case.

I had to file one last week, and the officer was adamant that these two reasons were enough to warrant a waiver.

I wouldn't be too worried, it just puts the process back about 8 weeks anyway, and London's a good place to file.

regards

Paul

[KTMMAN(non compus mentis) 0]

Sorry Paul but you got hold of the wrong end of the stick if you read my post properly you would see that I was refering to the police cert you get issued in the U.K.,not about getting a waiver or anything to do with CMT,oh and another thing I applied for some court records and the going rate is £25 per case.............hmm..........rip off comes to mind,but I aint bothered as got my interview date and hopefully a few months after that my waiver and then off I go,